Crashed into a car that had alreay crashed....

Jacarandasparrow
Jacarandasparrow Posts: 5 Forumite
in Motoring
Sunday night, coming round a bend, I hit a car that had itself already just crashed. When I hit it, the other car was half on, half off the road, at right angles to the carriageway, with backend to the road, on my side of the road. The front nearside of my car hit the rear nearside of his car, spinning him round 180 degrees, so that he ended up front facing to the road.


Thankfully I'm uninjured, and the other driver's injuries are apparently not too serious. Astonished to find that my insurers consider this my fault - that in their view the other car was "parked". Is this right? They are saying that they will have to pay for the damage to the other driver's car, but all of the damage to his front end (extensive) was caused by his own solo accident going off the road before I even came along?


Any thoughts would be appreciated - is it worth fighting?
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Comments

  • Le_Kirk
    Le_Kirk Posts: 22,284 Forumite
    First Anniversary First Post Photogenic Name Dropper
    We spend a lot of time asking people on the main Motoring forum to post parking ticket issues on this sub-forum but actually this is more suited to the main Motoring forum. Send a PM to Crabman, Soolin or Savvy and ask them to move it. You will get a much better response.
  • Jacarandasparrow
    Jacarandasparrow Posts: 5 Forumite
    Oh, sorry - didn't realize I'd posted it here. My mistake! Thanks for the advice :)
  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Doesnt matter if a car is parked, crashed or a child is playing in the road. You hit it, expect to be blamed for it.

    I think youll struggle to convince anyone you couldnt react to a stationary object partially blocking the road.

    A google map location might suggest otherwise.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Name Dropper Photogenic First Anniversary First Post
    spadoosh wrote: »
    Doesnt matter if a car is parked, crashed or a child is playing in the road. You hit it, expect to be blamed for it.

    This is the bottom line. No matter what was round that corner you should've been driving in a way that meant you'd not hit anything you encountered.

    You were unlucky .... we can't all crawl round corners at 20mph "just in case" and do have to take a certain amount of assumption into our driving decisions ..... but the bottom line always comes down to "he wasn't moving, you hit it".
  • telemarks
    telemarks Posts: 255 Forumite
    Mortgage-free Glee!
    spadoosh wrote: »
    Doesnt matter if a car is parked, crashed or a child is playing in the road. You hit it, expect to be blamed for it.
    Yep exactly, your fault. Could be a dancing pink elephant in the road, if you were travelling faster than the distance you can see to stop, and hit something not moving, its your fault.

    Happened to my wife many years ago. In fog, on stright B road, she stopped as she saw a two car accident blocking the road ahead, people trapped, police car, ambulence arriving blues and twos etc. Before she got her hazzards on, a car behind hit her at approx 60mph, turning a large estate car into a small hatchback.

    The police officer walked up the road to check my wife was OK, and then verbally balled out the second driver who reared her. That other driver was done for dangerous driving, but only got 6points on her licence. I shudder to think what would have happened if my wifes car was not there.

    Consider yourself lucky if its just the insurance after you...
  • Jacarandasparrow
    Jacarandasparrow Posts: 5 Forumite
    Ok, thanks for the replies. A bit galling, but I understand the reasoning.


    Thankful that it wasn't a lot worse - another motorist had stopped to help the driver of the first car and was crossing the carriageway when I came round the bend; could have easily hit him had he been a few feet further across.
  • maisie_cat
    maisie_cat Posts: 2,067 Forumite
    First Anniversary Name Dropper Academoney Grad First Post
    Somebody hit me whilst I was stationery waiting to turn right and it was deemed knock for knock because apparently I shouldn't have been in the middle of the road stationery. It was the only accident I've had in 35 years of driving so I didn't have any means to challenge it
  • Jacarandasparrow
    Jacarandasparrow Posts: 5 Forumite
    maisie_cat wrote: »
    Somebody hit me whilst I was stationery waiting to turn right and it was deemed knock for knock because apparently I shouldn't have been in the middle of the road stationery. It was the only accident I've had in 35 years of driving so I didn't have any means to challenge it


    Where were you supposed to wait to turn right??
  • Crabman
    Crabman Posts: 9,943 Forumite
    First Post First Anniversary Combo Breaker Intrepid Forum Explorer
    I've moved this thread over to the Motoring Board :)
  • Money_Grabber13579
    Money_Grabber13579 Posts: 4,256 Forumite
    Newshound! Name Dropper Combo Breaker First Post
    If I understand the OP correctly, is the issue not that the insurance company is saying that they will have to pay for the damage caused to the rear of the OP!!!8217;s car but also the front of the OP!!!8217;s car, which was caused by the earlier accident? If so, the second part seems very unfair, but perfectly valid in the first part.
    Northern Ireland club member No 382 :j
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