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Hit by a car whilst reversing - advice?
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# 1
iwilldoitthistime
Old 02-07-2007, 9:17 PM
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Question Hit by a car whilst reversing - advice?

Hi there

last week i was reversing out of my allocated car parking space when I was hit by my next door neighbours neice who was driving into the space next to mine.
Her front bumper was slightly scratched where she hit me, whilst my passenger door has a slight scrape.
As the lady insisted that we went through our insurance companies, I submitted a claim, even though I assumed it was probably a 'knock for knock' claim.
I have now had a telephone call from her (rather nasty) insurance company asking me to admit liability on the phone, even though she hit me (she was overlapping into my space when this happened) - they say it is because I was reversing that its my fault.

Is this right? Can anyone give me any advice on this?:confused:

NB - my insurance company said they were going for a knock for knock as we were both moving.

thanks!
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# 2
sjc
Old 02-07-2007, 9:35 PM
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Don't admit to anything, let your insurance company deal with it. But I would call your insurance and let them know you received the call, did you make a note of the date & time and who had called you? if so tell your insurance.

What is to stop the other insurance company saying you admitted liability over the phone, as it verbal it can't be proved either way, but if you've prewarned your insurance at least they'll be ready for it.
Cheers
Steve
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# 3
Labman
Old 02-07-2007, 9:37 PM
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Quote:
Originally Posted by iwilldoitthistime View Post

NB - my insurance company said they were going for a knock for knock as we were both moving
Do not admit liability & let your insurance company deal with this.....sounds like knock for knock to me. Would have been probably cheaper for both of you to sort out your own repairs if damage is minor. As you've both appeared to have already involved insurance companies, premiums for both of you will probably rise in the future unfortunately.
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# 4
mattymoo
Old 02-07-2007, 9:42 PM
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No such thing as knock for knock - it died away in the early 90's. Commonly missused term anyway. What you really mean is 50/50. However, since you were reversing, the greater onus was on you to make sure it was safe to do so. They will argue that since the collision occured, you failed in this duty and are responsible.

Did you see her approach? If so, was there any eye contact or signal to suggest she would let you complete your manouvre?
If not, and you did not see her coming, you are stuffed anyway because they will argue you were not sufficiently aware of others around you.
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# 5
milkydrink
Old 02-07-2007, 10:12 PM
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I think if you have an accident while reversing its ALWAYS your fault. Same as if you go into the back of someone, its ALWAYS your fault.
I don't think your insurance company would like you admitting to anything anyway, so I suggest if they phone again tell them to contact your insurers & say nothing else to them.
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# 6
KatrinaC
Old 02-07-2007, 10:19 PM
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Quote:
Originally Posted by kimevans View Post
I think if you have an accident while reversing its ALWAYS your fault. Same as if you go into the back of someone, its ALWAYS your fault.
Not necessarily. A colleague of mine was in a bump where someone ran into the back of her in a queue. The man driving admitted that he hadn't braked in time and admitted liability at the scene. She contacted her insurance company who said to go ahead with the repairs as he had admitted liability. Two months later she has had a letter from the other insurance company as he had changed his mind and decided that she had rolled back down a hill into him (the road is flat...) and to add insult to injury she is to blame for the damage on his car...

Kat
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# 7
Labman
Old 02-07-2007, 11:38 PM
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Quote:
Originally Posted by kimevans View Post
I think if you have an accident while reversing its ALWAYS your fault. Same as if you go into the back of someone, its ALWAYS your fault.
'Think' & 'ALWAYS'?.....dangerous combination. So if someone shunts me into the car in front at traffic lights it's my fault? If I'm reversing at 1 mph & I'm hit by someone driving at 30mph whilst their distracted on their mobile it's my fault?
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# 8
iwilldoitthistime
Old 03-07-2007, 7:27 PM
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thanks everyone - I did ring my insurance company and give them the details from the other insurance company.

As the damage was minor on both cars, I would rather have just had them repaired without dealing with the insurance companies, but the other party insisted that she was involving her insurance - I assume because the car is a motability one??

Anyway - hopefully I wont be held liable as it wasnt entirely my fault - after all, she drove into me whilst swinging into her space while I was reversing straight back.

thanks again for the advice!
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# 9
jackieb
Old 03-07-2007, 7:52 PM
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I agree, don't admit liability. I was in an accident a few years ago. I was the 3rd car of 5 in a black ice shunt. The girl in the first car had braked and spun 360 degrees. The 2nd car hit her, I hit the 2nd car (changed down gears, braked slowly, ended up pumping brakes but nothing, road hadn't been gritted). 4th car hit me etc.

When we got out of our cars we all agreed on how skiddy the roads were. No-one blamed anyone else, no one admitted liability. Even the police said it would probably be knock for knock.

A couple of weeks later I received a solicitor's letter blaming me for the accident! I phoned my insurance company and told them what had happened. They told me to write a letter to the solicitor explaining what had happened, and to also send them a copy.

I never heard anything else after that. My car was written off but that just came out of my own insurance. The girl had been driving her dad's car under her own insurance so was only covered 3rd party. They were just trying it on. Stick to your guns!
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# 10
jackieb
Old 03-07-2007, 7:55 PM
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Quote:
Originally Posted by mattymoo View Post
No such thing as knock for knock - it died away in the early 90's. Commonly missused term anyway. What you really mean is 50/50. .
The policeman told me it would probably just be knock for knock. That was just 7 years ago.
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# 11
foxyuk
Old 03-07-2007, 9:52 PM
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Quote:
Originally Posted by iwilldoitthistime View Post
Hi there

last week i was reversing out of my allocated car parking space when I was hit by my next door neighbours neice who was driving into the space next to mine.
Her front bumper was slightly scratched where she hit me, whilst my passenger door has a slight scrape.
As the lady insisted that we went through our insurance companies, I submitted a claim, even though I assumed it was probably a 'knock for knock' claim.
I have now had a telephone call from her (rather nasty) insurance company asking me to admit liability on the phone, even though she hit me (she was overlapping into my space when this happened) - they say it is because I was reversing that its my fault.

Is this right? Can anyone give me any advice on this?:confused:

NB - my insurance company said they were going for a knock for knock as we were both moving.

thanks!

unfortunately you are at fault!!!! as you were reversing it is your responsibility to take due care and attention ... i know its harsh
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# 12
real1314
Old 03-07-2007, 10:35 PM
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Erm hang on...

more info needed before any blame can be apportioned. All the "you were reversing - your fault" comments are nonsense.

So: Were you reversing straight out or turning? If turning, to which side, and to which side was the other car parking? Was she going straight in or turning in?

If you were reversing straight out and she was turning in, then she would have hit you whether you were reversing or not. That would be her fault. If she was going straight in and you were turning, it "might" be your fault, but might not as you would have collided with a vehicle that entered an empty space.

More info please.
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# 13
derrick
Old 04-07-2007, 10:54 AM
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Quote:
Originally Posted by real1314 View Post
So: Were you reversing straight out or turning? If turning, to which side, and to which side was the other car parking? Was she going straight in or turning in?
More info please.
Anyway - hopefully I wont be held liable as it wasnt entirely my fault - after all, she drove into me whilst swinging into her space while I was reversing straight back.


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# 14
patchy987
Old 04-07-2007, 11:38 AM
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well i used to work for an insurance claims company and i can tell you how this will be looked at.

the insurers will look at the areas of damage on the vehicles to determine exactly how the collision took place, it will more than likely be settled on a split liability basis.

the people on here who say you are at fault due to reversing are incorrect, just because you were going backwards does not necessarily make you at fault

hope this helps
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