Help with car insurance law

dafnid

15 months ago i was reversing into a parking space on a 1 way street, adjacent to a junction, i checked all round and my way was clear when suddenly half way through my manouvre i was struck in the side of my car by a 3rd party who, it became apparent, was looking left into the oncoming traffic and had not seen me reversing yet he had entered the one way street without looking to his right. My insurers wrote my car off but have now sent me a letter stating that as i was reversing, i am fully responsible for the accident. I cannot understand how, simply because i was the party reversing, i can be held in any way responsible for this accident when the 3rd party hit me. Does anyone know where this loophole about the reversing party bieng 100% responsible automatically is in the law or indeed if it is always the case?

Sponge

172

The approach to a junction may have a ‘Give Way’ sign or a triangle marked on the road. You MUST give way to traffic on the main road when emerging from a junction with broken white lines across the road.

[Laws RTA 1988 sect 36 & TSRGD regs 10(1),16(1) & 25]

Surely the other driver shouldn't have exited their road and entered yours without first making sure it was clear to do so. That means looking both ways, not just from the direction that traffic is flowing.

Was it an authorised parking space?

243

DO NOT stop or park

• near a school entrance
• anywhere you would prevent access for Emergency Services
• at or near a bus or tram stop or taxi rank
• on the approach to a level crossing/tramway crossing
• opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
• near the brow of a hill or hump bridge
• opposite a traffic island or (if this would cause an obstruction) another parked vehicle
• where you would force other traffic to enter a tram lane
• where the kerb has been lowered to help wheelchair users and powered mobility vehicles
• in front of an entrance to a property
• on a bend
• where you would obstruct cyclists’ use of cycle facilities except when forced to do so by stationary traffic

Notice subtle difference in wording:

Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see 'The road user and the law') to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.

Quote

dafnid wrote: »

15 months ago

!!!!!!?

__________________________________________

dafnid

yes it was an authorised space, one of the few remaining where i live and there is a broken double white line on the exit to the junction signifying that the 3rd party should have given way to traffic, however, as he was entering a one way street he was giving way to the traffic approaching from his left so i suppose it could be argued that i was not in effect "traffic" being to his right?

Sponge

It says give way to traffic on the road, which you were, it doesn't specify which direction one should look, especially with regard to one way streets. I would argue a driver should be looking in all directions, regardless of where he 'assumes' traffic will be (coming from).

All I can recommend is talking to a Solicitor. Anything we say is mere speculation and interpretation of the law as we see it, which is fraught with danger.

Maybe try here:

http://www.honestjohn.co.uk/forum/threads.htm?f=2

It's a more motoring related forum.

dafnid

Cheers! i'll try it!