how is car insurance liability determined?

lossofbargain

Ok, the OH was reversing out of a car parking space and was struck / or struck a car driving behind.

No witnesses.

Third party will allege that we reversed into the side of him but we will maintain he tried to whizz round the back of us and scraped his car.

THE ONLY EVIDENCE WILL BE THE DAMAGE PHOTOS.

Our car has a scuff on the corner of the bumper, his car has no dent (so no evidence of being reversed into) and his scrape is a foot long (showing home coming across us). surely he should have not overtook us when we we reversing out onto his side of the road.

gordikin

Sounds like it's your OH fault. Your OH should not have reversed out if it was not safe to do so.

Hey_Dude

lossofbargain wrote: »

Ok, the OH was reversing out of a car parking space and was struck / or struck a car driving behind.

No witnesses.

Third party will allege that we reversed into the side of him but we will maintain he tried to whizz round the back of us and scraped his car.

THE ONLY EVIDENCE WILL BE THE DAMAGE PHOTOS.

Our car has a scuff on the corner of the bumper, his car has no dent (so no evidence of being reversed into) and his scrape is a foot long (showing home coming across us). surely he should have not overtook us when we we reversing out onto his side of the road.

I think you are liable.

There is an argument that the onus is on the reversing party to be that much more aware of those around them etc etc.

For the other guy to be liable you woul have to have reversed out and come to halt - thus being there to be seen and therefore avoided.

However you didn't - you reversed into their path.

Hey ho - at least no one was hurt by the sound of it.

Duder

lossofbargain

forgot to say the same to the other car was the back wing. if we reversed into his path it would have been front end damage.
so is it right for the other driver to go round a bend and then overtaken a reversing car (thus driving on the wrong side).

gordikin

I'm sure the driver of the other car will say they swerved onto the other side of the road to try and avoid the collision...which is entirely plausable.