Car Park crash ...

poh75
poh75 Posts: 40
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Hi

I was in a supermarket car park and reversed out of a parking bay, I was over half way across the road when out of nowhere a car was behind me. I hit it. I was only doing like 1mph. I pulled back forward so the drive could get out. He was clearly speeding in the car park.

Taking a look there was no damage to either car. However he was adamant that there was a scratch, there was nothing there. We argued for a while and I called the police who refused to come out as no one was injured. I called my insurance company and they said swap details and that was it. We both had our partners with each other, so we both had a witness but no one else was there.

I took photos of the side of their car.

two questions.

Who was at fault? If you go into the back of someone you are always at fault but what happens if you go in the side of someone? I was looking and I was not going very fast at all, I was half way into the road, he clearly either did not see me or thought he could speed past.

Does it make a difference its on private property and not the open road, the car park in question has had no road markings.

The other guy was clearly trying it on, he had a newish golf, it was VERY dirty and covered in mud.

What should I do with my insurance company, if this guys puts in a claim it will be fraud! Should I put in counter claim? I don’t want my insurance damaged by this idiot.

Thanks for advice, this has never happened to me before.

Insurance company is Direct Line for both myself and the other drive.
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Comments

  • darich
    darich Posts: 2,145
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    Not sure how it would work out but going on what you say, the other's driver speed is irrelevant. If you were reversing out of a space and hit him, then it's your fault - his speed is not a factor.

    If it's word against word with no independent witnesses then it could go 50/50.

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  • iamana1ias
    iamana1ias Posts: 3,777 Forumite
    poh75 wrote: »
    Hi

    I was in a supermarket car park and reversed out of a parking bay, I was over half way across the road when out of nowhere a car was behind me. I hit it. I was only doing like 1mph. I pulled back forward so the drive could get out. He was clearly speeding in the car park.

    Taking a look there was no damage to either car. However he was adamant that there was a scratch, there was nothing there. We argued for a while and I called the police who refused to come out as no one was injured. I called my insurance company and they said swap details and that was it. We both had our partners with each other, so we both had a witness but no one else was there.

    I took photos of the side of their car.

    two questions.

    Who was at fault? If you go into the back of someone you are always at fault but what happens if you go in the side of someone? I was looking and I was not going very fast at all, I was half way into the road, he clearly either did not see me or thought he could speed past.

    Does it make a difference its on private property and not the open road, the car park in question has had no road markings.

    The other guy was clearly trying it on, he had a newish golf, it was VERY dirty and covered in mud.

    What should I do with my insurance company, if this guys puts in a claim it will be fraud! Should I put in counter claim? I don’t want my insurance damaged by this idiot.

    Thanks for advice, this has never happened to me before.

    Insurance company is Direct Line for both myself and the other drive.

    Sounds like you are at fault (as you say you hit the third party rather than the other way around). How can you have been looking properly and not seen him? :confused:

    You can't prove that he was speeding, and cars don't come out of nowhere. :rolleyes:

    Neither of your passengers can be used as witnesses.
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  • jonathon
    jonathon Posts: 748
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    must agree with above
  • mcjordi
    mcjordi Posts: 4,238
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    you were reversing so imo its your fault.. but as darich says it could go 50/50 at a push
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  • jonathon wrote: »
    must agree with above

    Me too!:rotfl:
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  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 30 August 2009 at 7:02PM
    poh75 wrote: »
    The other guy was clearly trying it on, he had a newish golf, it was VERY dirty and covered in mud.

    What should I do with my insurance company, if this guys puts in a claim it will be fraud! Should I put in counter claim? I don’t want my insurance damaged by this idiot.

    What do you mean by "should I put in a counter claim"? If you have damage that needs repairing, making a claim isn't issuing a "counter claim"!

    All you need to do is report the incident to your insurer.

    Whenever involved in a collision never just say no damage done and expect that to be the end of the matter - you cannot possibly know whether the impact has caused hidden damage until the car is checked out properly!

    If the third party does make a claim, it will make little difference to your insurance "damage" - at the very best from this you will be held partly to blame, meaning the equivalent of a fault claim as far as your NCD is concerned.
  • goldspanners
    goldspanners Posts: 5,910 Forumite
    so if he was clearly speeding the car park must have an enforcable speed limit,right? you hit the side of his car so does that mean his car can now drive sideways into yours?

    you were the one carrying out the manouvre,not him,as far as he is concerned he was driving forward in a straight line and then all of a sudden someone who clearly wasnt watching reversed into the side of him. if you were watching you would have seen him.

    i doubt you will have much luck with this. as for counter claim, you claim there was no damage so what would you be counter claiming for?
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  • goldspanners
    goldspanners Posts: 5,910 Forumite
    if there was ever a good enough reason to reversing in and driving out a car parking space then this is it.
    ...work permit granted!
  • Inactive
    Inactive Posts: 14,509 Forumite
    poh75 wrote: »



    Who was at fault? If you go into the back of someone you are always at fault but what happens if you go in the side of someone? I was looking and I was not going very fast at all, I was half way into the road, he clearly either did not see me or thought he could speed past.


    .


    You obviously was not looking, otherwise you would have seen the other driver coming and stopped before hitting him.


    Let your insurers sort it.
  • LandyAndy
    LandyAndy Posts: 26,377
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    if there was ever a good enough reason to reversing in and driving out a car parking space then this is it.

    Supermarkets are the only place I don't do this because it can make loading the boot with shopping difficult.
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