car accident who is at fault?

brians_daughter

Hi guys just looking for opinions here pls, i am being driven insane with it.

I was involved in a n accident around 4 weeks ago

I was driving down a street with my mother in the car - the car infront (about 20 foot at this time) of me turned into a drive so i continued, they then reversed and hit me side on.By the time i had hit my horn he had hit me. Considerable damage to my car, none to theirs. He said he didnt see me and agreed to pay for damage

They said didnt wish go via insurance and as a family member owns a vehicle repair shop i was fine with this. He gave all his details and wrote them down for me. I rang him and by this time he had decided to go via insurance. This was the same day the accident happened. I informed my insurance company and got the other drivers insurance details.

He is now saying i was at fault not him. He states i was driving too fast and thats why he didnt see me. I was not driving fast, infact about 15 mph if that as the street has a turn point at the top and i was approaching the top of the street so i could not have been driving at excessive speed anyway

He has backed off a drive and hit my vehicle, so surely i cannot be held responsible?

I am only covered 3rd party so i am really concerned that i will have to find the £800 to fix my car and i am also concerned that i will be driving round in a damaged car until all this is sorted, which the guy who drove into me says could be months. I have never had an accident prior to this so i have no experience

I know there are 2 sides to every story but this is an honest account as to how it happened so can anyone give me experiences or advice that i can draw upon?

Will i be found at fault?

Sorry, i know this probably isnt the place to post but as a long haul MSE'ers i know the advice on here is great

DirectDebacle

brians_daughter wrote: »

Hi guys just looking for opinions here pls, i am being driven insane with it.

I was involved in a n accident around 4 weeks ago

I was driving down a street with my mother in the car - the car infront (about 20 foot at this time) of me turned into a drive so i continued, they then reversed and hit me side on.By the time i had hit my horn he had hit me. Considerable damage to my car, none to theirs. He said he didnt see me and agreed to pay for damage

If your speed was in excess of the speed of light then of course he wouldn't be able to see you.:D

Everything was o.k. until he spoke to family/friends/insurers. He has now been advised to deny liability which is par for the course.

His insurers first duty is to shareholders so if they can reduce their payout that is what they will try to do.

Were there any witnesses other than your mother.

It may be of help if it can be shown that the drive he turned into was not his drive.

You need to strenuously deny any liability.

If he is saying that he was driving with due care and attention then of course he would have checked his mirrors and noticed you behind him prior to executing the turn into the driveway. He should then have been looking behind him and waiting for you to pass the driveway if you had not already done so, before reversing out.

It seems clear that he performed no such checks and was totally unaware of the traffic around him. He was driving without due care and attention.

Describe the accident in as much detail as possible and support this with a sketch plan of the scene. Give details of witnesses and statements if available.

Minor point. 15mph = approx 22 feet per second. You were probably travelling slower than you thought or you have underestimated how far you were behind him.

Try not to worry. Your insurers should not have too much trouble in persuading the other side that they are liable.

geri1965_2

The onus is upon the reversing driver to ensure that the way is clear before commencing his manouevre. He is at fault, don't worry about it.

brians_daughter

Thanks, he actually said to me he didnt see me behind him going up the street...all 1/2 a mile of it!

You are right, i was going no where near 22ft a second... i was only a short distance from the top of the street to turn around so was doing no where near that.

It wasnt his drive, it was next doors he told me that initially. and after re-visiting the scene after him providing his address it isnt his drive.

Is it worth mentioning to the insurance company that he actually wrote down his name address and contact numbers for me, (which i still have, he wrote it on his employers business card) when i asked him did he require mine he said he didnt as it was his fault and didnt wanna go via insurance. I mean, if he was adamant initially it wasnt his fault he would have requested my details wouldnt he

Thanks for this, i feel slightly better now

Dr.Shoe_2

Don't worry, it is entirely his fault.

DirectDebacle

brians_daughter wrote: »

Thanks, he actually said to me he didnt see me behind him going up the street...all 1/2 a mile of it!


Is it worth mentioning to the insurance company that he actually wrote down his name address and contact numbers for me, (which i still have, he wrote it on his employers business card) when i asked him did he require mine he said he didnt as it was his fault and didnt wanna go via insurance. I mean, if he was adamant initially it wasnt his fault he would have requested my details wouldnt he

Thanks for this, i feel slightly better now

Yes give them as much details as you can. You really do need his insurers to accept liability or it costs you money.

Think back to when you were a learner and you were practicing 3 point turns. Drive forward to kerb, stop, set handbrake and select neutral. Select reverse release hadbrake, slowly reverse checking for traffic in both directions. Experienced driver is going to take 3 seconds or so to do this. If he had followed this procedure good chance you would have been past the driveway before he even emerged from it.

I suspect he just turned into the drive slammed it into reverse and came straight back out which may have taken 2 sec to do. Make these points to your insurers as well.

Sorry to bang on but you have to lay this one firmly at his door.

aqueoushumour01

if you describe everything properly plus I guess photos of the damage etc.. then the claim will have to go in your favour

cyclonebri1

brians_daughter wrote: »

Hi guys just looking for opinions here pls, i am being driven insane with it.

I was involved in a n accident around 4 weeks ago

I was driving down a street with my mother in the car - the car infront (about 20 foot at this time) of me turned into a drive so i continued, they then reversed and hit me side on.By the time i had hit my horn he had hit me. Considerable damage to my car, none to theirs. He said he didnt see me and agreed to pay for damage

They said didnt wish go via insurance and as a family member owns a vehicle repair shop i was fine with this. He gave all his details and wrote them down for me. I rang him and by this time he had decided to go via insurance. This was the same day the accident happened. I informed my insurance company and got the other drivers insurance details.

He is now saying i was at fault not him. He states i was driving too fast and thats why he didnt see me. I was not driving fast, infact about 15 mph if that as the street has a turn point at the top and i was approaching the top of the street so i could not have been driving at excessive speed anyway

He has backed off a drive and hit my vehicle, so surely i cannot be held responsible?

I am only covered 3rd party so i am really concerned that i will have to find the £800 to fix my car and i am also concerned that i will be driving round in a damaged car until all this is sorted, which the guy who drove into me says could be months. I have never had an accident prior to this so i have no experience

I know there are 2 sides to every story but this is an honest account as to how it happened so can anyone give me experiences or advice that i can draw upon?

Will i be found at fault?

Sorry, i know this probably isnt the place to post but as a long haul MSE'ers i know the advice on here is great

Hmmmmmmmmmmmmmmm,

So you were 20ft behind, the car turned in, then reversed and hit you:rotfl:

Sorry smells abit?, why did you not just carry on past the car?. Why did you stop behind it?, you must have done if within the speed you travelling the driver had time to turn in, stop, and actually hit you??

I think you need a better excuse

brians_daughter

cyclonebri1 wrote: »

Hmmmmmmmmmmmmmmm,

So you were 20ft behind, the car turned in, then reversed and hit you:rotfl:

Sorry smells abit?, why did you not just carry on past the car?. Why did you stop behind it?, you must have done if within the speed you travelling the driver had time to turn in, stop, and actually hit you??

I think you need a better excuse

As already stated i was approaching a turning point - i was 20 foot behind as i assumed the other driver was also using the turning point so i gave him plenty room, He drove into a drive that was not his to turn around by reversing. As a result he hit the side of my car. As i realised he was pulling onto a drive i thought he lived there (as i am sure many would, i wouldnt apreciate someone using my drive to turn around on!) so carried on, but as i had been stationary and was only driving to the turning point (35 foot max) i was going very slowly

My insurance have already confirmed this afternoon that he is at fault as he hit a car that was on the road.

why would i need an excuse?

Wow

brians_daughter wrote: »

My insurance have already confirmed this afternoon that he is at fault as he hit a car that was on the road.

why would i need an excuse?

And his insurance might confirm that you were at fault. So what happens next then?

Paradigm

Wow wrote: »

And his insurance might confirm that you were at fault.

How will they do that then?