car accident who is at fault?

neilmcl

To clarify, was he attempting a 3 point turn and just go up onto the front of someones drive or did he drive all the way onto the drive, stop, then reverse out again, all within a 20ft distance and you driving slow enough to be able to see and take evasive action, like brake rather than going for your horn? Sounds like you may have been able to avoid the accident.

motorguy

ask to see the car and the specific damage you allegedly did. Align up your car with the damage to see if its even possible.

Oh and meet in a public place and bring a mate.

daveyjp

Despitre what has been said by insurance companies prepare now and begin to do a full statement. I was recently T boned at a junction. My statement was 2 pages which explained the road scene, the weather, speed of vehicles, how the accident happened, which parts of the Highway Code the other driver failed to follow which resulted in an accident. At least 10 photos of the area it happened, three maps showing the situation before and after, full measurements.

It took me a day to do prepare, prior to this the other party were going for a 50/50 claim. Two weeks after receiving my evidence they accepted their client was 100% to blame.

Dismiss anyone on here who says you could have avoided the accident. I've avoided them for 25 years, but on this day it was my turn. I even sensed he was going to hit me, but like you by then I had reached the point of no return and the inevitable happened.

Wow

Paradigm wrote: »

How will they do that then?

Probably the same way as the OP's insurance confirmed it was the other drivers fault.

Wow

pgilc1 wrote: »

Oh and meet in a public place and bring a mate.

Why would she need a durex?

atrixblue.-MFR-.

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

he stated that you were driving too fast thats why he didnt didnt see you?!!!!

so the question to put to his insurers there is if he didnt see me how did he know i was supposedly speeding? and if he seen me traveling behind him then he would of clearly known i was there and the accident was avoidable as he would of know i was there waited for me to pass and see his way was clear.

its his fault he hit you not yours. we're all taught when making menouvers, mirror signal manouver if your way is clear, check blind spots, and that the way is clear, execute a manouver in a safe manner and choose a safe place to make your manouver.

if he used this drive to make his manouver and the car was completely off the road he had left the carrage way it becomes his responseability to enter the carrage way in a safe manner and he didnt so no not you fault.
the damage to your car demostrates that you did not drive into him as you have no front end damage only side damage. take photos of the car and post to your insurance co. has an asessor been out to look at the damage yet? take photos of the place of the accident the drive he turned into and from the drive onto the road, both up and down the road and the point of where he hit you. keep denying liability their insurers may keep up pressure for you to fold in and accept your at fault and your insurance co may want a speedy resolve in the matter what ever you do dont give in.
keep repeating what happend to them because if he lies to his insurance co and trips himself up like he already has you have a good chance.

ukjoel

I was under the impression it was against the law to reverse from a minor road onto a major road. I always thought this meant it was also against the law to reverse out of a driveway onto a road.

I could be completely wrong on this one but if your driving along a road and he reverses out a driveway and hits you then its his fault. Agree with previou posters its his fault but he is trying to wriggle.

cyclonebri1

ukjoel wrote: »

I was under the impression it was against the law to reverse from a minor road onto a major road. I always thought this meant it was also against the law to reverse out of a driveway onto a road.

I could be completely wrong on this one but if your driving along a road and he reverses out a driveway and hits you then its his fault. Agree with previou posters its his fault but he is trying to wriggle.

It's not against the law, but it's not advisable;)

To the op, if what you say is correct, yes it would have been his fault, but still needs proving, and I guarantee he will say you clipped him as he turned off the road, be it into a drive or a junction, it's irrelevant.

Why would you need a better excuse? because I don't think you could even stage an accident as you have described it, always 2 sides to these issues and his will vary from yours

gsmmad

Its 100% fault of the driver pulling out of the drive way, he should of made sure there were no cars going either way and has to make sure that he will not slow down anyone in anyway while he is doing this maneuver. Also speed would not be negligence in a situation like this.

Dont worry it may take time but you will win this case.

cyclonebri1

gsmmad wrote: »

Its 100% fault of the driver pulling out of the drive way, he should of made sure there were no cars going either way and has to make sure that he will not slow down anyone in anyway while he is doing this maneuver. Also speed would not be negligence in a situation like this.

Dont worry it may take time but you will win this case.

If you are telling the truth:eek: :A :A