Bump in a car park

JoeyGrey

Hi, I'm sure this is covered already, but I've done a search and can't find an answer to my question.

About an hour ago I was at the local Lidl supermarket and reversed out of a space. As I put the car in first gear to move forward to leave the carpark a man who had been parked in the opposite lane started to reverse towards me. I didn't have time to get out of his way, so stopped the car and hit the horn. He was moving too fast to stop and hit me.

I parked back up and found there is damage above my wheel arch which is going to need some attention. There was scuffing on his bumper but no real damage.

He immediately started saying that it was 50/50 and that insurance companies see the words car park and immediately lose interest. I laughed as I felt he was just trying to cover himself when it was blatantly his fault.

We exchanged details, but I was unable to take photos as I hadn't got my phone with me (was only popping in for a loaf of bread - doh!!).

Now I'm home I'm starting to wonder if he is right and if I'm going to end up wishing I hadn't bothered claiming. I've tried to ring my insurers but their "24 hour helpline" has a message on saying they are closed till 9am tomorrow!! I've called Lidl and apparently they don't have CCTV on any of their car parks.

Any advice would be most appreciated, (unless it's that I should walk to the shop in future ).

missile

Bit of a bummer, but that is the joy of being a car owner.

Next time try to get a witness. Unfortunately without any evidence to support your version it will almost certainly end up knock for knock.

dacouch

missile wrote: »

Bit of a bummer, but that is the joy of being a car owner.

Next time try to get a witness. Unfortunately without any evidence to support your version it will almost certainly end up knock for knock.

"Knock for Knock" no longer exists, the OP is likely to find the claim will be settled 50/50 due to the circumstances of the claim and lack of witnesses.

harveybobbles

I got T boned by a Land Rover in a carpark once and it went 50/50 as they didnt class it as public highway.

sheslookinhot

dacouch wrote: »

"Knock for Knock" no longer exists, the OP is likely to find the claim will be settled 50/50 due to the circumstances of the claim and lack of witnesses.

one and the same.

dacouch

sheslookinhot wrote: »

one and the same.

They are completely different

DaveF327

You still need insurance to drive on a public car park even though it is not "the highway". It may be private land, but it is still an area to which the public have access, which is why many motoring laws were changed in the last ten or so years.

Stick to your guns and tell the insurance company exactly what you said on here, namely:

I put the car in first gear

so stopped the car and hit the horn

He was moving too fast to stop

Any reasonable company will crucify the other driver. If they even mention 50/50, remind them who was stationary and instruct them to take the matter to court. Threaten them with the ombudsman if they drag their heels.

Gloomendoom

As above. As long as you aren't in Scotland, if the public has unrestricted access to basically anywhere, it's not classed as private land as far as motor vehicles are concerned. It's a road.

Under section 143 of the Road Traffic Act 1988 ("the 1988 Act") it is an offence to use, or to cause or permit someone to use, a motor vehicle on a road unless its use is covered by an appropriate policy of insurance or security ("the insurance requirement"). "Road" is defined in section 192(1) of the 1988 Act, in relation to England and Wales, as any highway or other road to which the public has access and, in relation to Scotland, as any road or other way to which the public has access. In the case of Cutter v. Eagle Star Insurance Company Ltd, [1998] 4 All ER 417, it was held by the House of Lords that the expression did not include a car park or similar public place.

For the purpose of complying with the directives these Regulations amend the 1988 Act first by extending the insurance requirement to the use of vehicles in public places other than roads and, secondly, by making provision for the reporting of accidents and the production of insurance documents where an accident occurs in a public place.

cardinalbiggles

Last summer some old codger reversed straight out of a space at ASDA and straight into the side of me, insurance company were fine, entirely his fault and everything was sorted out quite quickly. If you were stationary and he went into you its his fault presumably.

Slickster

JoeyGrey - How did all this end up?

Cardinalbiggles - have your premiums suffered as a result of this 'not at fault' claim?

McKneff

I was in something like the same when a tractor scraped mine when i wasnt even in the car, informed my insurance company for 'info only'
but dealt with the claim my self with help. My premiums werent affected, Im with the Coop.