small accident

mybabyruby

last week my car run out of petrol, it was in a quite residential road so not much traffic, i turned the hazzards on and got out and called for petrol, a few cars passed round my car, but the car was hit damaging the front corner of my car/bumper,
as it happens i knew the person and we arranged for him to pay for repairs, far enough. he later decides no doesnt want to pay wants to go through insuance as its my fault for running out of petrol,
can someone advise me if im in the wrong here ?? yes silly me for running out of petrol, but surely a stationary car hit by a moving car is the moving cars fault

many thanks in advance

Sgt_Pepper_2

Let him go through the insurance, its his fault.

mybabyruby

thanks srg pepper

Quentin

mybabyruby wrote: »

as it happens i knew the person and we arranged for him to pay for repairs, far enough. he later decides no doesnt want to pay wants to go through insuance as its my fault for running out of petrol,
can someone advise me if im in the wrong here ?? yes silly me for running out of petrol, but surely a stationary car hit by a moving car is the moving cars fault

many thanks in advance

He is entitled to decide to let the insurers sort it out.

Ask him for his insurance details, and contact them direct and see if they have an "innocent third party dept". If so, see if they will deal with your claim for you.

However you decide to progress this, you need to inform your own insurers of the incident as soon as possible.

Strider590

Description doesn't make a lot of sense, initially i'd say it's his fault.... BUT depending on where you'd stopped, it could go either way.

I remember reading about an accident where someone had parked on the apex of a blind bend on a 60mph road, another car came around and ploughed into it (and I have a feeling that car ended up mounting the kerb or rammed the other car onto the kerb, killing a pedestrian), the owner of the parked car was charged and prosecuted.

scotsbob

mybabyruby wrote: »

it was in a quite residential road .............he later decides no doesnt want to pay wants to go through insuance as its my fault for running out of petrol

Surely it is quite normal for motorists to park in this quiet residential road.
Therefore he has hit a parked vehicle, his fault.

However, I am wondering why you would have put your hazard lights on as it is not normal to do so when parked beside the kerb in a quiet residential road.

maninthestreet

From your description of the accident, the other driver drove into the front corner of your car, and you had your hazard lights on.
Were you parked on a straight part of the road, and how far was near-side from the kerb?

interstellaflyer

scotsbob wrote: »

Surely it is quite normal for motorists to park in this quiet residential road.
Therefore he has hit a parked vehicle, his fault.

However, I am wondering why you would have put your hazard lights on as it is not normal to do so when parked beside the kerb in a quiet residential road.

Maybe on double yellows or somewhere you wern't supposed to stop or even residents only parking in which case puting hazzards on would sort of say I won't be long or indicate a problem with the car.

rev_henry

interstellaflyer wrote: »

Maybe on double yellows or somewhere you wern't supposed to stop or even residents only parking in which case puting hazzards on would sort of say I won't be long or indicate a problem with the car.

Ah yes the old hazards excusing parking wherever you want! It does irritate me when people use their hazard lights innappropriately. The other day in Oxford I saw a car parked in a loading bay (but actually looked more like a normal parking space) with hazards on and a note saying 'needed to go to the loo urgently'! Quite what hazard the lights were warning of I have no idea!

Anyway I digress, not saying this is what the OP was doing. I'd suggest going straight to the 3rd party insurer though first to see what they say and keep costs and hassle with your own policy to a minimum. Obviously you still need to declare it on your own policy though.

mybabyruby

Thanks to all who have commented if you read my orriginal post I had run out of petrol bst before a junction that's why the hazzards were on,

sarahg1969

Strider590 wrote: »

Description doesn't make a lot of sense, initially i'd say it's his fault.... BUT depending on where you'd stopped, it could go either way.

I remember reading about an accident where someone had parked on the apex of a blind bend on a 60mph road, another car came around and ploughed into it (and I have a feeling that car ended up mounting the kerb or rammed the other car onto the kerb, killing a pedestrian), the owner of the parked car was charged and prosecuted.

I recall that case. It was in Wigan, if I remember. The driver of the parked car was indeed found guilty of dangerous parking. However, it was held that the driver was not responsible for the ensuing collision. The driver of the vehicle involved in the collision was convicted of careless driving.

http://www.thisislondon.co.uk/news/teacher-guilty-of-death-by-dangerous-parking-after-baby-died-when-she-pulled-over-to-chat-to-friend-6662617.html