Van insurance

mthball

Today while visiting a friend i had an accident in my van, i drove to my friends house while driving i indicated to the right with intention of reversing into a parking bay, i indicated stopped looked in mirrors then into reverse, a van had driven right up behind me maybe 5-6 feet away i reversed very briefly as i hit other van man behind me, he automatically went into blame mode blaming me but im not sure, how do i stand as far as liability is concerned do i have any right of way or legal favour in this situation, i havent had an accident in 24 years of driving, am i automatically liable because i reversed or did the van man have some duty of care to keep a fair and safe distance from when my brake lights went on,, please help expecting my already expensive van insurance to jump up considerably.

longtimelurkersam

I think you will be responsible as you were reversing and it is your responsibility to get out and check etc and to continue checking whilst performing the manouevre.

I had something similar happen outside an auction house and a dodgy taxi pulled up right behind me so close I could not see it in my wing mirrors.

I reversed and sensed something was wrong so stopped (large van so wouldn't have felt a minor bump). This rather aggressive fella from an foreign country came screaming at me that I had damaged his taxi demanding all my details. I checked and there was no evidence whatsoever I had actually hit it. I took lots of pictures, gave him my phone number, he called a couple of times whilst I was driving but was unable to give him insurance details and then he never bothered calling again at a time when I asked him to. It would have been my fault for sure, but I suspect he was trying it on.

Do you think that the other driver is trying it on?

raskazz

On the facts that you have presented it looks nailed on your fault I'm afraid. You should be looking where you are reversing towards both before and whilst you do it.

Buzby

That said, you might be able to defray some of the blame. If the other driver snuck up behind you and was not visible, then he should not have been so close, and could have given you a warning, but did not.

I'd go for 50/50 if the insurer takes this view.

mthball

I DID check my mirrors all the while when reversing but he had driven so close to me he could not be seen in side mirrors bearing in mind there is no windscreen mirror in the van because of bulkhead so please dont lecture me about safe driving when post relates to liability considering you dont seem to know the answer to my original question, its a bit like being kicked when your down. To longtimelurkersam thankyou for the honest opinion on liability and possibility of a scam being pulled. The driver of the other van was very reluctant to have the police be present which raised some suspicion.

mthball

Buzby wrote: »

That said, you might be able to defray some of the blame. If the other driver snuck up behind you and was not visible, then he should not have been so close, and could have given you a warning, but did not.

I'd go for 50/50 if the insurer takes this view.

Thanks Buzby sounds about right that he should have maintained a good clear distance when he saw my brake lights go on, he was no where to be seen through mirrors so could have only been right up tight behind me or was accelerating at high speed bearing in mind it was blowing a storm here today, the other guy said he hit his horn which he did no as i had window slightly open and had a passenger with me who also did not hear sound of horn, i fear the other guy will claim for everything in the book which i hope doesnt put my premium up too much for a single man small business with a 12 year old van. :think:

Quentin

Your passenger won't be any great help as a witness.

If there were no injuries, there was no need for the police.

Whatever the outcome (100% your fault or (unlikely) split liability) will put your premium up (and cost you NCD if you have any to lose that is not protected).

The third party is entitled to claim for everything he is entitled to (repairs/replacement vehicle/any loss of earnings etc).

Do some virtual quotes online to see what difference having a fault claim on your history makes to the premium.

longtimelurkersam

BTW, bit horse bolted etc, but install yourself a simple screen and reverse camera and use it. No need for an expensive job and you could probably install without any drilling of holes in the rear doors.

After my incident I put on on my huge hicube Transit and it saved me a couple of times. Now whenever I get a new van I just transfer the set up over.

forgotmyname

It will be your fault, Lad at work did a similar thing in a lorry. Overshot the road he wanted. Confident nothing was behind reversed and bang.

A car was right behind him only a few feet. They guy even admitted he was so close he was invisible in the lorry mirrors.

Still the lorry's fault thought, Should check before reversing.

longtimelurkersam

mthball wrote: »

. The driver of the other van was very reluctant to have the police be present which raised some suspicion.

This sort of behaviour would personally concern me. What has he said about insurers so far? Was it a business vehicle, ie signwritten or just a man in avan? Presumably you have his registration number so could check the MIB to see if he is actually insured.

In my opinion it is your fault so whether he is insured shouldn't really come down to it, but then you have a moral dilemma to contend with.....should he get away with not paying for insurance whilst we all do?

jamhun

Unless you have a witness who saw everthing that happened and could state that he pulled up behind you whilst you were reversing, then I am afraid you will be held liable for the incident.

Liability always rest on the reversing party, unless a witness can prove otherwise.

James