Collision on my driveway

toffifee

Sorry, this is quite long!

Last week I had a collision with my neighbour. I live at the end of a shared drive in the left hand corner, he lives next to me on the left hand side of the shared drive closer to the road (a quiet cul-de-sac). When I got into the car, there was no-one else to be seen. When I switched the engine on and glanced in the mirror, there was no-one to be seen behind me or on the bit of road that I can see. It’s quite a long shared bit of drive so no-one will be surprising me from the road. When I put the car into reverse for the first few feet I need to look to my right as I swing around a bit to make sure I avoid the fence marking my boundary with a different neighbour and after that manoeuvre (3 or 4 feet) I can look behind me and straighten up. I am still on my bit of the driveway after the first 3-4 feet. The collision happened as I did my first bit of reversing. My neighbour had reversed from his drive onto my driveway to turn around. My passenger side rear bumper corner hit the passenger side of his rear bumper. I need a new bumper. I am convinced that the collision happened on my driveway. He says he doesn’t know or care where the boundary of my property is – he was there before I reversed (not sure I agree with that but I was looking to right, not behind me) and it’s my fault (along with some assorted insults and inflammatory language). I feel I should be able to reverse within my own driveway without needing to check that my neighbour hasn’t also reversed onto my driveway. (I’ve never seen him reverse on to my driveway before, but then I’m not looking for it)

I’ve got a quote for a new bumper, it’s £450. My excess is £350. I have protected no-claims. There were just a few scuffs to my neighbour’s bumper and these aren’t visible any more when you drive past his car so I suspect they mostly just wiped away and may have been polished off.

I’m inclined to just pay for the repair, but I’m worried he’ll sue me for whiplash or something in a month’s time. (That would be ridiculous but he's not a reasonable person.)

My questions are:
- If I were to make an insurance claim, would there be any chance it falling in my favour, or would it more likely go 50:50 since we were both reversing? I know I was still on my driveway but that would be hard to prove (except that given the location of the shared bit it’s hard to imagine how we could manage to hit passenger side to passenger side unless we were on my drive – it just doesn’t make sense).
- If I don’t make an insurance claim, do I have to notify my insurer and if I do will my premiums go up?

Thanks for reading! Any advice will be gratefully received.

pauletruth

was he moving when you hit him.

toffifee

He says he was stationary. I didn't see him so I honestly don't know, but it was so quick I think he must have been still reversing.

rs65

Where it happened is largely irrelevant. Most likely 50/50.

System

If it's a shared driveway then you will each have a right of way over the whole drive. So the question about whose bit of drive you were on is irelevant. It wouldn't make any difference if you owned the whole drive, or none of it, if you both had a right of way to use it.
On rural roads the frontager usually owns the freehold of the road up to the centre line. That doesn't give me the right to reverse into the road regardless of traffic on it, because that traffic is exercising its right of way to use the road.

If someone has a right of way over a highway, or path, you have an obligation to check before crossing or entering it.

Of course there appear to be different interpretations of the exact events here, as to who was moving, who exercising care, etc. But "ownership" does not come into it.

lisyloo

1) Most likely 50/50 not because of any fairness but because it's easier for the insureres and to be fair would you expect then to do expensive detailed forensics over a small bump? It's not going to happen, they just settle.
2) Yes you have to declare it, Yes your insurance will probably go up. If you are a mature driver with a clean record the hit may be minimal so get too het up. You could do some checks to see, but only for interest, you don't really have a choice. If you don't declare it you face much more serious consequences if found out later on and that's a risk especially if you think your neighbour may claim.

If he's not a reasonable person I'd simply advise to go thru the insurance. You have to declare it whether you claim or not and whiplash CAN occur at very slow speeds so people can make claims.

You can do some "pretend" quotes to see the difference between the accident and no accident, however that's a fait accompli so it's for interest only.
My advice is don't use your real email or phone number (to avoid spam) or even name (for credit checks) but do use real address for accuracy.

toffifee

Thank you for all the replies. I'll contact the insurers later today, probably to make a claim.