Advice on vehicle accident

jackie_w

Hi,

Friend was driving his pick up into his workshop. To get to workshop he has to go through a kind of driveway (this is a shared driveway between him and the council offices next door). There is a sign which says "NO PARKING", so today when he was trying to get into the drivway, there was a car parked!!! He tried to find out who the car belonged to but no one owned up, so he tried to squeeze past the parked car, but, he has damaged the wing mirror and a bit of the drivers door. A lady from the council offices heard the collision, and came running out, it was her car!!! He told her she shouldnt have been parked there, but, she said she is allowed to park there, even though there is a sign which says no parking!!! He said he went into the council offices asking who the car belonged to, and he was told they didnt know!!!!
She was parked at an akward angle, and he has taken pictures of the where the car was parked (you can see the no parking notice in the picture), and he has also taken the measurements of his pick up, the total width of the driveway, and also the width of the space which was left after her car was parked.

She has called the police, and they have said that they have just to put it through the insurance.


I would have thought even though she shouldnt have been parked there, the insurance company would still pay out to fix her car because it was a parked car he hit! Does anyone else think this?


Jackie

raskazz

jackie_w wrote: »

Hi,

Friend was driving his pick up into his workshop. To get to workshop he has to go through a kind of driveway (this is a shared driveway between him and the council offices next door). There is a sign which says "NO PARKING", so today when he was trying to get into the drivway, there was a car parked!!! He tried to find out who the car belonged to but no one owned up, so he tried to squeeze past the parked car, but, he has damaged the wing mirror and a bit of the drivers door. A lady from the council offices heard the collision, and came running out, it was her car!!! He told her she shouldnt have been parked there, but, she said she is allowed to park there, even though there is a sign which says no parking!!! He said he went into the council offices asking who the car belonged to, and he was told they didnt know!!!!
She was parked at an akward angle, and he has taken pictures of the where the car was parked (you can see the no parking notice in the picture), and he has also taken the measurements of his pick up, the total width of the driveway, and also the width of the space which was left after her car was parked.

She has called the police, and they have said that they have just to put it through the insurance.


I would have thought even though she shouldnt have been parked there, the insurance company would still pay out to fix her car because it was a parked car he hit! Does anyone else think this?


Jackie

Sadly, the 'No Parking' sign isn't really relevant. If there wasn't room to get past the parked car, then the incident is cleary your friend's fault, and his insurer will be liable.

mattymoo

Fraid so - insurance is very likely to pay out.
Depending on the car though it might be worth seeing if he can source a wing mirror for her and use dents away for the door damage. Obviously one with heated mirror / motors etc is going to cost a lot more than a simple mirror.
Might be cheaper than losing his NCD.

Idiophreak

I might think about lodging an official complaint with the Council about her parking her car there, though...

Debt_Free_Chick

Agree that the fact she was parked there is irrelevant. It's up to him to avoid ANY other vehicle, stationary or otherwise; parked lawfully/legally or not.

In his own words "he tried to squeeze past". Not only does this imply that he thought there might not be enough room, it simply confirms that he took no action to avoid a collision with the parked vehicle.

Sorry ......

jackie_w

Hi,

Thanks for your replies, I thought he would have been classed at being at fault, I just wanted to check other peoples opinions.

Thank you

Jackie xx

foxyuk

jackie_w wrote: »

Hi,

Friend was driving his pick up into his workshop. To get to workshop he has to go through a kind of driveway (this is a shared driveway between him and the council offices next door). There is a sign which says "NO PARKING", so today when he was trying to get into the drivway, there was a car parked!!! He tried to find out who the car belonged to but no one owned up, so he tried to squeeze past the parked car, but, he has damaged the wing mirror and a bit of the drivers door. A lady from the council offices heard the collision, and came running out, it was her car!!! He told her she shouldnt have been parked there, but, she said she is allowed to park there, even though there is a sign which says no parking!!! He said he went into the council offices asking who the car belonged to, and he was told they didnt know!!!!
She was parked at an akward angle, and he has taken pictures of the where the car was parked (you can see the no parking notice in the picture), and he has also taken the measurements of his pick up, the total width of the driveway, and also the width of the space which was left after her car was parked.

She has called the police, and they have said that they have just to put it through the insurance.


I would have thought even though she shouldnt have been parked there, the insurance company would still pay out to fix her car because it was a parked car he hit! Does anyone else think this?


Jackie

The truck driver is at fault, even if there were triple yellow lines the driver knew that he could not get past therefore no attempt should have been made

Shambler

A few years ago a friend of mine hit a car which was parked on a double yellow line.

The parked car driver admitted liability and my friend claimed off of the parked car drivers insurance.

I guess if the other driver hadn't admitted liability then my friend would not have won the claim?