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Reversing driver always at fault?

Hope this is the place to ask. Two weeks ago I witnessed a small bump between cars with my neighbours and I'm just asking for clarification on here.

Neighbour A was reversing off their drive which is the first drive as you come into the street. When neighbour B - who lives on opposite side of road next drive along - drove into the street on the wrong side of the road to swing into their drive. Reversing neighbour hit the car.

Insurance company say reversing driver ALWAYS to blame as they should be constantly looking for pedestrians and other obstructions. So although neighbour B could see A's reverse lights and drove on the wrong side of the road it is neighbour A who has to pay increased insurance costs etc.

I personally thought B was just as much to blame as A - but apparently this happens everyday in the likes of car parks etc and the fault always lies with the reversing driver. Is this an absolute? Although I doubt anyone would deliberately drive behind a reversing car it does seem unfair that the decision is made without any consideration of the actions of the driver who is hit.
So you're Red John? I have to say I'm a little disappointed.
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Comments

  • tberry6686
    tberry6686 Posts: 1,135 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 18 May 2014 at 7:06AM
    The reversing driver, in this case, is at fault as he is reversing onto the road while traffic already on the road has right of way. The driver coming off his driveway must allow any traffic on the road to pass/complete their movements before they can join the road.
  • Inch_High_2
    Inch_High_2 Posts: 223 Forumite
    Neighbour A should be reversing onto their drive not off into the road.
  • Thanks - when reversing driver started to reverse the road was clear the other driver then drove in to the street on wrong side of road. I just had not realised that a reversing driver was always to blame. Yes I think all of our neighbours may start reversing on to their drives now :o
    So you're Red John? I have to say I'm a little disappointed.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Yes I think all of our neighbours may start reversing on to their drives now :o
    Highway Code, rule 201...
  • Inch_High_2
    Inch_High_2 Posts: 223 Forumite
    So are you saying numpty B drove into a car that was already across the road?
  • Inch_High_2
    Inch_High_2 Posts: 223 Forumite
    AdrianC wrote: »
    Highway Code, rule 201...

    Not a must so it's not law.
  • dacouch
    dacouch Posts: 21,637 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Where was the damage on each car?
  • roonaldo
    roonaldo Posts: 3,420 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    1. Neighbour A should not be reversing onto the road.
    2. Neighbour B has right of way.

    Clear as day that neighbour A is at fault.
  • No the car was not already on the road or across the road. A started reversing out of the drive - the road was clear. A lives in the end house so near the junction to the street entrance - B turned into the street driving on the right hand side of the road meaning their car was directly behind the reversing car which then hit it.

    Had B driven on the left hand side of the road A would not have hit them. B said that they were on that side of the road to swing into their drive and did not notice that A was reversing.

    I imagine the Highway Code must have rules about driving on the wrong side of the road - I think they were both at fault but the insurance does not consider this.
    So you're Red John? I have to say I'm a little disappointed.
  • Dacouche reversing car has no damage apart from a slight scratch on the rear driver side bumper. Damaged car has dint in drivers side front not far past the headlight - not sure what part of the car that is called.
    So you're Red John? I have to say I'm a little disappointed.
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