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whos at fault........updated with pic

F_Bear
F_Bear Posts: 345 Forumite
Tenth Anniversary 100 Posts Name Dropper Combo Breaker
edited 16 November 2014 at 7:56PM in Motoring
my mother was invovled in an accident today with 2 other cars. thankfully everyone was ok. trying to work whos at fault......

mother was parrell parked between 2 cars with a T junction directly behind her. as she indicated and pulled out a car came round the corner and hit her front wing.......pushing her car into the stationary car parked infront of her.

i havnt used any emotive laungage like 'mother pulled out slowly' and 'the driver came round quickly' as want peoples judgements. i believe the driver taking the corner was at fault but then im biased ;-)

the street was a quiet 60's residential terraced type.

cheers
«13456

Comments

  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Most likely to be your mother's fault or possibly 50/50 either way she is likely to lose her no claims bonus.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    dacouch wrote: »
    Most likely to be your mother's fault or possibly 50/50 either way she is likely to lose her no claims bonus.

    Perhaps the OP's Mum will claim from the driver and the owner of the parked car claim from the Mum's insurance, either way it looks like some kind of shared liability.
    I fear though the OP's Mum may have to take the full liability, as she is pulling out, and the angle may not offer visibilty of the indicators (which are an indication not a right of way suggestion).
  • Sooler
    Sooler Posts: 3,114 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    F_Bear wrote: »
    mother was parrell parked between 2 cars with a T junction directly behind her

    Parked too close to the junction
    https://www.gov.uk/waiting-and-parking/parking-239-to-247
  • DUTR wrote: »
    Perhaps the OP's Mum will claim from the driver and the owner of the parked car claim from the Mum's insurance, either way it looks like some kind of shared liability.
    I fear though the OP's Mum may have to take the full liability, as she is pulling out, and the angle may not offer visibilty of the indicators (which are an indication not a right of way suggestion).

    If the OP's mum makes a successful claim off the other driver, where is her liability to pay for the stationary vehicle? I would say she is liable unless she can prove she was clearly out of the parking space before the arrival of the third party.
  • Sooler wrote: »

    There is not any evidence she was and even if she had been that would not remove any liability from the third party.
  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    Only pull out when the road is clear.
  • sh0597
    sh0597 Posts: 578 Forumite
    It's the mothers fault 100%.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Agree with 100% mother.

    Even if he was going far too fast around a bend, imo making him somewhat liable, proving such is near impossible.

    She'll be footing the bill for both vehicles involved. Well, her insurer will.
  • Have to agree, the vehicle pulling out is at fault. How far behind her was this t junction ?
  • Sooler wrote: »
    There is not any evidence she was and even if she had been that would not remove any liability from the third party.
    The OP admitted in the first post that his (or her) mum was parallel parked with the junction directly behind her.

    Rules 242 (and 243 depending on the OP's interpretation of "directly behind") would more than likely be applicable in this instance.
    Understeer is when you hit a wall with the front of your car
    Oversteer is when you hit a wall with the back of your car
    Horsepower is how fast your car hits the wall
    Torque is how far your car sends the wall across the field once you've hit it
This discussion has been closed.
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