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Who is liable?

PlumC
PlumC Posts: 5 Forumite
This morning I was reversing off my drive like i have done every single day for the last 3/4 years and my car is park on the edge of my drive. Visible to my whole street. (very narrow street only big enough to fit one car down)
I look both ways before I go then reverse a little bit look both ways again while reversing a bit more then went to reverse all the way off my drive and a BMW come up behind me and I’ve gone into it.
So I know she was going too fast otherwise I would have seen her and there is no way she didn't see me as my car is visible even before i reverse.
She gets out of her car and instantly blames me and her back door is crushed inwards slightly because that’s where I have gone into her.
If she was going a normal speed i would have seen her! I am aware that claims are very black and white so who is liable?:mad:
«13456717

Comments

  • RS2000.
    RS2000. Posts: 696 Forumite
    You reversed into the side of her car, it'll be down to yo this one. You should really be reversing onto your drive and not onto the road.
  • PlumC
    PlumC Posts: 5 Forumite
    RS2000. wrote: »
    You reversed into the side of her car, it'll be down to yo this one. You should really be reversing onto your drive and not onto the road.

    its not a main road its a narrow street on a small estate?
  • RS2000.
    RS2000. Posts: 696 Forumite
    PlumC wrote: »
    its not a main road its a narrow street on a small estate?

    And your point is?
  • kensiko
    kensiko Posts: 292 Forumite
    Tenth Anniversary 100 Posts Combo Breaker Photogenic
    RS2000. wrote: »
    You reversed into the side of her car, it'll be down to yo this one. You should really be reversing onto your drive and not onto the road.

    Sorry OP but I would agree with RS2000. It's up to you reversing out to make sure everything is clear even if, as you believe, the other car was going too fast. They have the right of way travelling on the road you are entering I would say.
  • ben_m_g
    ben_m_g Posts: 410 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    PlumC wrote: »
    its not a main road its a narrow street on a small estate?

    I think RS2000 is quoting from this, from the highway code.

    https://www.gov.uk/using-the-road-159-to-203/reversing-200-to-203

    "When using a driveway, reverse in and drive out if you can."
  • Browntoa
    Browntoa Posts: 49,612 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's your fault , I always reverse onto my drive for that reason
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    Long term forum member
  • Cornucopia
    Cornucopia Posts: 16,555 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 April 2015 at 9:52AM
    PlumC wrote: »
    ... I am aware that claims are very black and white...

    Blame is black, white and grey.

    Claims are just what is easiest and cheapest for the Insurers.

    As for the facts in this case, I would have thought that the OP was to blame, unless the other vehicle was driving excessively fast for the conditions, inconsistent with the visibility she had of the road conditions in front of her (due to corners, parked cars, etc.) Or she was on her phone.
  • Strider590
    Strider590 Posts: 11,874 Forumite
    Sorry, but the number of near misses i've had with people reversing out of driveways has definitely biased my opinion.

    There are two excuses for this:

    1) Lack of confidence in reversing
    2) Laziness

    When reversing off a driveway, just as in reversing out of a parking space, the drivers attention has to be split between front/rear of the vehicle, checking the front end isn't going to swing into anything and checking the rear is clear of obstacles.

    When reversing into a space or driveway you only really need be concerned with the rear end and when driving out, you just point the nose and go.
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

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  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    You reversed off your drive into the side of a car travelling along the road. Why would it NOT be your fault entirely?

    The "They must have been going too fast, because I'd have seen them otherwise" line always makes me laugh... Apart from the small detail that even 60mph is only 27 metres in a second - and you should be able to read their plate at 20m, let alone see the car from several times that, their speed is irrelevant, because they do not have to give priority to you - YOU have to give priority to THEM.
  • PlumC
    PlumC Posts: 5 Forumite
    Can I just point out I only came here for some advise not to be criticized for how I drive, I am new to MSE. I am very confident in reversing and I'm not lazy about it as I live in a street with many children running about so I am aware of my surroundings. Thank you all for your input but as i said, advise is lovely criticism is not.
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