Who is at fault in this accident?

Snowy_Owl1

My partner was in a minor accident the other day, he was parking his car alongside the curb in a residential road and was reversing to straighten up. He was on the right hand side of the road and another car came along from the left hand side and without signalling, swung in behind him and hit his bumper. The damage to their car was worse than his, he isn't worried about claiming for it but it appears they want him to accept some liability and pay towards their repairs.

He believes he had stopped reversing and was motionless at the time of the accident but another witness thinks he was still reversing. Also, the woman who swung in behind him didn't signal when she did this.

Who is likely to be at fault here?

tberry6686

Where is the damage on the other persons car ? If it is on the bumper then it would suggest that your partner was still reversing when they hit.

I would suspect that insurance will go 50-50 on this as (by your description and the witness statement) both sound at fault.

Quentin

If there is an independent witness saying they saw your partner reverse into the car then it looks like it will end up him being held at least partially liable.


(Unless the other driver is found 100% to blame, your partner being held in any way liable does mean he has a fault claim, meaning loss of NCD if unprotected as well as an inevitable premium loading)

Nessun_Dorma

But then, what kind of idiot drives towards another car whilst it is reversing?

Snowy_Owl1

Here is some more information: Neither party requested the others' details or took a record of number plates, the other driver said they were sorry and it was their fault, the accident has not been reported to the police. As my partner was already performing the maneouver as the other driver approached but she still swung in behind him, cutting across his line of motion, does that count as 100% her liability regardless of him still being in motion or not? I think there is a good chance there will be a 50/50 split, in which case would it benefit my partner to settle this by paying for half of the damage without informing the insurers? If she changed her mind after a verbal agreement to do so could this be seen as an admission of liability on his part?

Car_54

Snowy_Owl1 wrote: »

Here is some more information: Neither party requested the others' details or took a record of number plates, the other driver said they were sorry and it was their fault, the accident has not been reported to the police.

Whether anyone requested it or not, both parties have an obligation in law to give their names and addresses (and those of the vehicle's owner) to "any person having reasonable grounds for so requiring". Anyone involved in an accident who doesn't ask for these details really shouldn't be allowed out without their mother.

Marktheshark

Nessun_Dorma wrote: »

But then, what kind of idiot drives towards another car whilst it is reversing?

Same people that walk behind revising cars and look angrily at the driver when they know if they walk in front of a car driving forwards it will knock you down.
It is a traditional British village idiot pastime.

Nessun_Dorma

Marktheshark wrote: »

Same people that walk behind revising cars and look angrily at the driver when they know if they walk in front of a car driving forwards it will knock you down.
It is a traditional British village idiot pastime.

Or, it could be related to:

Also, the woman who swung in behind him didn't signal when she did this.

Snowy_Owl1

Thanks for the replies. What would you say is the best course of action for us? Should we agree to pay for a proportion of the repairs? Or go through the insurance and hope we won't be found at fault?

Quentin

Snowy_Owl1 wrote: »

.... What would you say is the best course of action for us? Should we agree to pay for a proportion of the repairs? Or go through the insurance and hope we won't be found at fault?

Snowy_Owl1 wrote: »

Neither party requested the others' details or took a record of number plates....

From what you now say (that neither side took any details of the other side) then if you claim off your own policy blame will be irrelevant as it will be a fault claim against you (as your insurer will not have anyone else to pursue for liability)


So you either pay for all your repairs yourself or if you have comprehensive cover make a claim in the knowledge you will have to pay your excess/lose some NCD (unless protected)/have a premium loading.


So find out the cheapest option and make your decision based on that.

arcon5

tberry6686 wrote: »

Where is the damage on the other persons car ? If it is on the bumper then it would suggest that your partner was still reversing when they hit.

I would suspect that insurance will go 50-50 on this as (by your description and the witness statement) both sound at fault.

how do you figure that one?