Someone reversed into me - Qhere do I stand?

Tao81

Earlier this evening I nipped out to the local library where there is no longer a designated car park but just a few kerbside parking spaces which are constantly being vacated and filling up due to high demand.

Well I drove down the road in question and the three spaces on the left hand side of this road where all occupied but as I drove past I noticed one car in the last space (which was parked facing the wrong way) with a driver insitu and looking like they were going to move away, therefore I indicated and pulled in behind this space with my engine running (temporarily on double yellows and in front of a residential drive) waiting for the driver to pull away, leaving them plenty of room to reverse normally if needed, with the intention of immediately reversing into the empty space, once she'd moved away .
To my horror the driver quickly started the car up and suddenly slammed into the back of me! :eek:

It was quite obvious, from the conversation I had with the driver after she'd rammed me and got out of her car, that she hadn't bothered to check her rear view mirror and was reversing so rapidly because she was attempting to reverse into the residential drive I was sat in front of, to turn her car around and drive off in the opposite direction to that which she was parked.

She reckons I haven't got a leg to stand on because I was poised to occupy the space on double yellows. I did point out that all motorists have a duty to check in their rear view mirror before manoeuvring regardless of the circumstances and that, had I not been there and the resident had driven out of their drive she would have delivered an equally damaging clout to their vehicle with such a reckless manouevre!

She said she wasn't bothered about her car, but nontheless mentioned that her number plate was slightly dented, although witnesses couldn't visibly see any damage to her car and sadly could to mine.

Does anyone know how I stand if she gets home tells the husband and in retrospect they decide to make a claim?!!
I am worried because I am normally such a careful driver and have never had anything like this happen in the 28 yrs I have been driving. Although I am sure, like millions of other drivers, I have been guilty of taking this type of driving decision in the past without coming to any harm - so perhaps I should just count myself lucky in that regard, I'm not sure?!!
I've definitely have learnt a short, sharp lesson tonight which is, when pulling into to wait for a space to immediately become empty, only pull over when the car is facing the right way and therefore there is no danger of being rammed up the rear, unless of course the driver is blind, in which case I would have every leg to stand on!!

Plus, can I ask, do I have an obligation to report this to my insurance company as I haven't done so yet (accident happened at 6.30ish).

Thanks for your advise - What a night.....Very Long Sigh!!
.......AND to top it all, missed the library which had closed by the time details had been exchanged and differences of opionion aired!!!!! So don't have the book I went to collect, just drove down and came back with damaged car!! Gotta be the most wasted journey I've ever made:mad:

HO, HUM!!! :rolleyes: Look forward to hearing your opinions but please be gentle with me as I don't need any more damage tonight, Ta me lovelies

mattymoo

Spot on with your view as to where blame lies. She hasn't got a leg to stand on.
The presence of double yellows is immaterial.

2 ways you can proceed,
1 - claim off your own insurance (if fully comp) and then claim back excess from other drivers insurance. Even better if you have legal expenses cover to help you with this.
2 - claim off her insurance company. Did she provide details? If so, contact them, explain why you are holding her responsible and what they intend to do about it.

If she explains the accident truthfully to her insurers, they will point out that she is at fault. Problems may arise if she drags her feet reporting the accident or lies about the circumstances. Sounds like you've got some witnesses though which will help if she proves awkward.

piggeh

aye, you should report it to your insurance company. it wont affect your no claims unless there's a claim against you and its deemed to be your fault. I believe its a legal obligation to disclose any incidents.

Tao81

mattymoo wrote: »

Spot on with your view as to where blame lies. She hasn't got a leg to stand on.
The presence of double yellows is immaterial.

2 ways you can proceed,
1 - claim off your own insurance (if fully comp) and then claim back excess from other drivers insurance. Even better if you have legal expenses cover to help you with this.
2 - claim off her insurance company. Did she provide details? If so, contact them, explain why you are holding her responsible and what they intend to do about it.

If she explains the accident truthfully to her insurers, they will point out that she is at fault. Problems may arise if she drags her feet reporting the accident or lies about the circumstances. Sounds like you've got some witnesses though which will help if she proves awkward.

Thanks for your reply.
The driver gave me her name, address, telephone number, registration Number, but didn't provide insurers details - so only way to get this is to contact her and don't doubt she will be billigerent and possibly refuse to supply insurers details. Would I be better contacting my insurers reporting the accident and requesting that they deal with the task of eliciting insurance details from her?

malamute

In addition to all above i would also say she is guilty of driving without due care and attention. The good news is that it was a solid object she hit just think if it had been a child or adult pedestrian. You may want to consider reporting it to the police but they will probably want nothing to do with it.


Just saw your latest post any problems with her and failing to give details i would not hesitate and speak to the police they would soon get all the details.

mum2one

Contact your insurers explain the situation, was there anywitnessses to theincident that gave you there names and addresses.

The insurers can trace her insurancefrom the details pf the registration plate

juno

Where do you stand?

Definitely not behind them, and probably as far away as possible

Tao81

mum2one wrote: »

Contact your insurers explain the situation, was there anywitnessses to theincident that gave you there names and addresses.

The insurers can trace her insurancefrom the details pf the registration plate

There were witnesses, but only one female witness, that the driver lept on and started creaming up to because she was so convinced that I was in the wrong for waiting on double yellows, gave her name and contact number to the driver who hit me, before I left the scene I requested the name and number of this woman from her and therefore have these details also.

hartcjhart

If you can supply witnesses that will say you were staionery no probs yellow lines come into play for parking and waiting(unload etc)If you are waiting for another vehicle to complete a manouver it is no prob
what you have put
with the driver after she'd rammed me and got out of her car, that she hadn't bothered to check her rear view mirror and was reversing so rapidly because she was attempting to reverse into the residential

she was moving and not you.

I would inform your insurance company and state that you were not to blame and if needs be use the 'legal cover' to fight this,

Sadly most insurance companies will say OK we pay but ypou lose no claims,cobblkers.

many years ago (8) my wife was sat at a T junction waiting to pull out onto the main road,an !!!!!! came up behind and crashed into her,then said it was her fault,now we know what is what,BUT her insurance said oh dont worry we will pay and you will only lose 25% of no claims.told them to shove it ,in the end won all damage,courtesy car,whiplash,etc through the legal assist

Tao81

Have just read this thread http://forums.moneysavingexpert.com/showthread.html?t=462340&page=2
and am really worried that once I inform my insurers, even though it wasn't my fault and even if there are no claims made by either of us, my premium would go up by approx £80-£100 because I would be deemed as a higher statistical risk for making a claim in the future? :eek: :eek: :eek: :eek:

What to do? I'm really confused and worried!! Don't know if it is a good idea to inform them or not? Seems either way I am going to be shafted financially for an incident that wasn't my fault and potentially may never lead to any kind of claim?!!!

HOW LONG HAS A MOTORIST GOT TO INFORM INSURERS OF AN INCIDENT? - ONE POST WITHIN THE THREAD ABOVE SEEMED TO INDICATE THAT YOU HAVE 90 DAYS (this can't be right can it?)

spinks

I would suggest you tell your insurance company asap as if the other driver reports the incident to their insurance company then they will pursue you and then it will go against you.

I wouldn't worry too much about the other driver trying to pull a fast one. Both myself and my husband have been involved in similar instances within months of each other whereby the 3rd party tried to lay blame with us and in both cases we won.

Firstly my husband hit a cyclist when the cylcist rode straight onto the road into his path and there was no way my husband could have avoided him. This person was lying on the floor when my husband got out of the car to ask if he was alright and the first words he said were "it's your fault...ooohhhh my back". It was blatantly obvious he knew it was his fault yet he tried denying it. Because he was a cyclist and obviously had no requirement for insurance we were lumbered with paying the excess to have our car fixed and it affected our no claims...not only that but the cyclist decided this was his opportunity to go to one of these "no win no fee" solicitors to claim for his apparent injuries. :mad: :mad:

Luckily we had the legal cover which meant we had solicitors to fight this on our behalf who took this to court and even though this person denied all along it was his fault the court still went in our favour and he was ordered to pay all costs back to us and the insurer. This wasn't a quick process and it took some patience but eventually we got the excess back and our no claims reinstated. :j :j

Only a few months after this incident I was reversing out of a car space in Tesco. I checked all around to ensure it was clear but just as I had reversed back and had stopped to change gear to pull forward and away an old lady reversed out of her space straight into me.

She admitted there and then that she hadn't seen me and that she had infact just driven into the space and was just reversing out again to straighten up. She even admitted to me that only the week before she had reversed into something...she wasn't really sure what it was but it must have been a lamppost or tree but she didnt see it she just felt it. (This lady should not be on the roads!!)

I thought this would be a straight forward insurance claim as she had admitted fault but after reporting it to our insurance company I got a telephone call from them a few days later to take another statement over the phone as the lady had apparently decided to say that it was infact my fault. :mad:

I put them straight and told them that there was no way I would be admitting liability for the claim and the woman was downright lying so they would have to take me to court if they believed her.

I didnt hear from them again other than sorting out my repair and confirming that I wouldnt be required to pay an excess as it wasnt my fault. :j

The only other thing I would say is are you sure the other driver has insurance if no details were given to you. Another thing in your favour if this is the case. I would maybe contact the driver and tell them you require them, I may be wrong but I thought you were suspposed to give them after an accident.

I hope you get this sorted, these people make me sick!!