Someone crashed into my parked car and is now claiming it was illegally parked, please help

Car_54

DUTR wrote: »

Hmm, perhaps I read the recentish news article incorrectly, RR vs people carrier, RR's wife owns the roads :eek:

Good point. I shall give Reliant Robins a wide berth in future.

ozzy1211

The car no, the posters that post about them seem to have their posting privalges removed some short time after, perhaps just pure coincidence.

Oh dear. Well I assure you that I am not here to cause any trouble and am just after some advice.

DUTR

ozzy1211 wrote: »

That's my intention as I legally parked my car and she crashed into it and claimed I parked it 15 yards up the road blocking a priority chicane where only single file traffic can pass through.

From the highway code

What is the legal distance to park from a corner?
Parking near an intersection. While the rules can vary slightly, the general rule is that you can't park within 20 metres of an intersection with a traffic light, and within 10 metres of an intersection without lights.

ozzy1211

From the highway code

What is the legal distance to park from a corner?
Parking near an intersection. While the rules can vary slightly, the general rule is that you can't park within 20 metres of an intersection with a traffic light, and within 10 metres of an intersection without lights.

I was basing my assertion on the double yellow lines which are located after the intersection and I parked beyond them.

ozzy1211

It is not illegal.
However the list in rule 243 MAY be construed as offences under RTA Sect 22 (rule 242). However each case is decided on its merits as to whether it is dangerous or an obstruction.

Note that rule 243 is DO NOT which is advice only.

Found this on an earlier thread regarding the highway code section you mentioned.

My car was not a danger nor was it obstructing anyone.

Car_54

DUTR wrote: »

From the highway code

What is the legal distance to park from a corner?
Parking near an intersection. While the rules can vary slightly, the general rule is that you can't park within 20 metres of an intersection with a traffic light, and within 10 metres of an intersection without lights.

That is NOT from the Highway Code. Rather, it appears to be taken from an Australian web site, which is not really helpful in the OP's situation.


What the HC actually says is "DO NOT stop or park ...opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space", but that is not a legal requirement.



The OP does not appear to have been parked illegally, and even if she had been it is of no relevance.

unholyangel

Car_54 wrote: »

It's hard to see how anyone who hits a stationary object can be less than 100% to blame.


Even if a car is blocking the road, that is no excuse.


If I were the Op I'd also report the TP to the police for refusing to give her address.

A previously unknown medical condition/sudden heart attack or stroke. You're only liable if you're negligent.

The court of appeal has already ruled that drivers can indeed have liability if their parking is negligent. But the lions share will rest with the driver of the moving vehicle in most circumstances.

ozzy1211 wrote: »

Found this on an earlier thread regarding the highway code section you mentioned.

I wouldn't go taking that attitude. When deciding whether a driver is negligent, a court will assess them against the standard of a reasonably prudent driver. And their definition of a reasonably prudent driver is one who drives in accordance with the highway code.

I sympathise with your situation. I too thought that it sounded as if either she was drunk at the time of the accident or perhaps someone had the car who wasn't insured.

I've had a few friends in similar circumstances before and in my experience, insurers take the other party at face value even when its glaringly obvious they're lying. However if you provide them with a good solid case, they're more likely to fight it. This has usually involved pictures, measurements and calculations and pretty much a step by step explanation of why its inconsistent with the other sides version of events.

debtdebt

OP don't worry about it. Your car was parked and the third party collided with it when it was stationary. The fault is all theirs.

In another comparison, just imagine a car was one the road which is uninsured and shouldn't have been on the road. If someone negligently collided tight that vehicle, they would still be liable 100% despite the car being uninsured.

ozzy1211

I've had a few friends in similar circumstances before and in my experience, insurers take the other party at face value even when its glaringly obvious they're lying. However if you provide them with a good solid case, they're more likely to fight it. This has usually involved pictures, measurements and calculations and pretty much a step by step explanation of why its inconsistent with the other sides version of events.

Thats what I am hoping to do. I have pictures following the accident which show a trial of debris from where I I parked my car leading all the way up to the point where the car was found (and the TP claims I parked) indicative of my car being struck and pushed up the road.

If only I could post a picture it would really help contextualise the situation. The TP is claiming I parked on right green verge of the priority chicane, which is just crazy as to have parked on there I would have needed to reverse my car and knock two pillars down.

neilmcl

ozzy1211 wrote: »

Thats what I am hoping to do. I have pictures following the accident which show a trial of debris from where I I parked my car leading all the way up to the point where the car was found (and the TP claims I parked) indicative of my car being struck and pushed up the road.

If only I could post a picture it would really help contextualise the situation. The TP is claiming I parked on right green verge of the priority chicane, which is just crazy as to have parked on there I would have needed to reverse my car and knock two pillars down.

Just post the link without the http and we'll do the rest.