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

ozzy1211

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

Sure thing, please find a link for the "diagram" and a picture of my car following the accident.

(1) ibb.co/QNML1xf

(2) ibb.co/5RJZNVV

TP is claiming my car was parked as is seen in photo (2) and that there was cars parked all along the right hand side of the road before my car. She also claimed that it was dark.

DUTR

ozzy1211 wrote: »

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

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

Rule 243. DO NOT stop or park: ... opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space. near the brow of a hill or hump bridge.

Looking at the street view, the car would have parked is within 10 metres of the corner, as are the vans on the opposite side of the carriageway.

System

Car_54 wrote: »

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

You might want to. Mechanic at transport company I drove at owned one. After doing some work on my truck he had parked it near the front corner. Trying to manouvre out of the non-existent space I didn't realise I had hit it and it ended up on two wheels. After slowly pulling forward we examined the damage. The car was absolutely fine, not even a scratch but it had damaged some of the bodywork on the truck and bear in mind this was years ago when trucks had proper metal bumpers.

ozzy1211

Rule 243. DO NOT stop or park: ... opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space. near the brow of a hill or hump bridge.

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.

- Quote from a respondent on this thread.

It seems to be an advisory rule but is something I will keep in mind going forward.

neilmcl

https://ibb.co/QNML1xf

https://ibb.co/5RJZNVV

System

Whilst not ideal, nothing really wrong where you parked your car and even as a driver of a 44 tonne 54ft long lorry you'd not have caused me any issues getting out of the side road.

I agree with others that the TP was probably drunk. I own a MK3 MX5 as well and they crumple like a coke can so the TP must have been well out of it to continue to drive after the initial impact because it would have been in a bit of a state itself.

maxmycardagain

3rd party has admitted hitting a parked car

game over

DUTR

maxmycardagain wrote: »

3rd party has admitted hitting a parked car

game over

I'm not the police or the underwriter, from my seat I don't see it as game over, it depends on the 3rd party underwriters, they may wish to split or reduce the liability unless legal proceedings are beyond the economics of a settlement.

ozzy1211

neilmcl wrote: »

Why is your car facing towards the accident?

TBH, I can't see an MX5 being able to move your car that distance without itself becoming undriveable. Are you sure your car was not moved by somebody else, the police perhaps?

The car was parked in line with the flow of traffic (not against which is not allowed) so when it was hit head on by the TP it was pushed back onto the priority chicane.

My brother went to put some items into the car at 01:30am and the car was in the same place I parked it and was untouched. The police didn't mention anything about moving it when I reported the crash.

The driver herself admitted that her windscreen was smashed and judging by the large amount of debris her car would have been neigh on unfit for the road.

Johno100

So she crossed onto the wrong side of the road as well to hit your vehicle head on?