Reversed into when making a 3 point turn who is liable?

Kroyle91

Just after a bit of input really as I'm almost certain I'm not liable but wont know until insurance have decided.

So I was going to pick my child and his mate up from the park pulled into the road it's a 20mp road with broken white lines separating the lane. I pulled over onto the right hand side so they didnt need to cross the road to get into the car. So I am now facing the wrong direction.

As the children got into a car I saw a car pull up along side me facing the opposite direction on the left hand side. Our bonnets were probably level facing opposite directions. As I needed to go back in the opposite direction I made a 3 point turn. Before making this manoeuvre I checked everywhere was clear, the car that had pulled up on the other side remained where it was and so there was a big gap between that car and another one which was also stationary parked further down behind it. So I checked my mirrors and completed the first part of my 3 point turn at this point my headlights are level with the curb and the car that had pulled up was to my left and the other to my right. As I went to change into reverse I looked around and saw the car that was to my left reversing back. I sounded my horn as they obviously hadn't checked their mirrors or saw me directly behind them. This didnt stop the driver and they continue to drive straight into my car. As I was on a slight angle their back left (furthest away from the curb) hit the back end of my front passenger side door. I was stationary when this happened and so the damage to my car is limited to the passenger door and only closer to the rear end where the handle sits.

I'm almost certain she is liable as she has reversed clearly minus checking her mirrors however it is now with the insurers and after admitting liability at the scene she is now denying it.

Any advice would be greaty appreciated

Thanks in advance x

Aylesbury_Duck

Kroyle91 wrote: »

Just after a bit of input really as I'm almost certain I'm not liable but wont know until insurance have decided.

So I was going to pick my child and his mate up from the park pulled into the road it's a 20mp road with broken white lines separating the lane. I pulled over onto the right hand side so they didnt need to cross the road to get into the car. So I am now facing the wrong direction.

As the children got into a car I saw a car pull up along side me facing the opposite direction on the left hand side. Our bonnets were probably level facing opposite directions. As I needed to go back in the opposite direction I made a 3 point turn. Before making this manoeuvre I checked everywhere was clear, the car that had pulled up on the other side remained where it was and so there was a big gap between that car and another one which was also stationary parked further down behind it. So I checked my mirrors and completed the first part of my 3 point turn at this point my headlights are level with the curb and the car that had pulled up was to my left and the other to my right. As I went to change into reverse I looked around and saw the car that was to my left reversing back. I sounded my horn as they obviously hadn't checked their mirrors or saw me directly behind them. This didnt stop the driver and they continue to drive straight into my car. As I was on a slight angle their back left (furthest away from the curb) hit the back end of my front passenger side door. I was stationary when this happened and so the damage to my car is limited to the passenger door and only closer to the rear end where the handle sits.

I'm almost certain she is liable as she has reversed clearly minus checking her mirrors however it is now with the insurers and after admitting liability at the scene she is now denying it.

Any advice would be greaty appreciated

Thanks in advance x

It's your word against hers. In the absence of independent witnesses or dashcam footage you are going to be considered 50% to blame for it.

Kroyle91

Just wondering how you've come to that conclusion, so if theres no independent witnesses or dash cam footage its 50/50? Never been in this position before. So theres no damage to my car apart from the middle? Surely if I was 50% to blame my car would need to drive sideways?

oldernonethewiser

If there are no witness, standard practice for years, knock for knock as it was known.


https://en.wikipedia.org/wiki/Knock-for-knock_agreement

Aylesbury_Duck

Kroyle91 wrote: »

Just wondering how you've come to that conclusion, so if theres no independent witnesses or dash cam footage its 50/50? Never been in this position before. So theres no damage to my car apart from the middle? Surely if I was 50% to blame my car would need to drive sideways?

Did you take lots of photos at the scene (before the cars were moved)? If so, they might go some way to convincing your insurer that you were stationary at the point of the impact, but I'm sure there is a plausible scenario for the damage to have arisen from both cars moving at the time. I'm sure she will claim that she was reversing when you moved into the previously empty space behind her, and the damage would be consistent with that.

Insurers don't send forensic accident investigators out to small bumps and scrapes. If the other party lies and there's no evidence to contradict her, the insurers will just agree to share the blame.

Jackmydad

And of course OP, you asked for opinion, and that's what you have.
FWIW I agree with the others. In the absence of further witnesses or evidence it'll most likely go 50 / 50.

Kroyle91

So we are both insured via the same insurance company meaning they're paying out the full amount either way. My car couldnt have been moving and further forward as I would have been mounting a footpath if I had. Hence the damage on her car only being the back left and the damage on mine being directly in the middle. Mine isnt scraped like it's been moving when hit it's just a clear dent exactly the same size as her left back end with a marking on my door handle as my car is white from the red part of her back left light which smashed. The only witnesses were the children I had picked up which obviously Rent independent and are children. She admitted liability infront of my neighbour when he was quoting how much it would cost her to fix the damage outside of the insurers does this class as an admission of liability to an independent witness?

oldernonethewiser

You can try and persuade your insurers to pursue this if you wish. If the other party is now denying liability (no-one should ever admit liability) then it is up to you to prove otherwise.

Aylesbury_Duck

I'm afraid you're working on the assumption that the insurer will be at all bothered about the details. They won't care about the forensic details of the dents. They'll pursue the quickest, easiest and most cost-effective route (for them) which will be 50:50 if the other party stands by her account. The fact that it's the same insurer for both cars perhaps makes it even less likely they'll care because they'll be paying out either way.

Kroyle91 wrote: »

So we are both insured via the same insurance company meaning they're paying out the full amount either way. My car couldnt have been moving and further forward as I would have been mounting a footpath if I had. Hence the damage on her car only being the back left and the damage on mine being directly in the middle. Mine isnt scraped like it's been moving when hit it's just a clear dent exactly the same size as her left back end with a marking on my door handle as my car is white from the red part of her back left light which smashed. The only witnesses were the children I had picked up which obviously Rent independent and are children.

Correct, their account won't be admissable.

Kroyle91 wrote: »

She admitted liability infront of my neighbour when he was quoting how much it would cost her to fix the damage outside of the insurers does this class as an admission of liability to an independent witness?

No.

Kroyle91

Thanks for your help. Just sent off the statement, diagram and photos they have requested so I'll wait to see how this goes.

Aylesbury_Duck

That's all you can do. Fingers crossed the other party owns up or makes such a hash of her statement that they believe your account.