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Car accident... Who's fault?

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  • Car_54
    Car_54 Posts: 8,851 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Bradden said:
    Whist reading through all the replies it seems it was your fault.. I can understand why you think some of the responsibility should be theirs for just pulling out! Sadly it seems the law is pretty black and white on this.
    Why is it sad? How do you suggest the law should work?

  • Marvel1
    Marvel1 Posts: 7,439 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    She wasn't approaching tho, she was parked at the side of my car. Whilst reversing she pulled out. Shouldn't she have checked her mirrors to see anything was coming down the road behind her? 
    Why would she need to check her mirrors if she was driving forwards and not changing lane?
    Really? A cyclist approaching for example.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Why would she check her mirrors for a cyclist about to pass her and cut in front of her? Surely she'd see the cyclist, erm, cutting in front of her whilst looking forward? Also, by checking her mirrors and seeing a cyclist it does not then follow that the cyclist will cut in front of her.
  • facade
    facade Posts: 7,607 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    DoaM said:
    Why would she check her mirrors for a cyclist about to pass her and cut in front of her?
    Because a cyclist could have been on the "wrong" side of the road, swerving round something maybe?

    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • Marvel1
    Marvel1 Posts: 7,439 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    DoaM said:
    Why would she check her mirrors for a cyclist about to pass her and cut in front of her? Surely she'd see the cyclist, erm, cutting in front of her whilst looking forward? Also, by checking her mirrors and seeing a cyclist it does not then follow that the cyclist will cut in front of her.
    *facepalm* I have heard it all now.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    If you're going to be sarky, at least put some effort into it. Here's a facepalm emoji 🤦‍♂️

    ;)
  • ellie14
    ellie14 Posts: 1,342 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I was driving down a narrow road ,the sign said not suitable hgvs ,I came to a bend ,there was a cone to the side of the road I pulled into the side of the road well away from the bend to allow an hgv  to come around the bend .The hgv came around too fast and clipped my car ,he stopped further down the road ,I took all photographs of my car position the road and signs ,a witness was on the scene two seconds later having heard the crash but he could only see the wagon I was on the other side .All parties knew I was stationary at the time ,but ,now the other party is trying to blame me saying I drove into the truck and wont accept the witness account who has told them that in no way was I at fault as I was stationary but they will not accept this as he did not see the impact .
     I feel very stressed being blamed for an accident which clearly was not my fault ,and now with my no claims bonus has pushed up my insurance renewal by £135.Can anyone give me any advice ,or similar happened to them .
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    He said, she said. The independent witness is on your side, but didn't actually see anything happen, and just assumed.

    I presume insurance have decided it's split liability?

    "Not suitable for HGVs" does not mean HGVs are illegal there. A weight or height or length restriction would be required - and, even then, would normally come with an "except for access" caveat. And, even if it wasn't meant to be there, that doesn't mean liability is changed.
  • NBLondon
    NBLondon Posts: 5,700 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    neilmcl said:

    So here's kind of what went down.. Not the best diagram but it's the best I could do atm lol. I'm the green, her the orange 
    So here's the scenario then. Your neighbour is waiting to pull out, sees you pass her, start's to pull out but then you decide to reverse. Not much she can do at this point but stop and assume you've seen her as you should be looking the direction of travel, you're not and proceed to hit her car. Who's fault do you think it is now?
    By ducky's diagram - it's quite possible that the orange driver did look over their shoulder, saw the back of ducky's car and didn't see reversing lights so assumed that there was nothing approaching from that direction.  They could have been more cautious but sorry, ducky is at fault if they reversed too fast to stop.  In fact,  if ducky had waited - they could have backed into the space the orange car had left.
    I need to think of something new here...
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,702 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ellie14 said:
    I was driving down a narrow road ,the sign said not suitable hgvs ,I came to a bend ,there was a cone to the side of the road I pulled into the side of the road well away from the bend to allow an hgv  to come around the bend .The hgv came around too fast and clipped my car ,he stopped further down the road ,I took all photographs of my car position the road and signs ,a witness was on the scene two seconds later having heard the crash but he could only see the wagon I was on the other side .All parties knew I was stationary at the time ,but ,now the other party is trying to blame me saying I drove into the truck and wont accept the witness account who has told them that in no way was I at fault as I was stationary but they will not accept this as he did not see the impact .
     I feel very stressed being blamed for an accident which clearly was not my fault ,and now with my no claims bonus has pushed up my insurance renewal by £135.Can anyone give me any advice ,or similar happened to them .
    You should start your own thread, but if that's what the insurance company have decided, that's that.  The witness wasn't a witness to the accident so how do they know you were stationary?
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