Whose fault ? Outcome from insurance

Car_54

DB1904 said:

Road offences to not apply in a car park that isn't a road. If the legislation states road it must be a road. 

Yes, but for most (but not all) offences the legislation specifically states "a road or other public place".

This applies, tor example, to careless and dangerous driving, failure to stop and report, and using a motor vehicle without insurance.

But not, for example), to using an unlicensed vehicle, or to contruction and use offences.

Marvel1

BOWFER said:

Sandtree said:

Both vehicles reversing at the time of the incident, insurers will go 50/50 assuming both admit to this

But what if one of the vehicles was reversing down a lane that was marked as one way?
If you're reversing out of a space, you're looking for people manouvering immediately around you, but you're not necessarily looking for someone reversing down the lane from a long way back.

Bit worrying you are not looking for people walking from that direction.

Always look all directions as you will have another driver doing the opposite.

This is why you should always reverse in and drive out, your view is clearer.

DB1904

[Deleted User] said:

DB1904 said:

Road offences to not apply in a car park that isn't a road. If the legislation states road it must be a road. 

Yes, but for most (but not all) offences the legislation specifically states "a road or other public place".

This applies, tor example, to careless and dangerous driving, failure to stop and report, and using a motor vehicle without insurance.

But not, for example), to using an unlicensed vehicle, or to contruction and use offences.

In relation to accidents the word Road was removed several years ago  

Sandtree

DB1904 said:

[Deleted User] said:

DB1904 said:

Road offences to not apply in a car park that isn't a road. If the legislation states road it must be a road. 

Yes, but for most (but not all) offences the legislation specifically states "a road or other public place".

This applies, tor example, to careless and dangerous driving, failure to stop and report, and using a motor vehicle without insurance.

But not, for example), to using an unlicensed vehicle, or to contruction and use offences.

In relation to accidents the word Road was removed several years ago  

The word accident was removed several years ago hence we went from RTA to RTC but not heard of the word "road" being removed... what's the new TLA?

ontheroad1970

BOWFER said:

Sandtree said:

BOWFER said:

Sandtree said:

Its a carpark, markings are not legally enforceable. 

Are you sure about that?
If it's a carpark with 'unhindered access' (IE no gates/barriers and is open to be driven on at any time of day) it's classed as a public road and normal road laws apply.
This is why anyone damaging your car in such a car park can be charged with leaving the scene of an accident.

Can you point to a single case of someone being prosecuted or getting a FPN for driving in the wrong direction in a car park with no aggravating factors? Given this "offence" happens at least hundreds of times a day there must be tens of thousands out there to select from.

Can't point to the relevant legislation but there are rules and regulations etc about the placing of roadsigns that must be obeyed... there was the news story a while back when a village put their own speed limit sign up and then using speed cameras tried to get drivers prosecuted for breaking the speed limit but they were the ones that got into police trouble. Similarly a private company cannot put up signs that suddenly make ignoring them a criminal offence.

Nope, but it's not my job to collate this information and me not having it doesn't mean anything.
If a police car were to spot you or I driving the wrong way down a one way avenue in a carpark that is classed as a road, I dare say they would have powers to issue a ticket?

Doubtful.  The signs need to conform to legislation which in a private car park accessible to the public they won't be.

So basically you don't like being called out on an unsubstantiated point, but still want to insist that you are correct.  A little more modesty is required methinks

Rover_Driver

Sandtree said:

DB1904 said:

In relation to accidents the word Road was removed several years ago  

The word accident was removed several years ago hence we went from RTA to RTC but not heard of the word "road" being removed... what's the new TLA?

From s.170, Road Traffic Act 1988  'owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs'