Car parked over my drive, clipped it, who is liable?

TooManyPoints

This conversation is utterly pointless. The OP chooses to drive into his driveway contrary to HC advice. His choice. The pros (and particularly the cons) of this are well known. He has caused a collision almost certainly as a result of this practice. Again, his choice. Luckily (and it is only luck because it seems his view is normally obscured by a hedge or something) no personal injuries were caused. The only thing I would take issue with is this:

I would say 90% of the population do not reverse into their drives. 

I would suggest (though would not state for certain because I don't know) that statement is incorrect. I have just looked out of my window from where I can see around ten cars in driveways. All of them have been reversed in bar one. I live in quite a narrow but fairly long cul-de-sac and, even though there is no through traffic, reversing out is very perilous and not to be recommended. So in my road at least, 90% of drivers (me included) seem to reverse in, not out.

inspectorperez

Time for a referendum on how many car owners living in cul de sacs reverse into their drives?

There are 7 houses in my cul de sac, with a total of 15 cars. No one reverses into their drive and there have been no incidents during the 30+ years I have lived here - not even a damaged wheelie bin. Maybe we are all potentially careless drivers??

TheJP

inspectorperez said:

Time for a referendum on how many car owners living in cul de sacs reverse into their drives?

There are 7 houses in my cul de sac, with a total of 15 cars. No one reverses into their drive and there have been no incidents during the 30+ years I have lived here - not even a damaged wheelie bin. Maybe we are all potentially careless drivers??

inspectorperez said:

Time for a referendum on how many car owners living in cul de sacs reverse into their drives?

There are 7 houses in my cul de sac, with a total of 15 cars. No one reverses into their drive and there have been no incidents during the 30+ years I have lived here - not even a damaged wheelie bin. Maybe we are all potentially careless drivers??

Honestly how do you know there haven't been any incidents? Is there a cul-de-sac incident hotline i don't know about. I didn't go and knock on all the houses in the street and tell them that i bumped into a car.

The fact is people DO reverse out of their drive, its not illegal. 

shiraz99

TheJP said:

inspectorperez said:

Time for a referendum on how many car owners living in cul de sacs reverse into their drives?

There are 7 houses in my cul de sac, with a total of 15 cars. No one reverses into their drive and there have been no incidents during the 30+ years I have lived here - not even a damaged wheelie bin. Maybe we are all potentially careless drivers??

inspectorperez said:

Time for a referendum on how many car owners living in cul de sacs reverse into their drives?

There are 7 houses in my cul de sac, with a total of 15 cars. No one reverses into their drive and there have been no incidents during the 30+ years I have lived here - not even a damaged wheelie bin. Maybe we are all potentially careless drivers??

Honestly how do you know there haven't been any incidents? Is there a cul-de-sac incident hotline i don't know about. I didn't go and knock on all the houses in the street and tell them that i bumped into a car.

The fact is people DO reverse out of their drive, its not illegal. 

And not a single person here has said it is, so why keep stressing the fact as if we have. As mentioned many times, it's advised by the HC but not only that it is good practice. You chose not too and ultimately suffered the consequences, simple as that really.

diystarter7

Reverse out or in makes no difference to the original question.

People that encroach or block other people's drives are nasty fool types from what I have seen. Ask yourself, do you block or encroach other people's drives unless the person who the drive belongs to has consented. The majority here are not careless fools, uneducated etc, etc so won't but sadly there are quiet a few that will and then get nasty when pointed out to them about their inconsiderate/foolish parking. Many of the fools will come back with "there is plenty of space you could drive a bus through it"!  These types are uneducated, fools and I hope they get a ticket etc.

Car_54

diystarter7 said:

Reverse out or in makes no difference to the original question.

People that encroach or block other people's drives are nasty fool types from what I have seen. Ask yourself, do you block or encroach other people's drives unless the person who the drive belongs to has consented. The majority here are not careless fools, uneducated etc, etc so won't but sadly there are quiet a few that will and then get nasty when pointed out to them about their inconsiderate/foolish parking. Many of the fools will come back with "there is plenty of space you could drive a bus through it"!  These types are uneducated, fools and I hope they get a ticket etc.

The original question was "Who is at fault?", and it was answered correctly in the very first reply.
"People that encroach or block other people's drives" are indeed inconsiderate and/or foolish. But then so are people who reverse out of driveways with limited visibility and collide with stationary objects.

sevenhills

TheJP said:
The HC is advise and the onus is on the operator of the vehicle to make the best safest decision which is what i do.

If you think reversing out is safer, how many accidents have you had reversing in?

diystarter7

[Deleted User] said:

diystarter7 said:

Reverse out or in makes no difference to the original question.

People that encroach or block other people's drives are nasty fool types from what I have seen. Ask yourself, do you block or encroach other people's drives unless the person who the drive belongs to has consented. The majority here are not careless fools, uneducated etc, etc so won't but sadly there are quiet a few that will and then get nasty when pointed out to them about their inconsiderate/foolish parking. Many of the fools will come back with "there is plenty of space you could drive a bus through it"!  These types are uneducated, fools and I hope they get a ticket etc.

The original question was "Who is at fault?", and it was answered correctly in the very first reply.
"People that encroach or block other people's drives" are indeed inconsiderate and/or foolish. But then so are people who reverse out of driveways with limited visibility and collide with stationary objects.

Accidents do happen. I've never had an accident but been in a few where others have hit our stationary car on the road at a junction and nose to tail traffic etc and one big one where our car rolled over, non of it my fault but accidents do happen

have you considered the fact that if idiots don't block, part block people drive and in the OP's case if their drive was not part blocked he may not have hit the car

I'll say it again - our council if you register with them will come out at times and ticket ad vehicle parked even an inch over the drive. By registering you are allowing them to ticket your car or a visitor as well unless you see them and stop them.

A white line that you pay for helps but won't completely stop the ignorant. 

I don't block anyone's drive unless I have their consent as I would not want my drive blocked and even if I did not have one I'd still not park in front of anyone's drive without their consent - it's called manners and social skills and not being igornant. 

Car_54

diystarter7 said:

[Deleted User] said:

diystarter7 said:

Reverse out or in makes no difference to the original question.

People that encroach or block other people's drives are nasty fool types from what I have seen. Ask yourself, do you block or encroach other people's drives unless the person who the drive belongs to has consented. The majority here are not careless fools, uneducated etc, etc so won't but sadly there are quiet a few that will and then get nasty when pointed out to them about their inconsiderate/foolish parking. Many of the fools will come back with "there is plenty of space you could drive a bus through it"!  These types are uneducated, fools and I hope they get a ticket etc.

The original question was "Who is at fault?", and it was answered correctly in the very first reply.
"People that encroach or block other people's drives" are indeed inconsiderate and/or foolish. But then so are people who reverse out of driveways with limited visibility and collide with stationary objects.

have you considered the fact that if idiots don't block, part block people drive and in the OP's case if their drive was not part blocked he may not have hit the car

That is true. But the drive was in fact part blocked, and the OP hit the car, while reversing with "poor visibility" (his words).
You cannot assume it is safe to proceed simply because the obstacle "shouldn't" be there. Again, the HC is clear (202):

"Look carefully before you start reversing. You should

• use all your mirrors
• check the ‘blind spot’ behind you (the part of the road you cannot see easily in the mirrors)
• check there are no pedestrians (particularly children), cyclists, other road users or obstructions in the road behind you.

Reverse slowly while

• checking all around
• looking mainly through the rear window
• being aware that the front of your vehicle will swing out as you turn.

Get someone to guide you if you cannot see clearly."

ontheroad1970

TheJP said:

inspectorperez said:

Time for a referendum on how many car owners living in cul de sacs reverse into their drives?

There are 7 houses in my cul de sac, with a total of 15 cars. No one reverses into their drive and there have been no incidents during the 30+ years I have lived here - not even a damaged wheelie bin. Maybe we are all potentially careless drivers??

inspectorperez said:

Time for a referendum on how many car owners living in cul de sacs reverse into their drives?

There are 7 houses in my cul de sac, with a total of 15 cars. No one reverses into their drive and there have been no incidents during the 30+ years I have lived here - not even a damaged wheelie bin. Maybe we are all potentially careless drivers??

Honestly how do you know there haven't been any incidents? Is there a cul-de-sac incident hotline i don't know about. I didn't go and knock on all the houses in the street and tell them that i bumped into a car.

The fact is people DO reverse out of their drive, its not illegal. 

While not in and of itself illegal, you can be found to be guilty of careless driving in the event of a collision because you choose, against the advice of the HC, to reverse out.  You will also be held liable for such collisions since you chose to to one of the more risky manoeuvres with the least visibility.  You chose to take the higher risk, and yet you wondered at the start of the thread who was liable.  That leaves me shaking my head in disbelief.  Inconsiderate nature of others has nothing at all to day with it @diystarter7.  Nothing at all.  

OP I suggest you get the bush cut down.  Next time it could be a child on a scooter, and you could easily kill them even at a slow pace.