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Accident - who's fault

24

Comments

  • Car_54
    Car_54 Posts: 9,012 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Fork86 said:
    NB: I guess you could be both guilty of not watching where you are going. When I pull out I check rear view and side mirrors, indicate, check front, slowly move out quick check rea and front as even in 2 way roads people taken over dangerously so you need to see where you are going is safe ie no cars/bikes/adults/children/pets/etc



    I Indicated and moved out after the car had passed me in a forward direction.

    I started to come out of the bay which is when the other driver stopped approx 4 car lengths ahead due to the car in front of them for some reason. 

    I had stopped when I noticed the car in front had stopped and they then reversed quite quickly. When I tried reversing back into the bay to try and get out of their way as I noticed they were quite close to the cars parked on the right side (less than 1 ft), but they were going unexpectedly fast.

    If I hadn't reversed back the damage they caused would have been much worse.
    Did you sound your horn?
  • Fork86
    Fork86 Posts: 398 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 19 December at 8:30PM
    Fork86 said:
    NB: I guess you could be both guilty of not watching where you are going. When I pull out I check rear view and side mirrors, indicate, check front, slowly move out quick check rea and front as even in 2 way roads people taken over dangerously so you need to see where you are going is safe ie no cars/bikes/adults/children/pets/etc



    I Indicated and moved out after the car had passed me in a forward direction.

    I started to come out of the bay which is when the other driver stopped approx 4 car lengths ahead due to the car in front of them for some reason. 

    I had stopped when I noticed the car in front had stopped and they then reversed quite quickly. When I tried reversing back into the bay to try and get out of their way as I noticed they were quite close to the cars parked on the right side (less than 1 ft), but they were going unexpectedly fast.

    If I hadn't reversed back the damage they caused would have been much worse.
    Did you sound your horn?
    Fork86 said:
    NB: I guess you could be both guilty of not watching where you are going. When I pull out I check rear view and side mirrors, indicate, check front, slowly move out quick check rea and front as even in 2 way roads people taken over dangerously so you need to see where you are going is safe ie no cars/bikes/adults/children/pets/etc


    I Indicated and moved out after the car had passed me in a forward direction.

    I started to come out of the bay which is when the other driver stopped approx 4 car lengths ahead due to the car in front of them for some reason. 

    I had stopped when I noticed the car in front had stopped and they then reversed quite quickly. When I tried reversing back into the bay to try and get out of their way as I noticed they were quite close to the cars parked on the right side (less than 1 ft), but they were going unexpectedly fast.

    If I hadn't reversed back the damage they caused would have been much worse.
    Did you sound your horn?
    Tried to but the driver was reversing so fast it was difficult to sound the horn while I was trying to reverse back out of the way safely. It happened so quickly.

    The driver was so flustered they they didn't even realise what they had done or that a piece of their bumper was missing. They even said I didn't know you were there... 

    Try to imagine nothing ever existed...
  • Fork86
    Fork86 Posts: 398 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    photome said:
    shane2k said:
    they at fault as you should only reverse if safe to do so but if you no dash camera then they could say you drove into them
    ... Btw, I'm sure there is no law saying you can't reverse in a one-way road and if there is it must be woolly.
    Of course there is no law saying "you can't reverse in a one-way road".  The law says you can only travel in one specified direction along a one-way road, in accordance with the signage.  Whether you are reversing or not is immaterial so long as you are travelling in the permitted direction.
    Are you saying  you cant reverse parrallel park on a one way street ?  



    There was no reason for this car to reverse so far and so suddenly, there were no parking spaces and so they were not parking up.
    Try to imagine nothing ever existed...
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Fork86 said:
    If you're parked in a one way street, a car has passed you and is nearly 4 car lengths in front before pull out, but then they stop and reverse at speed  after you've started pulling out because the car in front of them is reversing.

    You try and reverse back into the bay to get out of their way but they still reverse and hit you.

    Who's fault is it?
    In the first instance you would hold the other party fully at fault. 

    The reality of claims negotiations however is that you need to hear both side's version of events as theirs may be materially different. Its then a case of looking at what evidence there is to see if it supports one version of events above the other (or suggests there is a third version).

    Have you already spoken to your insurers? You may find the third party has already reported the incident to their insurers and admitted it was their fault so the rest of it become moot. 
  • user1977
    user1977 Posts: 18,836 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    photome said:
    shane2k said:
    they at fault as you should only reverse if safe to do so but if you no dash camera then they could say you drove into them
    ... Btw, I'm sure there is no law saying you can't reverse in a one-way road and if there is it must be woolly.
    Of course there is no law saying "you can't reverse in a one-way road".  The law says you can only travel in one specified direction along a one-way road, in accordance with the signage.  Whether you are reversing or not is immaterial so long as you are travelling in the permitted direction.
    Are you saying  you cant reverse parrallel park on a one way street ?  
    No, reversing the minimum distance needed for that sort of manoeuvre is fine (same as reversing in the "wrong" lane on a two-way road), but travelling any significant distance in the wrong direction ain't allowed.

    I used to live at the "wrong" end of a one way street and always amused at the number of people who thought it was fine to drive up it in the wrong direction, as long as they were in reverse gear...
  • Car_54
    Car_54 Posts: 9,012 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    user1977 said:
    photome said:
    shane2k said:
    they at fault as you should only reverse if safe to do so but if you no dash camera then they could say you drove into them
    ... Btw, I'm sure there is no law saying you can't reverse in a one-way road and if there is it must be woolly.
    Of course there is no law saying "you can't reverse in a one-way road".  The law says you can only travel in one specified direction along a one-way road, in accordance with the signage.  Whether you are reversing or not is immaterial so long as you are travelling in the permitted direction.
    Are you saying  you cant reverse parrallel park on a one way street ?  
    No, reversing the minimum distance needed for that sort of manoeuvre is fine (same as reversing in the "wrong" lane on a two-way road), but travelling any significant distance in the wrong direction ain't allowed.

    I used to live at the "wrong" end of a one way street and always amused at the number of people who thought it was fine to drive up it in the wrong direction, as long as they were in reverse gear...
    The law forbids reversing on any road "further than may be requisite for the safety or reasonable convenience of the occupants of the vehicle or other traffic".

    I can't find any law to support your assertion permitting reversing in a one-way road. Can you?
  • user1977
    user1977 Posts: 18,836 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    edited 19 December at 8:30PM
    user1977 said:
    photome said:
    shane2k said:
    they at fault as you should only reverse if safe to do so but if you no dash camera then they could say you drove into them
    ... Btw, I'm sure there is no law saying you can't reverse in a one-way road and if there is it must be woolly.
    Of course there is no law saying "you can't reverse in a one-way road".  The law says you can only travel in one specified direction along a one-way road, in accordance with the signage.  Whether you are reversing or not is immaterial so long as you are travelling in the permitted direction.
    Are you saying  you cant reverse parrallel park on a one way street ?  
    No, reversing the minimum distance needed for that sort of manoeuvre is fine (same as reversing in the "wrong" lane on a two-way road), but travelling any significant distance in the wrong direction ain't allowed.

    I used to live at the "wrong" end of a one way street and always amused at the number of people who thought it was fine to drive up it in the wrong direction, as long as they were in reverse gear...
    The law forbids reversing on any road "further than may be requisite for the safety or reasonable convenience of the occupants of the vehicle or other traffic".

    I can't find any law to support your assertion permitting reversing in a one-way road. Can you?
    That seems to be a differently-worded version of my assertion?
  • diystarter7
    diystarter7 Posts: 5,202 Forumite
    1,000 Posts First Anniversary Name Dropper
    shane2k said:
    they at fault as you should only reverse if safe to do so but if you no dash camera then they could say you drove into them
    ... Btw, I'm sure there is no law saying you can't reverse in a one-way road and if there is it must be woolly.
    Of course there is no law saying "you can't reverse in a one-way road".  The law says you can only travel in one specified direction along a one-way road, in accordance with the signage.  Whether you are reversing or not is immaterial so long as you are travelling in the permitted direction.
    Incredible.
    Are you saying you can't reverse park?
    There is a law re reversing in a one way but as I clearly stated that is woolly.
    I've made my point very clear and I'll let you pick and choose bits you may want to respond to

    OP, along with my previous posts, I'm also assuming you would have sounded your horn.

    Have a nice day.
  • Car_54
    Car_54 Posts: 9,012 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 19 December at 8:30PM
    user1977 said:
    user1977 said:
    photome said:
    shane2k said:
    they at fault as you should only reverse if safe to do so but if you no dash camera then they could say you drove into them
    ... Btw, I'm sure there is no law saying you can't reverse in a one-way road and if there is it must be woolly.
    Of course there is no law saying "you can't reverse in a one-way road".  The law says you can only travel in one specified direction along a one-way road, in accordance with the signage.  Whether you are reversing or not is immaterial so long as you are travelling in the permitted direction.
    Are you saying  you cant reverse parrallel park on a one way street ?  
    No, reversing the minimum distance needed for that sort of manoeuvre is fine (same as reversing in the "wrong" lane on a two-way road), but travelling any significant distance in the wrong direction ain't allowed.

    I used to live at the "wrong" end of a one way street and always amused at the number of people who thought it was fine to drive up it in the wrong direction, as long as they were in reverse gear...
    The law forbids reversing on any road "further than may be requisite for the safety or reasonable convenience of the occupants of the vehicle or other traffic".

    I can't find any law to support your assertion permitting reversing in a one-way road. Can you?
    That seems to be a differently-worded version of my assertion?
    Not really. The difference with a one-way street is that it is indicated by signs whose legal meaning is "Vehicular traffic must proceed in the direction indicated by the arrow". That seems specifically to forbid reversing.
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 7 July 2022 at 3:54PM
    photome said:
    shane2k said:
    they at fault as you should only reverse if safe to do so but if you no dash camera then they could say you drove into them
    ... Btw, I'm sure there is no law saying you can't reverse in a one-way road and if there is it must be woolly.
    Of course there is no law saying "you can't reverse in a one-way road".  The law says you can only travel in one specified direction along a one-way road, in accordance with the signage.  Whether you are reversing or not is immaterial so long as you are travelling in the permitted direction.
    Are you saying  you cant reverse parrallel park on a one way street ?  
    No I'm not.  I see reverse parallel parking as being a manoeuvring exercise rather than as travelling.  (As in travelling from point A to point B   )
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