My car was hit while parked across a dropped curb- advice please?

binao

bluelad1927 said:

It is not illegal to park across somebody's driveway. 

Most likely a new bumper, very expensive.

Your inconsiderate dropped kirb parking and inability to find the horn button, ancient cars have buttons, will most likely result in a greatly increased renewal premium. Plus the new bumper and labour to account for.

Best to apologise and say sorry.

If you hadn't parked over a dropped kirb you would have been OK. 

The OP is not at fault here.

In the eyes of the law rather than yours there is nothing illegal that has been committed here by parking across the driveway opposite that of which the other car reversed out.

At most this is trespass, a civil matter, which only the affected landowner can have any complaint

DKP is illegal, and  can result in a PCN or/and a FPN, or towaway

sheramber

Whether it is legal or not is not relevant to the insurance claim. 

The driver should be checking it is clear behind when reversing. 

You could say she was driving without due care and attention if she didn't she a parked car behind her.

ElefantEd

binao said:

bluelad1927 said:

It is not illegal to park across somebody's driveway. 

Most likely a new bumper, very expensive.

Your inconsiderate dropped kirb parking and inability to find the horn button, ancient cars have buttons, will most likely result in a greatly increased renewal premium. Plus the new bumper and labour to account for.

Best to apologise and say sorry.

If you hadn't parked over a dropped kirb you would have been OK. 

The OP is not at fault here.

In the eyes of the law rather than yours there is nothing illegal that has been committed here by parking across the driveway opposite that of which the other car reversed out.

At most this is trespass, a civil matter, which only the affected landowner can have any complaint

DKP is illegal, and  can result in a PCN or/and a FPN, or towaway

True but in this case the OP was still in the car so I doubt would have got any penalty even if a traffic warden had happened along - they would have just been asked to move.

And as everyone else says, it's entirely the other driver's fault for reversing without looking properly. It could just as easily have been a pedestrian crossing the road at the point, or a dog.

Aretnap

m0bov said:

You are entitled to park across a dropped kerb unless there are lines. its not illegal unless the owner is obstructed.

You have that backwards. It's illegal to park across a dropped kerb, with a handful of exceptions such as blocking your own driveway.

https://www.legislation.gov.uk/ukpga/2004/18/section/86

Strictly speaking this only applies in a "special enforcement area" - but that mean most of the country these days and certainly pretty much all large towns and cities.

Some councils paint white lines across some dropped kerbs but the lines have no legal significance - it's the dropped kerb that creates the restriction, the white line merely draws more attention to it.

None of this matters to the OP of course. A driver who hits a stationary car - even an illegally parked car - will be wholly responsible in all but the most extreme of circumstances.