I need an advice regards a car accident please

Saceiu

hi all I hope you can help me understand what is going on with my situation,

I was at my gym coming out of my parking spot, reversing, I got hit at the back. I understand that when reversing what ever the situations the driver reversing is at fault, however the other car came from a corner in to a one way lane.

I was basically parked 2 cars away from a corner where you meant to turn left or right, I will try to upload a photo for better understanding..

I also got a confirmation from the gym saying they have a one way system in place

Now I could accept a 50/50 fault but why is my insurance saying that I am at fault, is just ridiculous how people could be easily take advantage of situations like this and make money.  

the third party only suffered minor scratches to her car, her husband, who wasn't there, was the one dealing with the insurance and apparently once home they have got a curtesy car and Tor truck to bring her vehicle to a garage! 

Am I at fault?

 

elsien

Whether it’s a one-way system or not, you should still have looked both ways before moving in case of (for example) pedestrians walking behind you as well as other cars. 

tacpot12

You should tell your insurance company immediately that you disagree with them finding you as being the only driver at fault. The other driver should have seen you and your reversing lights (assuming they work), and should have been following the one-way system - your point should be that the one-way system is there specifically because it is unsafe to drive directly into the lane from the corner. You might ask the gym if they can tell you how many other accidents have occurred in that lane, and why they implemented the one-way system. It sounds like this accident should be settled 50:50. 

Brie

You got hit or you backed into someone coming from an unexpected direction? 

If they hit you then they should be considered to be at fault. 

If you backed into them even when they are driving the wrong way I suspect you should be considered to be responsible as you need to be fully aware of your surroundings.  It might have been a pedestrian who wouldn't be restricted by a one way system.  

I suspect also the fact that this is private land rather than a public highway plays its part as the one way system might be considered a courtesy rather than something "legal".  

Hope you are ok and it's just the cars that got hurt.

Saceiu

elsien said:

Whether it’s a one-way system or not, you should still have looked both ways before moving in case of (for example) pedestrians walking behind you as well as other cars. 

Hi I did, no one was there she came from that corner on her left, also I always revers very slow as it is a busy gym and people walks up and down those lanes, she just popped from that left corner. this is why i would accept a 50/50 blame but not 100%

Saceiu

Brie said:

You got hit or you backed into someone coming from an unexpected direction? 

If they hit you then they should be considered to be at fault. 

If you backed into them even when they are driving the wrong way I suspect you should be considered to be responsible as you need to be fully aware of your surroundings.  It might have been a pedestrian who wouldn't be restricted by a one way system.  

I suspect also the fact that this is private land rather than a public highway plays its part as the one way system might be considered a courtesy rather than something "legal".  

Hope you are ok and it's just the cars that got hurt.

Hi Brie 

thank you so much I am ok, just really shocked about how big the third party is making the whole situation I was already out of my parking spot,  I looked left right and very slowly I backed out, then stopped as I wanted to straighten up she came from that corner and hit me, the insurance said this is mid maneuvers  as the gear wasn't on 1 is still considered backing up even though I wasn't moving 

Brie

Saceiu said:

Brie said:

You got hit or you backed into someone coming from an unexpected direction? 

If they hit you then they should be considered to be at fault. 

If you backed into them even when they are driving the wrong way I suspect you should be considered to be responsible as you need to be fully aware of your surroundings.  It might have been a pedestrian who wouldn't be restricted by a one way system.  

I suspect also the fact that this is private land rather than a public highway plays its part as the one way system might be considered a courtesy rather than something "legal".  

Hope you are ok and it's just the cars that got hurt.

Hi Brie 

thank you so much I am ok, just really shocked about how big the third party is making the whole situation I was already out of my parking spot,  I looked left right and very slowly I backed out, then stopped as I wanted to straighten up she came from that corner and hit me, the insurance said this is mid maneuvers  as the gear wasn't on 1 is still considered backing up even though I wasn't moving 

You need to emphasize to the insurance company that you were stationary and they were the moving vehicle so they hit you.  That should be obvious from the damage to both vehicles.

Saceiu

Brie said:

Saceiu said:

Brie said:

You got hit or you backed into someone coming from an unexpected direction? 

If they hit you then they should be considered to be at fault. 

If you backed into them even when they are driving the wrong way I suspect you should be considered to be responsible as you need to be fully aware of your surroundings.  It might have been a pedestrian who wouldn't be restricted by a one way system.  

I suspect also the fact that this is private land rather than a public highway plays its part as the one way system might be considered a courtesy rather than something "legal".  

Hope you are ok and it's just the cars that got hurt.

Hi Brie 

thank you so much I am ok, just really shocked about how big the third party is making the whole situation I was already out of my parking spot,  I looked left right and very slowly I backed out, then stopped as I wanted to straighten up she came from that corner and hit me, the insurance said this is mid maneuvers  as the gear wasn't on 1 is still considered backing up even though I wasn't moving 

You need to emphasize to the insurance company that you were stationary and they were the moving vehicle so they hit you.  That should be obvious from the damage to both vehicles.

I have tried 3 times to emphasize that but because I wasn't in gear 1 is still deemed as reversing mid m. This is what makes me so upset and makes me think how easily people scams insurances if they use this method, i could easily say i did put gear one but i feel horrible to have to lie, i did not put gear one but I stopped to as I wanted to straighten up my car.  looking at the damages she caused do you think is plausible for her to get a tor truck? i think she is taking this too far! i will have to ask the gym for CCTV hopefully it will help 

Saceiu

tacpot12 said:

You should tell your insurance company immediately that you disagree with them finding you as being the only driver at fault. The other driver should have seen you and your reversing lights (assuming they work), and should have been following the one-way system - your point should be that the one-way system is there specifically because it is unsafe to drive directly into the lane from the corner. You might ask the gym if they can tell you how many other accidents have occurred in that lane, and why they implemented the one-way system. It sounds like this accident should be settled 50:50. 

good points, Thank you so much I will email the gym to ask 

GrumpyDil

Sorry. If you genuinely were not moving you need to empathise that to the insurance company as that changes th situation. Your main issue would be proving that. 

Saceiu

GrumpyDil said:

Sorry. If you genuinely were not moving you need to empathise that to the insurance company as that changes th situation. Your main issue would be proving that. 

I will have to ask for CCTV finger crossed they do have it