Accident. Legally, whose at fault?

purpleozzie1

Hiya,

Had a little accident this morning. Wasn't my fault but wondered if legally it wasn't my fault.

I was turning right into a car park. There was a stationary car waiting to pull out of car park.

As I turned in I passed the car and our wing mirrors didn't touch so there was space between us. I then heard a crunch uttered a few expletives, parked up and inspected the damage. There was minimal damage, a tiny scratch to the paintwork, and a small tear in the driver side rear wheel arch..

The other driver pulled up, and she had a much bigger tear to the same wheel arch.

Obviously, it happened behind me, so I'm not sure about the exact events.. but as if was rear to rear and I'd straightened the car at time of impact im assuming she exited car park and turned into me.

So legally who's fault is it?? No witnesses..

Hoenir

Sounds like 50/50. 

purpleozzie1

I thought maybe because I was turning off main Rd, it would be her fault.. 

pramsay13

What does the other driver say happened?

You turning off the main road wouldn't make it the other driver's fault. 

If you were moving and the other driver was stationary are you sure you didn't just veer into her?

cymruchris

purpleozzie1 said:

I thought maybe because I was turning off main Rd, it would be her fault.. 

If she was stationary - it would be your fault. Although you say the mirror cleared - it doesn't mean the back of the car cleared - it all depends on angles. You say you don't actually know what happened. Give the insurance company your version sticking to the facts - she'll likely do the same - and the insurance companies will agree between them who was at fault. 

cw8825

purpleozzie1 said:

Hiya,

Had a little accident this morning. Wasn't my fault but wondered if legally it wasn't my fault.

I was turning right into a car park. There was a stationary car waiting to pull out of car park.

As I turned in I passed the car and our wing mirrors didn't touch so there was space between us. I then heard a crunch uttered a few expletives, parked up and inspected the damage. There was minimal damage, a tiny scratch to the paintwork, and a small tear in the driver side rear wheel arch..

The other driver pulled up, and she had a much bigger tear to the same wheel arch.

Obviously, it happened behind me, so I'm not sure about the exact events.. but as if was rear to rear and I'd straightened the car at time of impact im assuming she exited car park and turned into me.

So legally whose fault is it?? No witnesses..

Going by this version you have no defence as you say your not sure what happened 
if the other driver can provide a clear version if events 
it will be difficult for your insurers to defend if all they can say is ‘it was behind us. So we don’t know’ 

at the moment 
you have admitted the other car was stationary and you were moving oast
i would assume onus is on you to make sure you had cleared her
in your version of events where has the other driver been negligent?

daveyjp

You hit an object which wasn't moving so it can only be 100% your fault.
.

DullGreyGuy

You not knowing what's happened is a big red flag, almost as bad as the "the road was clear and then they came out of no where". 

What did the other party state happened? On the surface it sounds like you cut the corner and hit their stationary vehicle but maybe they'll say they thought you'd cleared them so pulled out not realising you were still blocking their path. 

born_again

So as you were going past the car coming out, which way were then going to turn & which way the the driver coming out going?