Car accident -who's fault?

Pew_Pew_Pew_Lasers!

That is probably because it is against the law to refuse somebody access to the public highway.

Oddly enough, its quite legal to block access to a property from the public highway by parking your car across the entrance to the driveway.


Insurance companies just go for the simplest option. You don't have to accept their recommendation. The OP was at fault, btw parking on double yellows isn't always an offence.

Markyt

Pew_Pew_Pew_Lasers! wrote: »

Oddly enough, its quite legal to block access to a property from the public highway by parking your car across the entrance to the driveway.

But it isn't legal to block a drive preventing exit from it. Go figure.

Markyt

I think anyone parked illegally should automatically be deemed 'at fault'. It's just a good job it wasn't a fire engine or ambulance on a shout in this case.

raskazz

Markyt wrote: »

I think anyone parked illegally should automatically be deemed 'at fault'. It's just a good job it wasn't a fire engine or ambulance on a shout in this case.

So if a drunk driver smashed into a car parked on a double yellow it would not be his fault?

Er, ok... :rolleyes:

Markyt

raskazz wrote: »

So if a drunk driver smashed into a car parked on a double yellow it would not be his fault?

QUOTE]

If a fire engine didn't get to a fire because a road was blocked by a car parked on double yellows it would be the engine drivers fault?

err, ok. :rolleyes:

ormus

so if my car broke down on the yellows, and you hit it, then its my fault!!!
do me a favour.

seftonsun

Keith wrote: »

Why is everyone so sure?

My partner reversed off our drive, she was watching our cat so she didn't hit it.

She bumped into the neighbours car who was parked opposite our drive.

It went through insurance and the neighbour who's car was empty and parked at the time was found at fault.

I think there is a bit more to this than you are letting on? Or, more likely is the neighbours insurance paid out for you, yours paid out for them and you both lose your NCB!!

lisyloo

However badly or ridiculously a car is parked, there is still a "duty of care" on other drivers.

This can be very frustrating if you are blocked in but it does not justify causing damage.

If you are blocked in you must try to find the owner.
This can be a case of going into the adjacent take-away venue, or it might be a case of phoning the police and having then contact the registered keeper via DVLA.

The only exception might be a life saving emergency.

In individual circumstances then insurance companies and lawyers may decide.

However the general rule is that HOWEVER DUMB someone else has been you still have a duty of care to their property.

Very frustrating some times, but that's the law.

Keith

seftonsun wrote: »

I think there is a bit more to this than you are letting on? Or, more likely is the neighbours insurance paid out for you, yours paid out for them and you both lose your NCB!!

Not at all, our car had a bit of paintwork damage so we didn't claim for anything, she claimed for work to her door to have the dent removed and the paint and rubstrips repaired.

We retained our NCB and Norwich Union state that it was a none fault claim.

ormus

so if my GD stands on your driveway entrance, and you knock her over its her fault, or 50/50 fault?