Is a reversing driver always at fault

Polmop · 17 May 2018 at 8:31AM

HI,
Just looking for a bit of advice.
My daughter was hit in the garage yesterday by a driver reversing at high speed, she stopped but a second later he hit her.
He originally said it was his fault and he would ask his dad to sort out her car, but when she said she wanted to go through the insurance he said it was her fault and he would find some witnesses.
She is 19 and this is her second year of driving so I am not sure on how to do it.
I am sure her premium will go up even if it wasn't her fault, or is the reversing driver always to blame.
She has asked the garage and they do have CCTV which shows him entering the garage, sitting in his car then 40 seconds later reversing at speed into her.
Thanks

Zorillo · 17 May 2018 at 8:33AM

Obtain the CCTV and supply it to your insurer. Your version of events suggests he is obviously at fault. I'm sure his version won't!

ciderboy2009 · 17 May 2018 at 8:47AM

As Zorillo says - get a copy of that CCTV footage as a matter of urgency before the garage deletes it.

If neccessary your daughter should be able to request it as part of a Subject Access Request.

Nasqueron · 17 May 2018 at 3:17PM

Better yet, get the CCTV then wait for him to submit his lies to the insurer and then send them the video and maybe they'll give him his just desserts for lying

Polmop · 17 May 2018 at 3:50PM

Thanks, weve been in touch and they have made a note of the cctv date and time and will keep it for the insurance.
His father has now been in touch to say he will pick the car up from us tonight and bring it back on Sunday repaired!!

Sounds a bit odd

ElefantEd · 17 May 2018 at 3:55PM

I wouldn't let the father of the reversing driver anywhere near your car if I were you. Get a reputable garage to do it - his insurance will be paying for it. The father is unlikely to do anything other than a bodge job - and even if by some chance he is both competent and honest, why take the risk? There is no advantage to you whatsoever.

FutureGirl · 17 May 2018 at 3:59PM

The garage will only keep the footage for 30 days or so - and then it's wiped. So I'd either go and view it again and make a video of it, or ask them to put it on a disc for you (they might charge for this).

Nasqueron · 17 May 2018 at 5:07PM

Polmop wrote: »

Thanks, weve been in touch and they have made a note of the cctv date and time and will keep it for the insurance.
His father has now been in touch to say he will pick the car up from us tonight and bring it back on Sunday repaired!!

Sounds a bit odd

Get a copy of the CCTV on CD or USB stick, don't rely on that

You need to let the insurers know anyway so might as well claim off their insurance. The dad is highly unlikely to spend as much as possible to get your car fixed is he?

ciderboy2009 · 18 May 2018 at 8:50AM

OP - have you checked on AskMID to see if the car is actually insured?

Please make sure that you get a copy of the video - don't rely on the garage to hold on to it - it only takes one person to press a button to delete it.

Also, do not under any circumstances let the father take the car. Are you expert enough to know if there's any underlying damage which isn't visible?

Get your daughter to report it to her insurance asap and get them onto the case - provide them with a copy of the video and they should fight it all the way for her.

marlot · 18 May 2018 at 9:10AM

Polmop wrote: »

Thanks, weve been in touch and they have made a note of the cctv date and time and will keep it for the insurance.
His father has now been in touch to say he will pick the car up from us tonight and bring it back on Sunday repaired!!

Sounds a bit odd

Why would you give your (valuable) car over to someone you've never met, to do unspecified 'repairs' to it?

You might not even get it back!

Polmop · 18 May 2018 at 9:34AM

Thanks everyone, I have checked it on askmid and a different car comes up.
We have now managed to get a copy of the cctv which shows he was at fault, the father came round this morning to look at the car and has now said he will split it 50/50 after I said we would take it to the garage ourselves.
I told him I had seen the cctv and he has replied with we wouldn't be able to get a copy because it was on private land and the insurance also couldn't get a copy, only the police and that would only be if they were prosecuting.
He has just said he will accept £50 towards the repairs and we can take to the garage.
Her insurance would go up more than this even if she was found to be non fault.
I really don't know what to do

Is a reversing driver always at fault

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