Reversing car accident
Emily.mcintyre
Posts: 3 Newbie
in Motoring
Hello,
Last night I was involved in a car accident, my car was parked on a cinema car park and as I reversed out of the bay, checking at all times, a speeding taxi hit the left rear side of my car.
I have two witnesses who said the taxi was at fault as we was speeding in a 5mph zone but I have just spoke to my insurance company and they have said as I was reversing and there is no way to prove the taxi was speeding it will count as my fault.
There is quite a lot of damage to my car which could not have been caused if he was driving at the speed limit.
I have also injured my shoulder during the collision.
Does anyone have any advice as to whether this is the case? My dad has said it would not be my fault as the other driver hit me.
Last night I was involved in a car accident, my car was parked on a cinema car park and as I reversed out of the bay, checking at all times, a speeding taxi hit the left rear side of my car.
I have two witnesses who said the taxi was at fault as we was speeding in a 5mph zone but I have just spoke to my insurance company and they have said as I was reversing and there is no way to prove the taxi was speeding it will count as my fault.
There is quite a lot of damage to my car which could not have been caused if he was driving at the speed limit.
I have also injured my shoulder during the collision.
Does anyone have any advice as to whether this is the case? My dad has said it would not be my fault as the other driver hit me.
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Comments
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I'm afraid this is correct. You are responsible for ensuring you emerge safely onto the "main carriageway" and give way to other vehicles. Whether or not the taxi was speeding, you still hold that responsibility and it will be impossible to prove the taxi was speeding anyway. The insurers may determine that the taxi driver is partially to blame but that will still mean you have an at-fault accident on your record which will probably increase your premiums.Emily.mcintyre wrote: »Hello,
Last night I was involved in a car accident, my car was parked on a cinema car park and as I reversed out of the bay, checking at all times, a speeding taxi hit the left rear side of my car.
I have two witnesses who said the taxi was at fault as we was speeding in a 5mph zone but I have just spoke to my insurance company and they have said as I was reversing and there is no way to prove the taxi was speeding it will count as my fault.
There is quite a lot of damage to my car which could not have been caused if he was driving at the speed limit.
I have also injured my shoulder during the collision.
Does anyone have any advice as to whether this is the case? My dad has said it would not be my fault as the other driver hit me.
If you can, in such circumstances in future, try and reverse into the space so you can pull forwards out with better visibility.0 -
My wife sighs every time I reverse into a spot asking me why I bother. This is why I bother - unless I can drive into the spot from a space behind.0
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Afraid you are at fault here. Reversing out of a space is not very safety conscious. I'm with mercdriver on this one, always reverse into a space. Most of the employers I visit, the car parks have signs up "reverse parking".0
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Your dad has misled you.Emily.mcintyre wrote: »Hello,
Last night I was involved in a car accident, my car was parked on a cinema car park and as I reversed out of the bay, checking at all times, a speeding taxi hit the left rear side of my car.
I have two witnesses who said the taxi was at fault as we was speeding in a 5mph zone but I have just spoke to my insurance company and they have said as I was reversing and there is no way to prove the taxi was speeding it will count as my fault.
There is quite a lot of damage to my car which could not have been caused if he was driving at the speed limit.
I have also injured my shoulder during the collision.
Does anyone have any advice as to whether this is the case? My dad has said it would not be my fault as the other driver hit me.
All your fault as the correct authority (your insurer) has told you.
Go to the a&e for treatment to your shoulder. You don't get compo when you are to blame. Any passenger in your car can sue you though if you caused them injury!0 -
Emily.mcintyre wrote: »Hello,
Last night I was involved in a car accident, my car was parked on a cinema car park and as I reversed out of the bay, checking at all times, a speeding taxi hit the left rear side of my car.
I have two witnesses who said the taxi was at fault as we was speeding in a 5mph zone but I have just spoke to my insurance company and they have said as I was reversing and there is no way to prove the taxi was speeding it will count as my fault.
There is quite a lot of damage to my car which could not have been caused if he was driving at the speed limit.
I have also injured my shoulder during the collision.
Does anyone have any advice as to whether this is the case? My dad has said it would not be my fault as the other driver hit me.
Were you stationary when he hit you and if so for how long!
Are you witnesses independent?
How are they doing to prove his speed was excessive?
The 5 mph will be for guidance only and not enforceable are the police considering doing him for careless driving?
Without any additional evidence and your insurance company being willing to fight this it’s your fault. Even if they did fight it you’d be looking at split liability.0 -
Afraid you are at fault here. Reversing out of a space is not very safety conscious. I'm with mercdriver on this one, always reverse into a space. Most of the employers I visit, the car parks have signs up "reverse parking".
There was a police station in Coventry and the sign read “do not reverse park”.
Something to do with the cell block wall and carbon monoxide. The0 -
Mercdriver wrote: »My wife sighs every time I reverse into a spot asking me why I bother. This is why I bother - unless I can drive into the spot from a space behind.
Ditto. She complains about having to walk round the back with the shopping.0 -
I'm afraid you'll take the rap for this - sorry!0
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No such thing as 5MPH speed limits, speed limits don't apply in car parks. You reversed into the path of another vehicle. Slam dunk at fault.0
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The human eye cannot judge what speed a vehicle is travelling, yes we can tell if something is faster than walking pace but we wouldnt be able to say that a vehicle was travelling at 40mph when it should have been 30mph.
The onus is on the party reversing to ensure it is safe to do so as well as continually assessing whether it is safe to keep reversing or stop to allow a vehicle to pass.
If you have independant witnesses* ie not someone in your car or someone you know, they can confirm the direction of the other vehicle and whether yours was reversing then stopped to allow the driver to pass.
* if in Scotland the witnesses do not have to be independant and their version of events is given the same weight as an independant witness.
* if in England witnesses known to you any evidence they provide is usually dismissed by the insurance companies, but if it went to court a judge would consider it.
Follow your insurance company as they would not proceed with your claim due to the above.
Put it down to an expensive lesson.
As others have said, I also reverse into most spaces, it is easier to crank forwards to see cars approaching when driving out a parking space.Mortgage started 2020, aiming to clear it in 2026.0
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