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  • FIRST POST
    • Emily.mcintyre
    • By Emily.mcintyre 9th Aug 18, 12:12 PM
    • 3Posts
    • 0Thanks
    Emily.mcintyre
    Reversing car accident
    • #1
    • 9th Aug 18, 12:12 PM
    Reversing car accident 9th Aug 18 at 12:12 PM
    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.
Page 2
    • bonnyrigger
    • By bonnyrigger 10th Aug 18, 4:18 PM
    • 12 Posts
    • 6 Thanks
    bonnyrigger
    Best of luck - with two witnesses you may stand a chance, all those rushing to say it's your fault were not there. If you had stopped and then he ploughed into the side of you then it's his fault - priority doesn't mean you get to plough through anything in your path.
    • Aylesbury Duck
    • By Aylesbury Duck 10th Aug 18, 4:32 PM
    • 2,244 Posts
    • 3,024 Thanks
    Aylesbury Duck
    Best of luck - with two witnesses you may stand a chance, all those rushing to say it's your fault were not there. If you had stopped and then he ploughed into the side of you then it's his fault - priority doesn't mean you get to plough through anything in your path.
    Originally posted by bonnyrigger
    If OP had stopped, I'd agree with you. Those of us "rushing" to apportion blame weren't there so we can only go by OP's account which was that she was reversing at the time of the collision and that is what she has told her insurer. In other words, two moving cars collided, with OP being the one supposed to give way. The insurer, understandably, have deemed her to be at fault. Whether she's held entirely to blame or whether only partially because it's established that the taxi driver was reckless, the effect is still an at-fault accident on her claims record.
    Please forgive the deliberate omission of apostrophes on some posts whilst I await MSE to do something about the daft codes that appear in their place when typing on certain devices.
    • AlexMac
    • By AlexMac 10th Aug 18, 4:33 PM
    • 2,106 Posts
    • 1,837 Thanks
    AlexMac
    Irrespective of the rights and wrongs, it's now the third day since the bump, so get onto your Insurer pronto. They may record the call, so rehearse a short but confident description and when they ask who was to blame, say who you think (ie the taxi driver) and why; justifying this with names and contacts for witnesses who will back your account.

    You may well find the taxi driver has already pre-empted you by contacting his insurer who will immediately email yours; assuming you exchanged insurance details as usual. As I found when the person who hit me one evening by reversing into me changed their story overnight and asserted to their insurer that I had driven into them (full sorry saga on this forum at post #38 on a recent similar thread if you want cheering up!
    https://forums.moneysavingexpert.com/showthread.php?p=74643437#post74643437

    Your insurer will take a view based on the evidence; but even if it goes against you, that will be it; life's not always nuanced, let alone fair; I was once ridden off the road by a driver who didn't stop and I didn't get their number. But 2 bad deals in over 50 years of motoring is par for the course

    Good luck
    • Car 54
    • By Car 54 10th Aug 18, 4:46 PM
    • 3,202 Posts
    • 1,989 Thanks
    Car 54
    Irrespective of the rights and wrongs, it's now the third day since the bump, so get onto your Insurer pronto. They may record the call, so rehearse a short but confident description and when they ask who was to blame, say who you think (ie the taxi driver) and why; justifying this with names and contacts for witnesses who will back your account.

    You may well find the taxi driver has already pre-empted you by contacting his insurer who will immediately email yours; assuming you exchanged insurance details as usual. As I found when the person who hit me one evening by reversing into me changed their story overnight and asserted to their insurer that I had driven into them (full sorry saga on this forum at post #38 on a recent similar thread if you want cheering up!
    https://forums.moneysavingexpert.com/showthread.php?p=74643437#post74643437

    Your insurer will take a view based on the evidence; but even if it goes against you, that will be it; life's not always nuanced, let alone fair; I was once ridden off the road by a driver who didn't stop and I didn't get their number. But 2 bad deals in over 50 years of motoring is par for the course

    Good luck
    Originally posted by AlexMac
    You're too late - the insurer has already been advised, and has taken a view, which appears to be correct.



    Read the OP (post #1) again:

    "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."


    The witnesses are of no help to the OP, since they are not giving a factual statement of what they saw, but expressing their opinions on matters which are beyond their competence.
    • AndyMc.....
    • By AndyMc..... 10th Aug 18, 5:09 PM
    • 2,098 Posts
    • 1,271 Thanks
    AndyMc.....
    To clarify the human eye can tell if something is moving slow / fast / very fast but cannot say what speed something is travelling at.
    Originally posted by MovingForwards
    In the case of the OP the witness could say it was faster than 5mph.
    Hi there! Weve had to remove your signature. Please check the Forum Rules if youre unsure why its been removed and, if still unsure, email forumteam@moneysavingexpert.com
    • neilmcl
    • By neilmcl 10th Aug 18, 5:31 PM
    • 11,458 Posts
    • 8,253 Thanks
    neilmcl
    In the case of the OP the witness could say it was faster than 5mph.
    Originally posted by AndyMc.....
    Still wouldn't make the blind bit of difference to the outcome.
    • xzibit
    • By xzibit 11th Aug 18, 10:38 PM
    • 479 Posts
    • 115 Thanks
    xzibit
    It appears that you will have to take the blame unless you decide to try and fight then with your witness accounts however I doubt you'll succeed.

    Always reverse into parking spaces. It's far safer to reverse into an empty space than a car park aisle.
    • TooManyPoints
    • By TooManyPoints 12th Aug 18, 1:18 PM
    • 104 Posts
    • 75 Thanks
    TooManyPoints
    It's far safer to reverse into an empty space than a car park aisle.
    Indeed it is. But it's not entirely without its perils. A couple of months ago I saw somebody doing just that, nice and steadily. As he was halfway in a looney sped into the space behind him intending to "drive through" (and thus be safely pointing outwards for his departure). He rear-ended the reversing car and an argument between the two drivers ensued. I left my details with the reverser in case my version of events was needed. I haven't heard anything since.
    • eschaton
    • By eschaton 13th Aug 18, 5:28 PM
    • 1,786 Posts
    • 1,571 Thanks
    eschaton
    OP - you don't have a leg to stand on, but out of interest, did you yourself keep to this 5mph LIMIT at all times whilst in the car park?
    • Car 54
    • By Car 54 13th Aug 18, 10:56 PM
    • 3,202 Posts
    • 1,989 Thanks
    Car 54
    No such thing as 5MPH speed limits.
    Originally posted by Tarambor
    Can you substantiate that?
    • unholyangel
    • By unholyangel 14th Aug 18, 1:11 AM
    • 12,641 Posts
    • 9,955 Thanks
    unholyangel
    Can you substantiate that?
    Originally posted by Car 54
    Have you ever seen a TRO that specifies a 5mph limit? Or a 5mph zone that had compliant signs? In any commons briefs, guidelines, cps guidance, sentencing guidance etc the lowest speed limit you'll find referenced is 20 mph.
    Money doesn't solve poverty.....it creates it.
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