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Contesting Blame Advice


jgrich

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Hi all, im going to be 100% honest here and hope someone can give me some good advice.

 

A few days ago i was in a Tesco car park, about to reverse out of my parking space. I checked my review, started to reverse and was over half way out of the parking space. As i started to turn the wheel a bmw came straight across my path, i broke but in all honesty not soon enough, she came across me too closely for me to stop in time. I backed into the cars side, i am unsure whether it was still moving when i hit it.

 

Having got out it was clear they had moved right over to the other side of the single lane in an attempt to go around me, but had stopped as there is a crossing just after where i was parked. My exhaust (which sticks out the bumper by an inch or two) had hit the bottom of her wing.

 

I was pleasent etc etc and said i was half way out the parking space etc, she simply said it was her right of way and i hit here... rude as you like.

 

Anyway she took my details, i didnt take hers as there was no damage to my car. I told her to get a quote from a garage to see what the cost of repair would be. I said i wouldnt accept liability but if its not too costly i would consider paying cash for an easy life and spare my insurance hassle. She has no witnesses and just drove off.

 

Anyway shes just got back to me, saying she has a receipt for £800 worth or damage. Apparently her wing is also dented and her door is buckled. I find this hard to believe considering impact speed and no damage to my car. However im not in a position to argue with it. She told me the repair agent just needs my insurance details and they will contact my insurance. I just stayed pleasant and told her she needs to tell her insurance shes had an accident and give them my name number and reg. And everything goes through our insurers.

 

So i have a case? Or is it as simple as i backed into her so its my fault regardless?

I just think its so unfair that she came across me, i was so far out the parking space, and feel i couldnt have done anymore more.

 

Decent comments and advice welcome.

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to be fair i think you need her details and to tell your insurance, get drawing the pictures etc and theyll decide whats what (i forsee a knock for knock, she should have stopped after seeing you had not put the brakes on)

 

Is her car completey repaired now then? or shes had £800 of work done on just the bottom of the wing and the door has yet to be sorted? or is it an £800 quote?

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I would tell the insurance. If she's gonna try claiming on your's then when she does they'll know who she is. I imagine they may say its 100% your fault as she had right of way. However, like someone said, do a drawing to show what happened. I imagine the rules for things lik this dont always follow the rules like on the road ( lots of extra corners to turn, people and trolleysto avoid e.t.c) If you say it was clear and she shot around a corner when you were half way out and she tried to swerve around you, that it may be 50/50. If you dont try then you'll never know. Its not like your a complete idiot trying to blag it. Give it a go and see what happens. Good luck. :thumb:
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I would tell the insurance. If she's gonna try claiming on your's then when she does they'll know who she is. I imagine they may say its 100% your fault as she had right of way. However, like someone said, do a drawing to show what happened. I imagine the rules for things lik this dont always follow the rules like on the road ( lots of extra corners to turn, people and trolleysto avoid e.t.c) If you say it was clear and she shot around a corner when you were half way out and she tried to swerve around you, that it may be 50/50. If you dont try then you'll never know. Its not like your a complete idiot trying to blag it. Give it a go and see what happens. Good luck. :thumb:

 

Are you joking?

 

Where are your eyes ( and the OP's) when reversing?

 

I'll tell you where they should be, looking behind you in the direction the car is going.

 

How can reversing into a car not be the OP's fault? Honestly, how?

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I would tell the insurance. If she's gonna try claiming on your's then when she does they'll know who she is. I imagine they may say its 100% your fault as she had right of way. However, like someone said, do a drawing to show what happened. I imagine the rules for things lik this dont always follow the rules like on the road ( lots of extra corners to turn, people and trolleysto avoid e.t.c) If you say it was clear and she shot around a corner when you were half way out and she tried to swerve around you, that it may be 50/50. If you dont try then you'll never know. Its not like your a complete idiot trying to blag it. Give it a go and see what happens. Good luck. :thumb:

 

Sounds sound advice. I know i'll get blame to one degree or another (either part blame/liability or full). I just refuse to take full responsibility easily when she could see i was well out of the parking space and in the turn, but decided to swerve around me. Have told my insurance today and will see what happens from here. Cant be fairer than that really, I’ve been 100% honest with them.

 

 

And Sidrick, i hear what your saying. However i was looking in my rear view the whole time, i can tell you that as i was minding the L200 that was parked behind me but one as i started the turn when it happened. She came across my sight in the mirror, completely un-expectantly, as she was trying to squeeze into an increasingly shrinking gap i was reversing and turning into. But hey, i know as far as insurance goes, i backed into her and its for me to prove otherwise that its not 100% my fault. Wish I had been quicker on the brake, wish I could say I was going slower, but I was easily doing less than 5mph, perhaps close to 2-3 mph. Sods law.

 

Anyway im going to be genuine and honest, and see where it gets me. If insurance decide its 100% my fault, so be it and i'll deal with it.

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  • 8 months later...

my mum had similar thing, reversing out of a parking space doing 2mph, the other woman deliberately moved in her way and her insurance quote claimed the whole of the front chasis had moved over - despite there being no damage to mums car!!!! mum's insurance company argued that how could so much damage be caused when there was no damage to mum's car - was taken to court and mum ended up winning as the other woman was exaggerating the damage to cover previous damage. the judge even accussed her of deliberately getting in the way to get mum to pay for other damage!!

 

Argue the toss mate, only accept liability for what you know you did! how can a 2mph knock cause £800 worth of damage???????

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my misses had similar in may this year...she was reversing out of a space in asda car park taking her time because it was awkward to see with the other parked cars,then this car ran into the side of her car(only damage was a cracked rear bumper on the corner,no panel damage...other car had a broken headlight lense,again no panel damage) so obviously slow speed impact,the other party decide they are going to claim,so put it in the insurers hands. my misses was told by her insurers it was a fault claim as she was reversing out. other party then decided not to claim for damaged headlight but to go for whiplash(passenger aswell) whiplash my ar5e at such a low speed impact but it was worth more to other party than a damage claim, my misses insurers decided they wern't going to fight it but just pay out...probably not what you want to hear,hopefully your insurers will have a set of balls & fight it...good luck
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Its all very well all these people going "ooooo fight it fight it" but its not them who are gonna be dealing with the shite that comes along with it.

 

My advice as a long term driver, take the hit on the chin and move on with the experience used as a lesson.

 

1. Get her details as your insurance company tends to like such things and let them do their job.

2. Learn from your mistake and never walk away from a bump no matter how tiny it is without the other drivers details. (that's just common bloody sense ffs)

3. Unfortunetly for you the responsibility of accident avoidance while reversing out of a parking spot is more or less 90% the responsibility of the driver performing the reversing maneuver. IF IN DOUBT CREEP INCH BY INCH OUT. (look everyone I'm a poet and didn't know it)

4. If for any reason you cant avoid another future occurrence of similar nature be sure to jot down all the details of the incident asap and while still on scene look for any possible witness that may have seen the incident clearly and can give a short description in writing of what they saw.

 

I will say this though, by the description you've gave so far.......... you might aswell goose grease your poop shoot and start whistling "come and have a go if ya think your hard enough" if you think you have a chance of blaming the other driver.

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Its all very well all these people going "ooooo fight it fight it" but its not them who are gonna be dealing with the shite that comes along with it.

 

My advice as a long term driver, take the hit on the chin and move on with the experience used as a lesson.

 

1. Get her details as your insurance company tends to like such things and let them do their job.

2. Learn from your mistake and never walk away from a bump no matter how tiny it is without the other drivers details. (that's just common bloody sense ffs)

3. Unfortunetly for you the responsibility of accident avoidance while reversing out of a parking spot is more or less 90% the responsibility of the driver performing the reversing maneuver. IF IN DOUBT CREEP INCH BY INCH OUT. (look everyone I'm a poet and didn't know it)

4. If for any reason you cant avoid another future occurrence of similar nature be sure to jot down all the details of the incident asap and while still on scene look for any possible witness that may have seen the incident clearly and can give a short description in writing of what they saw.

 

I will say this though, by the description you've gave so far.......... you might aswell goose grease your poop shoot and start whistling "come and have a go if ya think your hard enough" if you think you have a chance of blaming the other driver.

you are quite right: firstly, ALWAYS get the other drivers details and in 90% of cases, the person reversing is always to blame, and it is the insurance company that has to do the work if the want to contest. my mother was in a similar position as jgrich - not a scratch on thiers but somehow almost a grands worth of structural damage on the others from avery low speed impact. the insurance companies can call a stalemate and do 'knock for knock' - not a scratch on yours - sorted!

 

only kittens role over!

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  • 2 weeks later...

Is this Tesco on private or public land?

 

It could alter her ability to claim on your insurance.

 

If it does, it could be a blessing or a curse, her insurer could payout to her and then chase you direct or she could sue you for the repair bill if the insurer says no.

 

I'm no insurance expert, I've based this info on what people and insurance companies have told me in the past.

 

They said you are not insured on private land unless stated in the terms and conditions.

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Is this Tesco on private or public land?

 

It could alter her ability to claim on your insurance.

 

If it does, it could be a blessing or a curse, her insurer could payout to her and then chase you direct or she could sue you for the repair bill if the insurer says no.

 

I'm no insurance expert, I've based this info on what people and insurance companies have told me in the past.

 

They said you are not insured on private land unless stated in the terms and conditions.

if the insurers say no, then she would have no grounds to sue on, as his defense would be the same as the insurances reason for saying no. your quite right that she 'could' sue but wouldn't have a strong case and would just be a desperate plea to the courts, which doesn't really wash.

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