Car crashed into me, they're not accepting liability.

yer man!

I was reversing out of a space in a car park a few days ago, perpendicular to the road. Before I moved, I checked both sides, on my left a car was stopped and picking people up and had indicated that she was pulled in. On my right a car beckoned me to move out, so no cars were moving at this point. I began moving slowly, checking my left again (car was still stationary) checked my right again (car still stationary). When my car was across both lanes of traffic nearing the end of my manoeuvre, the car to my left moved off and hit the front of my car to the left. She has damage to the front of her car and I have damage to mine. She's not accepting liability and is pursuing insurance. I called my insurance company and I'm waiting for them to get back to me. It's my first accident, does anyone know what happens next? if my innocence cannot be proved what happens?

Stheno

yer man! wrote: »

I was reversing out of a space in a car park a few days ago, perpendicular to the road. Before I moved, I checked both sides, on my left a car was stopped and picking people up and had indicated that she was pulled in. On my right a car beckoned me to move out, so no cars were moving at this point. I began moving slowly, checking my left again (car was still stationary) checked my right again (car still stationary). When my car was across both lanes of traffic nearing the end of my manoeuvre, the car to my left moved off and hit the front of my car to the left. She has damage to the front of her car and I have damage to mine. She's not accepting liability and is pursuing insurance. I called my insurance company and I'm waiting for them to get back to me. It's my first accident, does anyone know what happens next? if my innocence cannot be proved what happens?

Did you reverse out onto a public road?

yer man!

Stheno wrote: »

Did you reverse out onto a public road?

It was in a car park on private property.

Doom

Did you take photos....may help your side of the story.

squod

Should probably get the CCTV footage so.

Stheno

yer man! wrote: »

It was in a car park on private property.

Op post states that at one point their car was across both lanes of traffic, I presume on the road?

If it was in a car park it's one thing, but reversing out onto a road is illegal, according to an insurance assessor I dealt with a couple of years ago.

johndaman66

Did she accept liability at the scene and then do a u-turn or did ye both dispute liability at the scence? Were the Guards called to take statments? By right they should have being if no party is accepting liability and indeed they should be called regardless. Any witnesses to the accident you got contact details from?

yer man!

Stheno wrote: »

Op post states that at one point their car was across both lanes of traffic, I presume on the road?

If it was in a car park it's one thing, but reversing out onto a road is illegal, according to an insurance assessor I dealt with a couple of years ago.

It wasn't a public road anyway, guards were there, they said it's up to the insurance company.

It's just it was plainly obvious there was an obstruction on road (me) for me to complete my manoeuvre. She pulled off and went into the front side of my car.

fasttalkerchat

It looks like you're in the wrong for reversing there. The one thing that might save you is if its not a main road/public road. What was the speed limit?

yer man!

johndaman66 wrote: »

Did she accept liability at the scene and then do a u-turn or did ye both dispute liability at the scence? Were the Guards called to take statments? By right they should have being if no party is accepting liability and indeed they should be called regardless. Any witnesses to the accident you got contact details from?

Guards were not happy to be called to this, ( I didn't call them ). She never accepted liability, she didn't know what had happened..... she said she had stopped to pick people up and then moved off and said I drove into her despite a my car's tyre mark being on the front of her car.

Witness unfortunately had walked off before I could even ask him for his contact details....

Stheno

yer man! wrote: »

It wasn't a public road anyway, guards were there, they said it's up to the insurance company.

It's just it was plainly obvious there was an obstruction on road (me) for me to complete my manoeuvre. She pulled off and went into the front side of my car.

Your op says you were

reversing out of a space in a car park a few days ago, perpendicular to the road
then

When my car was across both lanes of traffic nearing the end of my manoeuvre

So where were you? Reads to me like you reversed onto a road obstructing two lanes of traffic.

yer man!

fasttalkerchat wrote: »

It looks like you're in the wrong for reversing there. The one thing that might save you is if its not a main road/public road. What was the speed limit?

But my way was clear and it was safe to do so, with all vehicular traffic stopped at the time. If this is the case then anyone who reverses from a space is in the wrong. speed limit was like 15 km\h.

yer man!

Stheno wrote: »

Your op says you were

So where were you? Reads to me like you reversed onto a road obstructing two lanes of traffic.

it was a normal car park road with perpendicular car parking spaces. For me to get out of that space I had to reverse out to the other side of the road as my car is more than 2 metres in length..... My way was clear, nobody was moving (I was beckoned) and it was safe.

beaner88

On a side note, why the hell were the Gardai called to a little bump between two cars in a private car park. Leave them alone to get on with some real work.

Stheno

yer man! wrote: »

But my way was clear and it was safe to do so, with all vehicular traffic stopped at the time. If this is the case then anyone who reverses from a space is in the wrong.

It's a penalty point offence not to obey rules when reversing e.g. going from a minor road to a major one.

Same interpretation could apply to you.

http://www.rsa.ie/Documents/Licensed%20Drivers/Penalty%20Points%20Chart1.pdf

amdublin

I'm confused. Did the accident occur in a carpark or on a road?

goat2

you reversed onto the road, i dont think it is her fault,
why did she say she was accepting responsibility,

yer man!

beaner88 wrote: »

On a side note, why the hell were the Gardai called to a little bump between two cars in a private car park. Leave them alone to get on with some real work.

I didn't call them, other party did.

Stheno

yer man! wrote: »

it was a normal car park road with perpendicular car parking spaces. For me to get out of that space I had to reverse out to the other side of the road as my car is more than 2 metres in length..... My way was clear, nobody was moving (I was beckoned) and it was safe.

Ah ok, it was in a car park so.

You'll have to follow it up with your insurance so.

Report the accident to them, and let the assessors decide who is liable.

Did you get the other persons details?

Alanstrainor

I reckon this is going to boil down to your word against theirs. I can see 50/50 being the outcome.

yer man!

amdublin wrote: »

I'm confused. Did the accident occur in a carpark or on a road?

In a car park, the movement road throughout the car park was what i was reversing out onto. It was a basic supermarket car park. She began moving when my car was in the middle of this "road" so I was a clear obstruction. It was very low speed, not much damage.

gozunda

OP

All insurance companies insist that you must not accept liability or else the insurance cover may be invalidated.

Draw up a good diagram. Take photograhs . Get whatever witnesses you can and send all info to the insurers. It's normal for the insurance companies to make the call on liability tbh.

BostonB

beaner88 wrote: »

On a side note, why the hell were the Gardai called to a little bump between two cars in a private car park. Leave them alone to get on with some real work.

Unclear to me it was a private car park. I think he revered from a car park onto the public road.

The Big Red Button

yer man! wrote: »

it was a normal car park road with perpendicular car parking spaces. For me to get out of that space I had to reverse out to the other side of the road as my car is more than 2 metres in length..... My way was clear, nobody was moving (I was beckoned) and it was safe.

It's not relevant whether or not you were beckoned! It's your own responsibility to make sure your path is clear.

In your position, I'd have waited until the car letting people out had moved on. As, by the sounds of it, you were still in the parking space waiting to move out - they were on the 'road' (even if it was a private car park.) You should have waited until the space you were reversing out onto was clear. Whether or not you were 'beckoned' out before then!

antodeco

Hang on. I'm reading this from the replies. If you are reversing out of a space, when it is safe to do so, and I come along and drive into you, you're at fault, not me? That doesn't seem right. If the way was clear to reverse, then surely the OP had every right to do what they were doing?

beaner88

BostonB wrote: »

Unclear to me it was a private car park. I think he revered from a car park onto the public road.

My point would still stand. Exchange details, take pictures and move on with your day. I certainly wouldn't be hanging around once details were exchanged and the Gardai were called.

yer man!

Stheno wrote: »

Ah ok, it was in a car park so.

You'll have to follow it up with your insurance so.

Report the accident to them, and let the assessors decide who is liable.

Did you get the other persons details?

Ya I contacted my insurance company and they said they'll take it from here, the damage is even less than the excess I just don't want to lose my no claims, she just broke a fog light, €30 damage tops but she wanted to go through insurance so...

Stheno

yer man! wrote: »

In a car park, the movement road throughout the car park was what i was reversing out onto. It was a basic supermarket car park. She began moving when my car was in the middle of this "road" so I was a clear obstruction. It was very low speed, not much damage.

Just read your OP again.
So you were in a private car park.
There was a car pulled in in the regular driving lanes picking someone up.
You reversed out as you believed your way to be clear, the car that was in the regular driving lanes started moving and you collided as you were reversing.

Is that correct?

BostonB wrote: »

Unclear to me it was a private car park. I think he revered from a car park onto the public road.

Nah see later posts

yer man!

antodeco wrote: »

Hang on. I'm reading this from the replies. If you are reversing out of a space, when it is safe to do so, and I come along and drive into you, you're at fault, not me? That doesn't seem right. If the way was clear to reverse, then surely the OP had every right to do what they were doing?

That's what I argued, she went very silent and just said she'll contact the insurance, the guard was very confused too as it's as clear as day she drove into me...

BostonB

Shes an idiot. It will be 50:50 though you if I was I'd keep an eye on the insurance that they don't settle with out asking you. Then you'll both lose out on excess/no claims etc. Win win for the insurance company.

yer man!

Stheno wrote: »

Just read your OP again.
So you were in a private car park.
There was a car pulled in in the regular driving lanes picking someone up.
You reversed out as you believed your way to be clear, the car that was in the regular driving lanes started moving and you collided as you were reversing.

Is that correct?



Nah see later posts

Ya she was pulled in, indicator on, people getting in, I kept an eye on her and when my car was fully out of the space she started moving....

yer man!

BostonB wrote: »

Shes an idiot. It will be 50:50 though you if I was I'd keep an eye on the insurance that they don't settle with out asking you. Then you'll both lose out on excess/no claims etc. Win win for the insurance company.

What if I don't actually claim and fix it myself as I only have body work damage.

Merch

I read the thread expecting to think you (the OP) was wrong as I've seen so many scenarios where people just aren't paying attention incar parks.

In this case, I think the OP is right but think it will come down to the insurance company's decision?

Sounds like ( I interpret it) as it all happened in a private car park.
OP see if there's CCTV footage,
Had you completed your reverse maneuver?

So this other party, stopped to drop off people and then proceeded on her way and didn't check to see if all was clear and then didn't notice a car in the middle of the road (lane of private car park) and hit it?

If people like that cant observe changing conditions and react accordingly then I dont think they should be driving.

Shame you dont have a witness.

fasttalkerchat

You need to get the right language into your story before giving a full account to your insurance company (if you have not already done so).

You were in a car park, not a road.
You did not move out because you were beckoned; you moved out because it was safe to do so.
You weren't "nearing the end of my manoeuvre"; you had come to a complete stop, with the handbrake on, looking in the rear view mirror, preparing to move off.

Note: Don't say any of those things if they are not true, but if this is how it happened these changes make all the difference to whether or not your insurer will pursue the case.

BostonB

Stheno wrote: »

...
Nah see later posts

They all posted at the same time. I know now....;)

Stheno

yer man! wrote: »

Ya she was pulled in, indicator on, people getting in, I kept an eye on her and when my car was fully out of the space she started moving....

Report it to your insurance company, like other posters though I suspect it will be 50/50

Get quotes to see how much the damage is to your car, not worth claiming if it's less than €500 quid, same with the other persons car.

yer man!

fasttalkerchat wrote: »

You need to get the right language into your story before giving a full account to your insurance company (if you have not already done so).

You were in a car park, not a road.
You did not move out because you were beckoned; you moved out because it was safe to do so.
You weren't "nearing the end of my manoeuvre"; you had come to a complete stop, with the handbrake on, looking in the rear view mirror, preparing to move off.

Note: Don't say any of those things if they are not true, but if this is how it happened these changes make all the difference to whether or not your insurer will pursue the case.

Thanks. I just feel so awful, it's my mother's car like... the guard felt really sorry for me...

yer man!

Stheno wrote: »

Report it to your insurance company, like other posters though I suspect it will be 50/50

Get quotes to see how much the damage is to your car, not worth claiming if it's less than €500 quid, same with the other persons car.

So could we both drop the case and repair ourselves and keep the no claims bonus?

amdublin

I'd suggest you use the word "lane" instead of "road"

Stheno

yer man! wrote: »

What if I don't actually claim and fix it myself as I only have body work damage.

You've still got the other drivers potential claim. What was the damage to their car?

yer man!

Stheno wrote: »

You've still got the other drivers potential claim. What was the damage to their car?

A fog light and a pushed in bumper, it's not even scratched....

Stheno

yer man! wrote: »

A fog light and a pushed in bumper, it's not even scratched....

That could turn into an expensive claim, especially if there is damage behind the bumper etc that is not yet visible.

What car was the other person driving?

fasttalkerchat

yer man! wrote: »

So could we both drop the case and repair ourselves and keep the no claims bonus?

Now that you have spoken to the insurer you will have to declare an accident. You will keep the NCB but will have to declare the accident so your premium will still go up.

Stheno

fasttalkerchat wrote: »

Now that you have spoken to the insurer you will have to declare an accident. You will keep the NCB but will have to declare the accident so your premium will still go up.

Not necessarily I'd one I settled myself and reported to the insurance company (it was about 179 in damages) No impact on my premium, shows up as a self settled claim on my NCB

yer man!

fasttalkerchat wrote: »

Now that you have spoken to the insurer you will have to declare an accident. You will keep the NCB but will have to declare the accident so your premium will still go up.

Guard said that the premium will not increase unless the insurance company has to physically pay out money.

fasttalkerchat

Stheno wrote: »

Not necessarily I'd one I settled myself and reported to the insurance company (it was about 179 in damages) No impact on my premium, shows up as a self settled claim on my NCB

I tried it out for myself on comparethemarket and it costed me a bit... not as much as losing the NCB.
Maybe for lower risk drivers it would incur no premium increase.

goat2

now i see what you are saying, it all happened in the carpark, you were reversing out of your carspace onto the drive lane,
usually when i am driving in one of those parks, i look out for reversers as i know they cannot see me alot of the time coming up behind them,
she was not being careful,
of course car parks are a place we all sometimes reverse out of spaces on to the drive lane in the car park,
but equeally we expect others to be reversing out and are careful not to hit into someone reversing out of their spot when we are in the drive lane of park,
i think it could be 50/50

goat2

is it easy get second hand parts for the car, so it should cost little,
is it a new or old car

Stheno

fasttalkerchat wrote: »

I tried it out for myself on comparethemarket and it costed me a bit... not as much as losing the NCB.
Maybe for lower risk drivers it would incur no premium increase.

Perhaps, I was in my mid thirties and had three years NCB when it happened, and it was a tiny claim

goat2 wrote: »

now i see what you are saying, it all happened in the carpark, you were reversing out of your carspace onto the drive lane,
usually when i am driving in one of those parks, i look out for reversers as i know they cannot see me alot of the time coming up behind them,
she was not being careful,
of course car parks are a place we all sometimes reverse out of spaces on to the drive lane in the car park,
but equeally we expect others to be reversing out and are careful not to hit into someone reversing out of their spot when we are in the drive lane of park,
i think it could be 50/50

I'd agree.

yer man!

goat2 wrote: »

is it easy get second hand parts for the car, so it should cost little,
is it a new or old car

four years old, I don't care about the damage, the no claims is worth nearly €3000 to me!!! (Named driver on mum's insurance). I could see her dropping it. If the insurance companies come back with 50/50, can we just drop the case and have no policy affected in anyway, we both go our separate ways and fix the cars ourselves?

Stheno

yer man! wrote: »

four years old, I don't care about the damage, the no claims is worth nearly €3000 to me!!! (Named driver on mum's insurance). I could see her dropping it. If the insurance companies come back with 50/50, can we just drop the case and have no policy affected in anyway, we both go our separate ways and fix the cars ourselves?

No the claim will still be registered with the insurance company even if you settle yourself.

What was the other drivers car?