RT collision - Car parked on yellow linesY

IRE60

Near where I live there are a group of shops – it’s on a one way street with parking spots opposite the shops (vaguely perpendicular to the shops on the other site of the road. Directly outside the shops are double yellow lines – you should park in the parking shops provided.

OH went to the shops back into the car, reversed out and nudged off a car parked on the double yellow lines in front of shops. Other car had a bit of panel damage which we have been given a quote for (Mate works as a service manager for a dealership so he will throw the eye over that – that’s not the issue).


Is the car parked on the double yellow in any way contributing – and, if so, should we be stuck with the 100% of the cost.


straws, clutching….

nuac

Mod
Legal advice may not be given here, but subject to that will leave open for general discussion
Thread title amended for clarity

GerardKeating

nuac wrote: »

Mod
Legal advice may not be given here, but subject to that will leave open for general discussion
Thread title amended for clarity

Is Financial Advice permitted, since i reckon Legal costs in "winning" any would vastly exceed the cost of the repair.

Mr. Incognito

Let me get this straight.

Your OH cant reverse and hit a parked car and you want to know if that's the parked cars fault?

No.

Teach your OH to drive or get them a bus pass.

coylemj

Imagine a mother had momentarily left a baby buggy in the same spot while she loaded her shopping into her car and your OH crashed into it - the baby buggy, not her legally parked car. Now reconsider the question you just asked and you have your answer.

Illegally parked car, baby buggy, wheelchair or pedestrian, the answer is the same.

brian_t

Would your mate offer a good rate if the repair was done through his garage.

I love Sean nos

IRE60 wrote: »

straws, clutching….

Indeed. :pac:

IRE60 wrote: »

Is the car parked on the double yellow in any way contributing – and, if so, should we be stuck with the 100% of the cost.

Of course not. The other car could be lying in the middle of the road on its roof. Your OH still can't drive into it.

IRE60 wrote: »

Mate works as a service manager for a dealership so he will throw the eye over that – that’s not the issue

To what end I wonder. Your OH is at fault. You quibble at all and the other party just goes direct to your insurance. That's what I'd do.

jimmycrackcorm

There's no law about having a buggy on yellow lines. If it were me I'd be pushing for 50 / 50.

I love Sean nos

jimmycrackcorm wrote: »

There's no law about having a buggy on yellow lines. If it were me I'd be pushing for 50 / 50.

Based on?

lifeandtimes

In cases such as this the onus is on the driver of the vehicle who cause the impact to be careful and expect the unexpected.

You partner should have had sense to reverse with due care.

The double yellow line argument makes no odds as this just means they can get a ticket for illegal parking which could result in an incident and in this case it did.

Putting aside the car what if it was a kid on a bike standing there, would they be at fault?

Nope so same situation here

The Royal Scam

I thought you are not suppose to reverse onto a main road but this may not be the case, but to add to the double yellow debate.
I was leaving my company premises and due to my view of the road being obstructed by a double yellow parker I clipped a car on the main road. Minimal damage but after some crazy ridiculous claims by the injured party after a few months, my company was being taken to court for a rather substantial amount.
On the day the first thing I did was take photos of the scene and the illegal parker and when he saw me taking pictures of his car he moved it. The injured party called the Garda and he basically mocked me when I told him about the pictures of the car that blocked me view." Yeah send it on and we will get it on crimeline (snigger).
Fast forward 2 years and when it was settling a solicitor called me to get clarification on something and when I brought up the double yellow parker and the picture that he was not aware of it supposedly changed a lot about the case and my company only had to take partial blame and the money was only a small amount of the original cost to us.

billy few mates

jimmycrackcorm wrote: »

There's no law about having a buggy on yellow lines. If it were me I'd be pushing for 50 / 50.

And if it were you that was hit while you were parked (albeit illegally), would you be offering to chip in to pay for the damage to your car...?

brightspark

I'm guessing the type of person who parks on double yellow lines isn't the type of person to offer to pay for the damage someone else caused.

I love Sean nos

The Royal Scam wrote: »

I thought you are not suppose to reverse onto a main road but this may not be the case, but to add to the double yellow debate.
I was leaving my company premises and due to my view of the road being obstructed by a double yellow parker I clipped a car on the main road. Minimal damage but after some crazy ridiculous claims by the injured party after a few months, my company was being taken to court for a rather substantial amount.
On the day the first thing I did was take photos of the scene and the illegal parker and when he saw me taking pictures of his car he moved it. The injured party called the Garda and he basically mocked me when I told him about the pictures of the car that blocked me view." Yeah send it on and we will get it on crimeline (snigger).
Fast forward 2 years and when it was settling a solicitor called me to get clarification on something and when I brought up the double yellow parker and the picture that he was not aware of it supposedly changed a lot about the case and my company only had to take partial blame and the money was only a small amount of the original cost to us.

This should be of interest to you, OP. Just tell the other party this story about a completely different thing that happened to someone else supposedly and they'll have to give you money. Make sure to emphasise that a Garda laughed, because they're not allowed to do that and it makes all the laws reverse.

The Royal Scam

I love Sean nos wrote: »

This should be of interest to you, OP. Just tell the other party this story about a completely different thing that happened to someone else supposedly and they'll have to give you money. Make sure to emphasise that a Garda laughed, because they're not allowed to do that and it makes all the laws reverse.

What is the attitude for?
It is relevant as there is double yellows involved and also you basically are questioning if it is a true story. As for your last part I'm unsure what you a insinuating. Overall your contribution is not very relevant is it?

I love Sean nos

brightspark wrote: »

I'm guessing the type of person who parks on double yellow lines isn't the type of person to offer to pay for the damage someone else caused.

Is anyone?

endacl

OK. Let's look at the facts.

1. Your OH, while driving, collided with a stationary vehicle.

2. ... ... ... No. sorry. Can't come up with anything else.

flutered

the law said back in the day that one cannot hit a parked car, i doubt if this has changed

Snotty

The Royal Scam wrote: »

What is the attitude for?
It is relevant as there is double yellows involved and also you basically are questioning if it is a true story. As for your last part I'm unsure what you a insinuating. Overall your contribution is not very relevant is it?

In your case, the car on double yellow lines my have blocked the oncoming drivers view and so not driving with due care and attention can be argued.
In the OPs case, the other car is parked, so completely different situation.

The Royal Scam

Snotty wrote: »

In your case, the car on double yellow lines my have blocked the oncoming drivers view and so not driving with due care and attention can be argued.
In the OPs case, the other car is parked, so completely different situation.

Yeah that is a fair point but from my point of view I was not claiming it was the same or similar, just that double yellows were involved and in my case it made a difference to my outcome.

I love Sean nos

endacl wrote: »

OK. Let's look at the facts.

1. Your OH, while driving, collided with a stationary vehicle.

2. ... ... ... No. sorry. Can't come up with anything else.

You left out a helpful anecdote about how one time you did something or other.

Claw Hammer

Interestingly enough, in Switzerland, the yellow line parker would be 100% responsible. Anyone guilty of any illegality is liable for the accident. The theory is they should have been there in the first place and if they hadn't ben there, ther would not have been any accident.

jimmycrackcorm

I love Sean nos wrote: »

Based on?

Based on me taking a photo of the car parked on the double yellow lines and telling the owner, you also have the choice of paying the fine and points.

sierra117x

Been on the other side of this. Double parked outside bank one evening and someone back into my (then) brand new car...then tried to drive off.

Anyway the guards, my insurer and his insurer all confirmed he was in the wrong. Someone in the thread used the phrasing car in the middle of the road on it's roof. That was the wording his insurance company chose as well.

threetrees

Rules of the road and insurance are two completely different things. I witnessed a car crashing into a car zooming up the bus lane. Bus lane dude was in the "right" according to the insurance. Cheeky little pup too.

So, your husband would be 100% liable. The guards can choose to do yer man for parking on the double yellows but that's all they can do.

Sorry, not what you wanted to hear!

Claw Hammer

sierra117x wrote: »

Been on the other side of this. Double parked outside bank one evening and someone back into my (then) brand new car...then tried to drive off.

.

Serves you right.

dev100

I love Sean nos wrote:

To what end I wonder. Your OH is at fault. You quibble at all and the other party just goes direct to your insurance. That's what I'd do.

Claw Hammer wrote:

Interestingly enough, in Switzerland, the yellow line parker would be 100% responsible. Anyone guilty of any illegality is liable for the accident. The theory is they should have been there in the first place and if they hadn't ben there, ther would not have been any accident.

It's a strange one everyone hears different stories and different outcomes . Years ago the uncle parked on double yellow lines and a car ran into his car . Guards came and told him your at at fault shouldn't have been there and he had to pony up.

My mates mother was driving up a small town street and a car was parked on double yellow lines and girl parked open the door and it was like a can of sardines being opened up . My mates mother was extremely close to the parked car when she was driving by . Her car was a write off . Anyways guards came and told the girl it's her fault . Her insurance company paid up.

If a fire truck or any other big emergency vehicle needed to get by and scrapped the crap out of your car . I would think you would get no where with a claim .

Sue Pa Key Pa

Gardai do not decide liability.

Claw Hammer

Sue Pa Key Pa wrote: »

Gardai do not decide liability.

Unless it was a guard who hit the parked car.

boardsuser1

If you hit a parked car, illegally parked or not then you are at fault.

The worst they might get is a ticket for illegal parking from the Gardai but unlikely.

CeilingFly

jimmycrackcorm wrote: »

Based on me taking a photo of the car parked on the double yellow lines and telling the owner, you also have the choice of paying the fine and points.

Points for illegal parking? - Did that just come in today?


Also some vehicles are entitled to park on double yellow lines - commercial vehicles may park whilst actively loading/unloading once they are not causing obstruction to traffic.
Doctors & other emergency services on call

and of course BMW drivers once they have their hazards on

Iseedeadpixels

What is it with boards posters who can't give a straight answer without being obnoxious or thanks whoring

"OP your OH cant drive for ****e lolololololol"

NUTLEY BOY

IRE60 wrote: »

Near where I live there are a group of shops – it’s on a one way street with parking spots opposite the shops (vaguely perpendicular to the shops on the other site of the road. Directly outside the shops are double yellow lines – you should park in the parking shops provided.

OH went to the shops back into the car, reversed out and nudged off a car parked on the double yellow lines in front of shops. Other car had a bit of panel damage which we have been given a quote for (Mate works as a service manager for a dealership so he will throw the eye over that – that’s not the issue).


Is the car parked on the double yellow in any way contributing – and, if so, should we be stuck with the 100% of the cost.


straws, clutching….

Some brief observations.

The evidence raises a fair presumption that your OH is liable in negligence. Reversing is one of those operations that you conduct at your peril.

BTW this would not appear to be reversing in to a main road from a minor road as has been suggested. This is reversing from a designated / marked parking place immediately adjacent to the road.

You real question is about contributory negligence. The working principle of contributory negligence is that you must prove that the other party showed a lack or want of care for their own safety and wellbeing and thus contributed to their loss. Whilst I hate the "I can park on double yellows with impunity because they don't apply to me" brigade the evidence does not suggest that the other party's parking contributed to the accident. I might take a different view if their parking was wholly unreasonable.

I love Sean nos

jimmycrackcorm wrote: »

Based on me taking a photo of the car parked on the double yellow lines and telling the owner, you also have the choice of paying the fine and points.

Any evidence that this has worked?