Advice on a small fender bender...

dazzday

Had a very minor tip today in my estate with my neighbor.

Damage is minor on both cars; bumper has popped off abit and a scratch above my wheel arch, a small dent and scratch on the rear of my neighbors car (indicated where the star is)

Not overly bothered about my car (its had its fair share of scratches), however his is a new car that was collected from the dealer today. He is claiming I am responsible as where the bump happened his car was further out on the road and had the right of the road (?). He is looking for me to pay part of the repair as gesture of good will.

Honestly for the sake of not falling out with them if its a small bill i will likely pay some towards it just to keep the peace.

But something doesn't sit right with his argument;

Firstly he was not there, his wife was driving the car. Based on where the damage is on my car (over the wheel arch) , she hit me. I barely had cleared the pavement with my back wheels where she hit me - not she understood the turning circle of the new car here! Only witness was her son, who shouted at her to stop when he saw me reversing and he thinks its much of muchness at whose fault it is. And the only thing she said when i got out of the car was "Where did he come from?", and then blamed the bushes outside my house that she didn't see me.

Am i going mad here or does this seem a weak argument on his side?


I'm the blue car, neighbor the red.

KaneToad

Were you/your neighbour reversing ?

Edit: re read it...you were reversing. What about your neighbour?

Wildly Boaring

Were you both moving at impact?

irishgrover

Non Provable Theory #1 from random internet person: Based on the relative location of both cars (and all other things being equal), she had begun her reverse prior to you. As a consequence you should have seen her car when you started your reverse....

antodeco

Who was reversing?

If both of you, it looks as if the red car was already on the road and completing it's manoeuvre before the blue car started to reverse (basing this on distance travelled from.exit of driveway).

meathstevie

I think your neighbour may be right if the sketch is correct. When manoeuvring you must give way to all traffic already in the road.

dazzday

Yep we were both reversing and moving at time of impact.
Sketch is not professionally done (:p )but would be roughly correct.

Due to the very narrow driveways and the huge amount of cars parked on curbs etc on the estate (there would usually be one directly behind me...not in this case though) i would crawl out of the driveway and then swing as early as i can to ensure i am clear. When i checked my mirrors when i started the reverse she was not moving and still in her driveway ( I didn't even identify that she was in the car and it was on) but sure hearsay is hearsay!

Thanks for feedback! As i said before i will likely split the bill to keep the peace. Just based on the sons reaction and where my car was impacted i definitely thought is seemed alot more 50/50 then it seems.

Wildly Boaring

Both moving. Both reversing.

50 50 to me.

AfterLife

I would be tempted to let the insurance companies sort this out. If you have step back no claims bonus insurance it could be much cheaper if they find against you or even paying 50/50 on damage to a new car.

Wildly Boaring

Also if you do agree to pay, make sure you know how much you are agreeing to.

He could go looking for new bumper or wing outta this.

Jennehy

The dildo will be coming out anyway for sure. The size of it unknown.

Del2005

dazzday wrote: »

Yep we were both reversing and moving at time of impact.
Sketch is not professionally done (:p )but would be roughly correct.

Due to the very narrow driveways and the huge amount of cars parked on curbs etc on the estate (there would usually be one directly behind me...not in this case though) i would crawl out of the driveway and then swing as early as i can to ensure i am clear. When i checked my mirrors when i started the reverse she was not moving and still in her driveway ( I didn't even identify that she was in the car and it was on) but sure hearsay is hearsay!

Thanks for feedback! As i said before i will likely split the bill to keep the peace. Just based on the sons reaction and where my car was impacted i definitely thought is seemed alot more 50/50 then it seems.

Where neither of you checking behind you when reversing? You didn't see a car in the road and she got shouted at to stop. What where you looking at that you didn't see the car moving behind you?

As she was already in the road you should have waited, so your fault unfortunately.

ted1

You should always reverse in. No idea who’s legally at fault. I’d say it’s 50/50

myshirt

Don't work as a solicitor anymore, but I've seen lesser incidents result in 10k injury awards, so the repairs are the least of your worries here.

Let the insurance sort it.

browner85

Let it go through your insurance

If it ends up a small claim I think you can repay the costs to your insurance company without affecting your ncb (open to correction here )

happywithlife

We had a "small fender bender" here recently
So far our car has cost 5.5k and still awaiting their claim

housetypeb

Hasn't the neighbor crossed the center of the road onto your side? She hit you.

Alanstrainor

Wildly Boaring wrote: »

Both moving. Both reversing.

50 50 to me.

I'd agree here. Both cars reversing, neither has right of way. And if this diagram is correct, the neighbour managed to reverse onto the wrong side of the road in the process, and still hit you. Either way, this won't play out well imo, I think I'd let the insurance companies handle it as repairing a brand new car ain't gonna be cheap!

Borderfox

I had something similar but instead of reversing both of us were driving out, I was the red car and was found to be in the wrong as I was crossing the centre divider to get to my lane

ba_barabus

I'm assuming this is in an estate so most likely there isn't a central divide.

OP I'd pass this to the insurance company. It's a new car and they won't want a cheap job done. It also distances you from any issues around the repairs.

_Brian

If you were both reversing it’s 50:50

I wouldn’t get involved in paying anything as it’s somewhat of an admission of increased liability. What if she’s back next week with a sore neck and you’ve committed to more than 50:50

Isambard

i'd say she was reversing out and you reversed into her path. Poor observation all round.

conor2469

I'd agree with everyone else saying that its 50:50 and let insurance handle it. But I cannot help that feel that if she was looking where she was reversing then she wouldn't have hit you. Your car appeared directly behind her yet she still drove back into you.

Eggs For Dinner

Let your insurers look after it. By way of clarification, a 50/50 settlement means you pay half of her damages and she pays half of yours. It does not mean each look after their own

The Royal Scam

Did you get pictures of the cars position at time of impact by any chance. That may be important. A couple of years ago it saved my company an 80k claim after I had taken a picture of a third party involoved in a relatively small accident I had outside my company premises.
Also unless you know and trust this neighbor , I would deal through insurance.

Stallingrad

My 2c, not to be confused with the actual outcome. You put yourself in her path but she reversed into you, therefor I would place her at fault. If she had been looking out the back of her car she would have seen you emerge and stopped.

ohnonotgmail

Stallingrad wrote: »

My 2c, not to be confused with the actual outcome. You put yourself in her path but she reversed into you, therefor I would place her at fault. If she had been looking out the back of her car she would have seen you emerge and stopped.

If the OP has looked in their side mirror they probably would have seen her and stopped.

Del2005

ohnonotgmail wrote: »

If the OP has looked in their side mirror they probably would have seen her and stopped.

If either of them had used their mirrors they would have seen the other car. Lucky for both of them that they hit a car when reversing in an estate without paying attention.

ohnonotgmail

Del2005 wrote: »

If either of them had used their mirrors they would have seen the other car. Lucky for both of them that they hit a car when reversing in an estate without paying attention.

exactly. this has to come down to a 50-50