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

yer man! · 09-12-2012 11:54PM #1

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 · 09-12-2012 11:57PM

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! · 09-12-2012 11:58PM

Stheno wrote: »

Did you reverse out onto a public road?

It was in a car park on private property.

Doom · 10-12-2012 12:00AM

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

squod · 10-12-2012 12:01AM

Should probably get the CCTV footage so.

Stheno · 10-12-2012 12:01AM

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 · 10-12-2012 12:02AM

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! · 10-12-2012 12:04AM

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 · 10-12-2012 12:08AM

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! · 10-12-2012 12:08AM

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 · 10-12-2012 12:09AM

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! · 10-12-2012 12:10AM

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! · 10-12-2012 12:13AM

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 · 10-12-2012 12:15AM

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 · 10-12-2012 12:15AM

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 · 10-12-2012 12:16AM

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

goat2 · 10-12-2012 12:16AM

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

yer man! · 10-12-2012 12:16AM

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 · 10-12-2012 12:16AM

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 · 10-12-2012 12:17AM

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

yer man! · 10-12-2012 12:18AM

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 · 10-12-2012 12:19AM

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 · 10-12-2012 12:19AM

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 · 10-12-2012 12:19AM

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 · 10-12-2012 12:20AM

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 · 10-12-2012 12:20AM

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! · 10-12-2012 12:20AM

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 · 10-12-2012 12:21AM

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! · 10-12-2012 12:22AM

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 · 10-12-2012 12:23AM

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! · 10-12-2012 12:23AM

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....

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

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