Crash today - who's to blame?

[gixxer1000]

Woke up with a spring in my step this morning as it's my birthday and I was heading out to Fernhurst Motors to pick up my Cerbera, which was in for an MOT. My smiles didn't last however as I had a bump with another car. Here's what happened:

* I was pulling out of Fernies, turning right onto the main road.
* I am always very cautious at this junction so I waited until the road was completely clear on both sides and started to make my turn, with indicator flashing
* I was part-way across the road when a Lexus started reversing out of a side-road onto the main road, heading straight for me.
* I hit the brakes and beeped my horn, but he kept coming and reversed right into the front of my now stationary car.

How are the insurance companies likely to view this?
Given that I was stationary at the time of impact and he just kept reversing, meaning he could not have been looking properly, surely he was in the wrong. That said, I fear they'll take the easy 50/50 option, which will see me out of pocket a considerable amount (£500 excess plus increased premiums for the next 5 years!).

Unfortunately there were no witnesses so goodness knows what his side of the story will come out like.

Any thoughts advice welcomed.

gixxer

[2 Smokin Barrels]

Tricky, if there were no independent witnesses.

What did the other driver say? Did they seem reasonable? Did you take any digital pictures?

The highway code does say never reverse from a minor to a major road.

Good luck & happy birthday!


>> Edited by 2 Smokin Barrels on Sunday 27th February 21:50

[PetrolTed]

Stick to your guns. Anyone reversing into a main road is going to have a tough time defending their actions unless they completely fabricate their story.

Hope you get it sorted quickly.

[Pies]

I reversed out onto the main road once,all blame was put down to me.You're not supposed to reverse onto a main road

[birdbrain]

YOU are to blame.

You drive a car and are therefore EVIL and SELFISH. You are PERSONALLY destroying the planet and you deserve everything that happens to you.



Sorry, the little green men took me over then for a minute...

Seriously, I would definitely stick to your guns. If he's reversing he should be looking and he clearly wasn't. A van once reversed into me and then tried to blame me for it.

>> Edited by birdbrain on Monday 28th February 08:15

[gixxer1000]

2 Smokin Barrels said:

What did the other driver say? Did they seem reasonable? Did you take any digital pictures? >> Edited by 2 Smokin Barrels on Sunday 27th February 21:50

The other guy said nothing. Clearly well versed in the "regardless of obvious blame, do not admit anything at the scene" school of motoring accidents.

Neither of us had a camera to hand either unfortunately!

gixxer

[Davel]

Sorry to hear of the bump and no doubt the guy will say that he was not reversing at all and you bumped into him.

Pity no witnesses and no camera.

Sadly it may end up 50:50 despite the fact that it wasn't your fault.

[kevinday]

What, no witnesses from Fernies?

[Huntsman_]

Section 177 of the highway code:

"Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can. "

Okay, so it doesn't have "You MUST NOT" in bold red letters, but stick to your guns, methinks...

[Davel]

The question though is whether the pratt, who was reversing, has the decency to own up to doing just that.

If he does then it should be his fault...

[gixxer1000]

kevinday said:

What, no witnesses from Fernies?

Unfortunately not. It was Sunday morning and I was the only customer on site. Simon was off picking someone up from the station (I think) and Drew had just walked through into the workshop to move a car around to the front.

gixxer

[dilbert]

I think the stationary part has it. It's a shame you havn't got anyone to back that up (if you'll pardon the pun).

I can't think of a circumstance where one is stationary, get's hit, and is then at fault.

This is especially true in a "speed kills culture". Sad part is that no-one would ever get anywhere. The insurance companies would make a killing though!

[dilbert]

.....Except the T-Bone.

[gixxer1000]

Just been called by the coachworks and the damage will take around £3000 to put right! Amazing from what was a pretty innocuous low speed bump, but it turns out the bonnet has split and the hinge is busted, so there's a bunch of fibreglass work required there. That, together with a front-end re-spray, comes out at around £1700 in labour and the best part of £3k in total.

I really hope the other guy just tells it like it happened and the insurance companies agree he was at fault. That's my only hope of ever seeing my £500 excess again.

gixxer

[richb]

gixxer1000 said:

kevinday said: What, no witnesses from Fernies? Unfortunately not. It was Sunday morning and I was the only customer on site.

You mean there were no other Pistonheads types browsing around the forecourt, most strange on a bright Sunday morning, I am sure there would have been one or two Rich...

[J_S_G]

gixxer1000 said:

Unfortunately there were no witnesses so goodness knows what his side of the story will come out like.

Are you really, REALLY sure that noone saw it? You might want to have a word with Fernies and see if anyone just happened to be looking out of the window. Or if, as mentioned in another post, someone off PH was coincidentally browsing round at the time, and saw it from a not-too-close yet not-too-far distance. Worth checking, I'd say.

[shnozz]

depends on area of damage to the vehicles. If your damage is to the side and the third party to the rear, it supports the fact that you were established on the major road and the third party at fault. If you were hit at the front of the car, either parties version could be accepted (ie both of you say you were on the major road first) and a likely 50/50