Someone just crashed into my girlfriend...

[wtd]

OK the missus just had a smash in the car and was worried she was to blame. I personally cannot see how this is even possible for her to be at fault.

The guy in the other car (car a) got out and started screaming and shouting at her for a bit, which isn't really cricket..

Anyway, missus waiting to turn right from main road into side street. All clear so she goes.

As she gets 3/4 of the way through the turn the guy to her right (as you sit in the car) reverses to get out of a tight spot and smashes up our back right wing and alloy wheey

Can anyone else either help put her mind at ease or confirm anything legally?

At the end of the day, doesn't really matter as everyone is OK and we're insured so it will get fixed, but the missus needs to calm down a little and won't listen to me...

Cheers all.

Oh ps shoddy diagram attached

Oh and she was in Car B, divvy who hit her was in Car A and Car C was blocking the way out for Car A to drive..

Oh also the white blobs are showing the windscreens..



Thanks again

>>> Edited by wtd on Monday 13th December 23:27

[JonRB]

Seems a clear case of Car A forgetting what his mirrors are for and hitting Car B whilst it was innocently minding its own business.

So, given that anyone with half a brain can see that, I'd expect a lame 50:50 knock-for-knock from the insurance companies.

(Which, obviously, you contest)

>> Edited by JonRB on Monday 13th December 23:36

[bluepolarbear]

JonRB said:

Seems a clear case of Car A forgetting what his mirrors are for and hitting Car B whilst it was innocently minding its own business. So, given that anyone with half a brain can see that, I'd expect a lame 50:50 knock-for-knock from the insurance companies. (Which, obviously, you contest) >> Edited by JonRB on Monday 13th December 23:36

Too easy for the other guy to claim he was reversing and she turned into him not looking to her right (as you wouldn't expect him to be reversing)

[wtd]

I see what your saying here.

There is a witness who saw the whole thing, but trouble is he's around 15/16 years of age, waiting for a bus by car C.

Does a lower age limit come into play for witnesses?

[parrot of doom]

Your GF had right of way. Open and shut case.

[rich-uk]

Should car A be parking so close to a junction, is there rule to say he can't?

[BlackStuff]

If you're reversing you give way to everybody. Story, end of...

[ATG]

Car A entirely at fault. For example, how could car A reasonably expect your g/f to see his reversing lights?

[mybrainhurts]

If he got your rear end, your manoeuvre was almost complete, so why's the idiot shouting?

Don't accept a 50:50...it'll go against your no claims bonus.

I won after a nine month argument, during which time a claims management company acting for me(!) did their damndest to get me to accept one.

Get photos of your damage and the scene.

[kevinday]

I recommend you immediately write to your insurer instructing them not to accept any fault on your part, it is clearly the driver of car A at fault.

I would also talk to the police, driver A may well be considered for dangerous or careless driving because he was reversing across a junction.

Did your g/f get his insurance details?

[wtd]

Thanks guys, the back wheel arch near side was smashed in as was the back right wheel. His rear offside bumper was crashed in.

The witness gave his mobile number (as he had to dash for a bus) but has given his name and addy which is a good thing

Cheers all

[safespeed]

wtd said:

OK the missus just had a smash in the car and was worried she was to blame. I personally cannot see how this is even possible for her to be at fault.

I'd be worried too. The problem with this crash from your point of view is that it's perfectly possible to create the damage WITHOUT the other car reversing.

Worse even than that - if we had ten similar sets of damage from ten similar crashes, in 9 of them the other car wouldn't have reversed at all.

If the other guy denies reversing, I'd say you're likely to lose "on a balance of probabilities" unless your witness is absolutely unequivocal that the other car reversed.

It may however be possible to prove that the other car was reversing from the damage to your wife's car. If he was reversing we'd expect the damage to be deeper. It might also be possible to determine that the degree of intrusion increased during the accident faster than it could have done if the other vehicle was stationary. The bottom line here is that a report analysing the damage to your wife's car by an accident investigator may enable you to win the case.

Good luck!

[supraman2954]

rich-uk said:

Should car A be parking so close to a junction, is there rule to say he can't?

The HWC states you can't park "opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space". However, this is not a legal requirement but it may be used as evidence in any court proceedings under Traffic Acts to establish liability.

WTD, was the offender parked in an unauthorised area within 10 meters of the junction? (must have been judging by your fabulous picture )

[safespeed]

supraman2954 said:

WTD, was the offender parked in an unauthorised area within 10 meters of the junction? (must have been judging by your fabulous picture )

Not "must have been" - no. We'd have to know he wasn't just queueing in traffic first.

[spaximus]

I think it is not your Gf fault at all. As on the insurance the commemts are correct you must take posotive action to tell them what you want. I was run into on a roundabout in France, not my fault, my insurance wrote to hers in English they replied in french, after 12 months of this the insurance wanted to put the claim on me as they were getting nowhere with the french lot. I stuck out and in the end they let it drop on economic terms but I got a letter to say that they had paid out a claim under circumstances were they had not recovered the money but it was not my fault. If you roll over they will take the easy option every time.

[KITT]

Well, a friend of mine had a very similar crash where he was waiting to turn right (like your missus). He began to make the turn, as the road ahead was clear but, a guy coming up behind decided to overtake at this point and hit my friend side on. Insurance deemed it a 50:50 as apparantly my friend shouldn't have made the turn without checking his mirrors!

[Davel]

Always best to keep a disposable camera in the car for things like this.

Agree car A should not park by a junction and didn't look before reversing anyway and I think that your girlfriend had right of way.

Wonder if insurers will go for knock for knock even though, in my view, the driver of car A is a prize pratt!

May be worth telling the police in view of his attitude to your girlfriend - there really is no need to swear and scream at her....

[tonyhetherington]

While I am completely with the majority here in that it is not your GF fault, I'm trying to understand how the guy managed to hit your g/f?

Admittedly it is just a drawing, but using it as a basis for what I am trying to get across......how did the guy manage to get close enough to your GF car? What I am asking is did she turn 100% correctly - i.e, was she COMPLETELY on her side of the road? I'm not suggesting blame, merely thinking of what his insurance company will say that if he backed up he'd only be obstructing the left hand lane of the lower road.

Just a thought...

[anniesdad]

JonRB said:

Seems a clear case of Car A forgetting what his mirrors are for and hitting Car B whilst it was innocently minding its own business. So, given that anyone with half a brain can see that, I'd expect a lame 50:50 knock-for-knock from the insurance companies. (Which, obviously, you contest) >> Edited by JonRB on Monday 13th December 23:36

Couldn't have put it better myself.

[wtd]

Hey guys, he was definately reversing as was too close to the car in front (they all park to go into the shops) so pulled back to give themselves room to pull out.

It's a double yellow line there, and there were cars parked on both sides of the road that the missus was turning into, as such she was as far over to the left of the road (the correct side) as she could.

Thanks for all the input so far, I'll keep you all posted

Just had a though, proof that the guy was reversing, if he was stationary then he would have been parked across a junction...

>> Edited by wtd on Tuesday 14th December 18:28