Accident at a junction
Discussion
Hey everyone, a friend of mine was recently crashed-into by someone at a junction.
My friend pulled up behind the guy, who was indicating left at a T-junction. Moments later the bloke's reversing lights come on and he crashed straight into my friends car.
The bloke seemed to think that he wasn't in the wrong, and that because he was indicating left, that it was obvious he was planning a reverse park, so my friend shouldn't have waited behind him.
It's obvious that he didn't check his mirrors; he was in a big 4x4 (L200-style, I think), my friend was in a mk2 Golf, so may have been hard to spot, but my friend says he definitely was behind the guy before his reversing lights came on and when he saw them it was too late to safely reverse out of the way.
The accident wasn't witnessed, but a CSO was nearby (not watching), but I think he understands the situation.
Now, the problem is, my friend said that he'd find out the cost of the damage and then contact the guy so he can pay for it, but in the meantime the guy's insurance company have contacted my friend saying that the guy in the 4x4 is blaming him for the accident, although it's not clear if he wants to claim anything, seeing as there was minimal damage to the 4x4 (a small scratch).
Sorry about the long post everyone, but it seems to me that there's no way that the guy can say it wasn't his fault, but will the lack of witnesses mean that it could be seen as 50/50 blame?
Thanks in advance,
AL
My friend pulled up behind the guy, who was indicating left at a T-junction. Moments later the bloke's reversing lights come on and he crashed straight into my friends car.
The bloke seemed to think that he wasn't in the wrong, and that because he was indicating left, that it was obvious he was planning a reverse park, so my friend shouldn't have waited behind him.
It's obvious that he didn't check his mirrors; he was in a big 4x4 (L200-style, I think), my friend was in a mk2 Golf, so may have been hard to spot, but my friend says he definitely was behind the guy before his reversing lights came on and when he saw them it was too late to safely reverse out of the way. The accident wasn't witnessed, but a CSO was nearby (not watching), but I think he understands the situation.
Now, the problem is, my friend said that he'd find out the cost of the damage and then contact the guy so he can pay for it, but in the meantime the guy's insurance company have contacted my friend saying that the guy in the 4x4 is blaming him for the accident, although it's not clear if he wants to claim anything, seeing as there was minimal damage to the 4x4 (a small scratch).
Sorry about the long post everyone, but it seems to me that there's no way that the guy can say it wasn't his fault, but will the lack of witnesses mean that it could be seen as 50/50 blame?
Thanks in advance,
AL
AL666 said:
Bloomin' heck that was quick!
Thanks for that, I'll have to find out if the guy is admitting reversing...
Thanks for that, I'll have to find out if the guy is admitting reversing...
I would imagine so, since your OP suggested his defence is "you should have known I was reverse parking"... hence admitting he was moving backwards without fully checking the roadway was clear.
AL666 said:
My friend doesn't know if the guy's admitting reversing, but he doubts it, he's hoping that the CSO takes his side instead of the other guy's, but fears that the bloke was trying to sway the CSO when my mate was writing his details down, because he says that they were talking...
What difference does it make if the CSO wasnt watching, and therefore didnt witness the accident?
It’s going to be impossible to prove the 4x4 driver was to blame without a witness if he chooses to lie about it. However he may not have seen the car behind since we saw the other day that a whole class of kids can be standing behind a big 4x4 without being seen by the driver.
Evidently the guy reversed so quickly there was no time to use the horn.
Evidently the guy reversed so quickly there was no time to use the horn.
freedman, it will help as the other motorist cannot change his story between now and then. People have a habit of admitting to the wrong (in our case 'right') thing which could land them in trouble, so then change their minds about what really happened and we only have a 'he said this at the time' defense, which doesnt stand up without witnesses.
If he admitted to CSO he reversed I think you have a good chance of defending yourself as you told the CSO you were stationary at the time.
If he told the CSO nothing, and now says you drove into him whilst he was stationary, you'll have a hard time getting 50/50 at best I think.
Why can people not stick with the truth and take resposibility for their actions? It is beyond me.
If he admitted to CSO he reversed I think you have a good chance of defending yourself as you told the CSO you were stationary at the time.
If he told the CSO nothing, and now says you drove into him whilst he was stationary, you'll have a hard time getting 50/50 at best I think.
Why can people not stick with the truth and take resposibility for their actions? It is beyond me.
Edited by stuthemong on Monday 21st May 15:40
Lets get this straight Driver A, indicating with left flashing indicator and stationery, puts his vehicle into reverse and moves backwards into driver B who is stationery behind him.
Is Driver A stating that driver B simply drove into the rear of his 4x4 whilst he was waiting to turn left at the junction?
I can't see how driver A can avoid responsibility for this one, unless he IS saying that driver B drove into him prior to his turning left and whilst waiting at the junction.
Driving Without Due Care and Attention if he admits reversing, the onus is on him to ensure it is safe to do so, not on driver B. Did your mate sound his horn when this 4x4 started to reverse, to warn of his presence?
Is Driver A stating that driver B simply drove into the rear of his 4x4 whilst he was waiting to turn left at the junction?
I can't see how driver A can avoid responsibility for this one, unless he IS saying that driver B drove into him prior to his turning left and whilst waiting at the junction.
Driving Without Due Care and Attention if he admits reversing, the onus is on him to ensure it is safe to do so, not on driver B. Did your mate sound his horn when this 4x4 started to reverse, to warn of his presence?
Edited by XMG5 on Monday 21st May 15:43
XMG5 said:
Lets get this straight Driver A, indicating with left flashing indicator and stationery, puts his vehicle into reverse and moves backwards into driver B who is stationery behind him.
Is Driver A stating that driver B simply drove into the rear of his 4x4 whilst he was waiting to turn left at the junction?
I can't see how driver A can avoid responsibility for this one, unless he IS saying that driver B drove into him prior to his turning left and whilst waiting at the junction.
Driving Without Due Care and Attention if he admits reversing, the onus is on him to ensure it is safe to do so, not on driver B. Did your mate sound his horn when this 4x4 started to reverse, to warn of his presence?
Is Driver A stating that driver B simply drove into the rear of his 4x4 whilst he was waiting to turn left at the junction?
I can't see how driver A can avoid responsibility for this one, unless he IS saying that driver B drove into him prior to his turning left and whilst waiting at the junction.
Driving Without Due Care and Attention if he admits reversing, the onus is on him to ensure it is safe to do so, not on driver B. Did your mate sound his horn when this 4x4 started to reverse, to warn of his presence?
Edited by XMG5 on Monday 21st May 15:43
I wasn't there unfortunately, and my friend's not sure what the guy may have said to the CSO, I don't think my friend would have sounded the horn, his first instinct was to get out of the way, which requires checking behind him and then reversing, but he didn't have time.
I guess this is going to come down to what the CSO says happened. It's a bit crap, TBH, my mate's a student, like me, but has a suitably student car, his mk2 Golf looks like a bit rubbish, but runs beautifully for a 20-year old 120k miles car. Chances are, whatever the result, his car will be written off, just depends whether he's going to have to pay for it, or if the bloke in the 4x4 can be found guilty.
It makes me sick that people can be so selfish, especially seeing as he must be fairly well-off, the least he could do is admit responsibility for his actions!
Fidgits said:
Regardless of anything else, if your 'friend' was stationary and the L200 reversed into him, then its his fault, full stop.
Not true.
I had an incident where I was waiting to turn left at a T-junction onto the main road. Someone behind me tried to squeeze between my car and the kerb on the nearside even though there was obviously only one lane. He gave up with his car almost touching mine so that when I pulled away (whilst turning left), my rear nearside door caught his front bumper.
This went 50:50 even though he was stantionary.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff