Car parked double yellows, proof of causing an accident?

[a1butch]

Hi All.
I was recently hit by an oncoming car after edging out to turn right into the flow. I needed to squeeze out far enough to be able to see as much traffic as possible due to a stationary van parked up illegally on double yellows immediately on the t-junction on the right. Nobody hurt as a result. Minor front end damage to my car (the impact was directly on the tow bar section - Audi S4) and light to medium damage to their Ford Focus - both drivable, their impact speed was probably no less more 20mph.
I have absolutely no doubt the accident would not have happened if the van was not parked illegally and the double yellows are there to protect these kind of incidents.
Has anybody tried to successfully argue this similar situation with their insurance company and actually made inroads?
The third party (oncoming car that hit me) are not admitting liability and I certainly will not - so the judgement lottery is in the hands of the insurance company.
I have the details of the parked van but I have a feeling proving they were to blame and have any recourse to them is going to be difficult - even though they were parked illegally.

[thescamper]

Unfortunately I fear that you will have little or no success, what if it had been a skip that obscurred your view.

It is your responsibility to ensure that the road is clear.

[B3ALP]

You pulled out and could not see, Take Responsibility and stop trying to
blame some one else.

[yellowjack]

OP - You have no chance. I had a similar accident three years ago, yet it went down as my fault for insurance purposes. The link is here... http://goo.gl/maps/fbOi0 ...and the parked vehicle had it's rear end in line with the 'No Through Road' sign. Not double yellows, but too close to the junction in legal terms. There are always cars parked on/too close to this junction. The other issue I raised with my insurer was the fact that whilst I was 'edging' forward to see beyond the parked moron, the Third Party was accelerating hard, but none of it seemed to matter to the Insurer. Despite a number of photos I took of the scene, and a comprehensive statement that I made, it went down as "failed to give way to third party at junction" if I recall correctly, so it was lucky I had protected my NCD.


ETA: OP, there are too many people nowadays who are happy to do as they please when it comes to parking like a twunt, and then they happily shrug their shoulders and abdicate all responsibility when THEIR fkwittery causes real problems for the rest of us. See the two replies above mine for evidence of this. IMHO if an illegally parked car can be demonstrated to have contributed to an accident, then the insurer of that car should be liable to shoulder some of the costs, then pass those costs on to their insured driver. If there were real penalties for parking like a twunt, such as increased insurance premiums, then these morons might learn to walk a few yards before they inconvenience the rest of humanity with their selfish parking habits.

Edited by yellowjack on Thursday 21st March 14:25

[Gad-Westy]

Have to agree with the others on this in terms of blame but I do sympathise. There is some god awful parking around my area that frequently plays a part in some near misses. It's a shame that seemingly nothing is ever done about it.

[TheEnd]

I had something similar, delivery van parked on double yellows on a corner, I was the car on the main road, and someone nipped out hoping it was clear.

It's related, but a separate offence. The way to rationalise it is what if it were a group of school kids standing on the corner, or some other legitimate way of blocking the view.

[B3ALP]

yellowjack said:

it went down as "failed to give way to third party at junction"

Edited by yellowjack on Thursday 21st March 14:25

Thats because its exactly what you did. Now I am not saying that people parking illiegally and blockng the view is right, however it does not give you license to drive like Tw@t.
What do you want to do next? blame some farmer that has not cut his hedge but you pulled out anyway BECAUSE "Hey its not my fault I cant see" Take some responsibility for your decisions in life FFS

Edited by B3ALP on Thursday 21st March 14:51

Edited by B3ALP on Thursday 21st March 14:52

[Gad-Westy]

B3ALP said:

Thats because its exactly what you did. Now I am not saying that people parking illiegally and blockng the view is right, however it does not give you license to drive like Tw@t.
What do you want to do next? blame some farmer that has not cut his hedge but you pulled out anyway BECAUSE "Hey its not my fault I cant see" Take some responsibility for your decisions in life FFS

Bit harsh? Hypothetical scenario but just wondering what you would do if you arrived at a T-Junction that through no fault of your own had an obstruction blocking your view of the main road? Edge out slowly, like a 'tw@t' or reverse back down the road and find an alternate route?

[HustleRussell]

How can a parked, stationary car cause an accident? Sounds like you pulled out into an oncoming car to me.

[trashbat]

Gad-Westy said:

Bit harsh? Hypothetical scenario but just wondering what you would do if you arrived at a T-Junction that through no fault of your own had an obstruction blocking your view of the main road? Edge out slowly, like a 'tw@t' or reverse back down the road and find an alternate route?

Plenty you can do. Windows down and listen, sound the horn and wait for a response, get someone to help, and so on.

[Gad-Westy]

trashbat said:

Gad-Westy said:

Bit harsh? Hypothetical scenario but just wondering what you would do if you arrived at a T-Junction that through no fault of your own had an obstruction blocking your view of the main road? Edge out slowly, like a 'tw@t' or reverse back down the road and find an alternate route?

Plenty you can do. Windows down and listen, sound the horn and wait for a response, get someone to help, and so on.

Very true, but all of those options involve you pulling out blind. I'm not saying the OP is right but I do sympathise.

[yellowjack]

B3ALP said:

Thats{That's} because its{it's} exactly what you did. Now I am not syaing{saying} that people parking illiegally{illegally} and blockng{blocking} the view is right, however it does not give you license to drive like Tw@t.
What do you want to do next? blame{Blame} some farmer that has not cut his hedge{,} but you pulled out anyway BECAUSE "Hey its not my fault I cant{can't} see"{.} Take some resposibility{responsibility} for you life FFS{.}

Fixed that for you. It may help, in future, to select 'English' as your default spellchecker option, and actually use it. Or alternatively just wait until you have calmed down, and are no longer foaming at the mouth, before you commit your sentiments to the internet.



"Drive like a Tw@t" ????
Edging forward at < (that's 'less than' by the way) 5mph is driving like a Tw@t now, is it?

What would you have several hundred people who live on the estate do? Stay at home all day, or wait until the fkwit who parks illegally on the junction decides to move his car? It is precisely because I take responsibility for my life that I get to have to share this planet with all manner of selfish morons. Would you have the same opinion if you were stuck behind a driver at a junction for ages, despite there being little traffic on the road you wanted to join? No, you'd be spontaneously combusting at their apparent inability to make progress. I make judgements all the time with regard to risk, and my perception of risk, and so do you. Do you always get those judgements right?

BMW driver = check
Crappy 'vanity' plate = check
Overblown sense of own importance = check
Can't spell 'Worksop' on his own profile page? = check

B3ALP said:

Woksop

Google Maps said:

Did you mean:
Worksop, Nottinghamshire, UK

How do you manage 'operations' if you can't manage to sepll smiple wrods and, use, punctuation in, the correct. Places

Your vitriolic post reminded me of Denis Healey, when, in 1978, he said of an attack in a speech by Geoffrey Howe, that it was "like being savaged by a dead sheep".

Carry on!

[mrmr96]

yellowjack said:

B3ALP said:

Thats{That's} because its{it's} exactly what you did. Now I am not syaing{saying} that people parking illiegally{illegally} and blockng{blocking} the view is right, however it does not give you license to drive like Tw@t.
What do you want to do next? blame{Blame} some farmer that has not cut his hedge{,} but you pulled out anyway BECAUSE "Hey its not my fault I cant{can't} see"{.} Take some resposibility{responsibility} for you life FFS{.}

Fixed that for you.

I wish there were more people like you on the internet.

[B3ALP]

mrmr96 said:

yellowjack said:

B3ALP said:

Thats{That's} because its{it's} exactly what you did. Now I am not syaing{saying} that people parking illiegally{illegally} and blockng{blocking} the view is right, however it does not give you license to drive like Tw@t.
What do you want to do next? blame{Blame} some farmer that has not cut his hedge{,} but you pulled out anyway BECAUSE "Hey its not my fault I cant{can't} see"{.} Take some resposibility{responsibility} for you life FFS{.}

Fixed that for you.

Yeah typical cant hold up your end of the argument so revert to grammer policing.


I take it back you wern't driving like a Tw@t you are a Tw@t

Edited by B3ALP on Thursday 21st March 15:47

[GTIR]

TheEnd said:

It's related, but a separate offence. The way to rationalise it is what if it were a group of school kids standing on the corner, or some other legitimate way of blocking the view.

Then I hope the courts take into consideration that I'm not actually hanging around schools again per se just waiting to pull out.

Hypothetically of course.

These "school kids" are over 16 right?

[Ari]

B3ALP said:

You pulled out and could not see, Take Responsibility and stop trying to
blame some one else.

How about people that park on double yellows right on junctions taking some responsibility?

What would you have the OP do, sit there until the car moved and you could see properly?

What if it were there for an hour. And you were behind the OP...

[B3ALP]

Let me make it simple for you "where there is blame there is a claim" culture fookwits.

If I chose to pull out in this situation ie. cannot see and hit someone who was minding their
own business I would take responsibility for my actions and hold my hands up.

I would not run upto the guy in the car I had hit and make sure he could spell accident
before I rang him an ambulance either.

Enjoy

[willis1337]

Be aware that if you are parked on double yellows or on corners of junctions and someone unfortunately ploughs into / along the side of your car, the insurance will be knock for knock. Just saying in case anyone has a beaten up old barge and dislikes people parking in this way.

[yellowjack]

B3ALP said:

mrmr96 said:

yellowjack said:

B3ALP said:

Thats{That's} because its{it's} exactly what you did. Now I am not syaing{saying} that people parking illiegally{illegally} and blockng{blocking} the view is right, however it does not give you license to drive like Tw@t.
What do you want to do next? blame{Blame} some farmer that has not cut his hedge{,} but you pulled out anyway BECAUSE "Hey its not my fault I cant{can't} see"{.} Take some resposibility{responsibility} for you life FFS{.}

Fixed that for you.

Yeah typical cant hold up your end of the argument so revert to grammer policing.


I take it back you wern't driving like a Tw@t you are a Tw@t

Edited by B3ALP on Thursday 21st March 15:47

....

[B3ALP]

yellowjack said:

....

Your garden by any chance?