Whose at fault?...
Author
Discussion

MudasarKhan

Original Poster:

92 posts

197 months

Saturday 10th July 2010
quotequote all
Hi,

Would appreciate your opinion(s). Thanks.

Was parked outside a takeaway. On wrong side of road. Facing traffic. Had sidelights on, and hazards. The road was a main road, with this particular stretch a double yellow. Car was half on kerb, half on road. Time was 10.30pm.

Anyway, went in to collect food, and bang. Corsa wrote it off. Extensive damage to front and passenger side. His car was worse than mine.

Went out to make sure him and passenger was ok. They were in a state of shock relly. After asking him what happened he said he lost control of car because steering was unresponsive. Whilst in state of shock, he was becoming ever more upset. Worried about his insurance premiums from now on. Said he was 19 and his insurance would rocket. I didnt really respond apart from aslong as your not hurt too bad.

At this point i felt it was an accident, it happened (as they do), and his insurance would sort it out. We swapped details and i was confident that the matter would be resolved.

However it all changed when his parents turned up. They started kicking off that i was parked on wrong side of road on double yellows. Made a huge ruckus about it. I responded by saying my car was parked, not moving. He should have just safely passed it (ideally), but he's admitted he lost control. But then he started back tracking on that front also.

In your opinion, how would the insurance companies deal with this?.

mjcneat

285 posts

199 months

Saturday 10th July 2010
quotequote all
Your car was there to be seen, his fault entirely.

toasty

8,409 posts

250 months

Saturday 10th July 2010
quotequote all
mjcneat said:
Your car was there to be seen, his fault entirely.
+1

Ry_B

2,256 posts

231 months

Saturday 10th July 2010
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You were parked, not your fault.

Ry_B

2,256 posts

231 months

Saturday 10th July 2010
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If you drive into a lampost, is it the fault of the council for putting it there or of the driver for driving into it?

Dontlift

9,396 posts

288 months

Saturday 10th July 2010
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He lost control, in what i presume was a 30 limit, i hope you got plod to attend

MX7

7,902 posts

204 months

Saturday 10th July 2010
quotequote all
Fast food. Too tempting. yum

His.

MudasarKhan

Original Poster:

92 posts

197 months

Saturday 10th July 2010
quotequote all
Yh plod did attend, but funnily enough to check only if i gave false details. (?).

Officer wasnt to interested in what had happended and quoted (your insurance companys will bat it out, bit like a tennis game)

Thanks for the replies ppl.

Boosted LS1

21,200 posts

290 months

Saturday 10th July 2010
quotequote all
Have the double yellows any bearing on this or are they irrelevant? I agree the other driver should have seen the parked car but will the insurers make a fuss about it being parked illegally or isn't that important?

AndrewW-G

11,968 posts

247 months

Saturday 10th July 2010
quotequote all
Boosted LS1 said:
Have the double yellows any bearing on this or are they irrelevant? I agree the other driver should have seen the parked car but will the insurers make a fuss about it being parked illegally or isn't that important?
As far as the insurance is concerned I'd doubt it will be a factor, as the OP had left his vehicle with side lights on . . . . . even though I think the OP is a selfish tit for not only parking on double yellows but also for parking half on the pavement

Edited by AndrewW-G on Saturday 10th July 12:50

Ry_B

2,256 posts

231 months

Saturday 10th July 2010
quotequote all
AndrewW-G said:
Boosted LS1 said:
Have the double yellows any bearing on this or are they irrelevant? I agree the other driver should have seen the parked car but will the insurers make a fuss about it being parked illegally or isn't that important?
As far as the insurance is concerned I'd doubt it will be a factor, as the OP had left his vehicle with side lights on . . . . . even though I think the OP is a selfish tit for not only parking on double yellows but also for parking half on the pavement

Edited by AndrewW-G on Saturday 10th July 12:50
Surely it was better that he parked half on the pavement?

Although I agree, typical "khan" thing to do park on double yellows.

But still, not his fault that someone drove into him.

Khan - good luck, hope it gets sorted soon

MudasarKhan

Original Poster:

92 posts

197 months

Saturday 10th July 2010
quotequote all
"Fast food. Too tempting. yum"

Lolz. apparently it is. Because this is second car wrote off attending the SAME TAKEAWAY in the last 3months.

Last car was wrote off when parked on a side street round the back. Dodgy parking skills by a RR. Parallel park gone wrong.

So this time i park on the front, and wrote it off here too. No more takeawys for me!

Has anyone had a similar incident, was it straightforward, when the insurance work out whose to blame? or do you think that there will be a "tennis match"

RobM77

35,349 posts

264 months

Saturday 10th July 2010
quotequote all
This is an interesting one. You were parked illegally on two counts (half on pavement and on a double yellow), but the car was parked during the accident with you nowhere near it.

If I had to guess I'd say the insurance will find you innocent, but the police would take a very different view.

Let us know what happens, I'd be interested to know :-)

K87

2,111 posts

217 months

Saturday 10th July 2010
quotequote all
Insurance should pay out as his fault.

If the police were remotely interested in the dodgy parking they would have said something at the time surely?

heebeegeetee

30,161 posts

278 months

Saturday 10th July 2010
quotequote all
So many people park on the wrong side of the road with their headlights on nowadays, completely blinding everyone. Sheer pig ignorance.

Hope you really were on your sidelights as you said. Would your heads have come on when you turned the ignition on?

Mafioso

2,411 posts

244 months

Saturday 10th July 2010
quotequote all
Whose what? It was entirely his fault so shouldn't have to fight anything really.

I do want to add that you parked like a tt though. It's a pet hate of mine when people leave their lights on when parked, let along facing oncoming traffic with them.

MudasarKhan

Original Poster:

92 posts

197 months

Saturday 10th July 2010
quotequote all
Thanks for the replies everyone. Even the "selfish tit".

It was a decent width the road, and my car was only a small hatchback (fabia).

Half on the kerb, with sidelights on, i didnt think it posed much of a threat. On the pavement side of things, you could easily get a pram, wheelchair to pass without trouble.

Having looked at his car more clearly in the day, did noticed it had 17" wheels, and what looked like to be lowering springs. Was a N reg corsa, (you know the ones with horrible bodykits, and sound system worth more than the car!)

And yes the road was a 30mph, but i know he was closer to 40. But am not gona kick up a fuss about that, i just wanted to know what you ppl thought about the insurance side of things.

Lost soul

8,712 posts

212 months

Saturday 10th July 2010
quotequote all
Why did they hve doubts about your details

MudasarKhan

Original Poster:

92 posts

197 months

Saturday 10th July 2010
quotequote all
I left the lights on, but when you turn the ignition off, the lights dont blind people. I call em sidelights, not sure what they called really.

But no, i was not in the car, and the lights were not on as they would be for night driving. they were lit up, but not blinding people in front. (if that makes sense)

I think thats a common feature on VAG cars.

Tallbut Buxomly

12,254 posts

246 months

Saturday 10th July 2010
quotequote all
RobM77 said:
This is an interesting one. You were parked illegally on two counts (half on pavement and on a double yellow), but the car was parked during the accident with you nowhere near it.

If I had to guess I'd say the insurance will find you innocent, but the police would take a very different view.

Let us know what happens, I'd be interested to know :-)
I believe actually on 3 counts....

http://www.direct.gov.uk/en/TravelAndTransport/Hig...

248 You MUST NOT park on a road at night facing against the direction of the traffic flow unless in a recognised parking space.

Also

238
You MUST NOT wait or park on yellow lines during the times of operation shown on nearby time plates (or zone entry signs if in a Controlled Parking Zone) – see 'Information signs' and 'Road markings'. Double yellow lines indicate a prohibition of waiting at any time even if there are no upright signs. You MUST NOT wait or park, or stop to set down and pick up passengers, on school entrance markings (see 'Road markings') when upright signs indicate a prohibition of stopping.



Edited by Tallbut Buxomly on Saturday 10th July 13:12