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Thread: Advice?

  1. #1
    Join Date
    Oct 2011
    Posts
    2

    Default Advice?

    Hello

    Earlier today I was travelling down a side road with cars parked either side. The car 2 in front of me stopped on the left in order to park and the van directly in front of me slowed behind it. As there was a car approaching from the other directing, I assumed the van had slowed to allow it to pass, so I tucked myself into a space behind the van also allowing the approaching vehicle to pass. The van then began to reverse and hit me to my left front. I was completely stationary at the time. The driver gave me his details at the scene appearing to accept liability for the accident but I am now worried he will dispute it to the insurance company. Who is at fault? Thanks.

  2. #2
    Join Date
    Aug 2010
    Posts
    817

    Default

    His you were stationary he has the duty of care to make sure the area around him is clear before he moves.

    Miss Breakdown

  3. #3
    Join Date
    Apr 2009
    Posts
    6,379

    Default

    If I was defending the van driver, I would suggest you were partially to blame, in that you did not make any effort to ensure the van driver knew you were there. Did you look in the vans mirrors to make eye contact? Could you see the vans mirrors? Was it necessary to be so close to the van? However, the onus is on the van driver to not move until he/she knows the way is clear, therefore, I would expect, in court, the bulk of the blame would fall on the van driver. The van driver has an obligation to take care when reversing but you have an obligation not to put your vehicle in dangerous positions.

  4. #4
    Join Date
    Oct 2011
    Posts
    2

    Default

    Thanks for the advice. The van driver would definitely have been able see me in his right mirror as I was only a quarter into the space. I had to place my car there otherwise the approaching vehicle wouldn't have been able to pass.

  5. #5
    Join Date
    Sep 2007
    Location
    Scotland
    Posts
    8,754

    Default

    Quote.." The driver gave me his details at the scene appearing to accept liability for the accident"

    Hi Owen, if you have read through the other forums on here, you will read quite a lot of similar posts, where the other driver has "changed their story" later on when it came to informing their insurance companies?

    I hope it works out OK for you, good luck.

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