[wrigh_g]

Hi All,

I am new to this site so please bear with me...:)

Just over a week ago I reversed down to the bottom of my drive (at morning rush hour) which is on a pretty busy street with 5 shops almost opposite my house - fairly wide road which fits at least 2 cars on each lane. I stopped just before the road on the path side and looked all around - all clear (or so I thought !) - I was sat there with reverse lights on in a bright yellow car. Started to reverse and suddenly BANG - from no where. there I was sat in the car with my 2 young daughters and a man in a large landrover had run into the rear offside of my car - and continued down the offiside of my car causing dents galore - with the front nearside of his car. this all happened on my side of the road and literally only a second or so after I started to drive.

I got out of the car and was pretty shaken - he had virtually no damage at all !. He couldn't get away fast enough but I managed to get his name address and reg number. He stated clearly to me that he had been parked at the shops opposite and Uturned into my side of the road. He stated this te=wice and said 'perhaps he shouldn't have done this but he though it was 50 / 50 blame.

I have contacted my insurance company and they have heard from his in which they state that the collision was entirely my fault ! :mad:. I do not know if they have any of the details or if they are just saying this to hope it all goes away. I am going to dispute this and have the paperwork now to draw diagrams etc. I have since examined the road markings and diagonal lines seperate the 2 lanes (boarded within broken horizontal lines :

___ ____ ____
/////////////////////
___ ____ ___

I have checked the highway code and it states that it is in reference to rule 130 which states people should only enter this area if necessary and it is safe to do so - he drove straight accross it and uturned into me - came from no-where.

I am also suffering from neck problems since the accident and think I might have whiplash to boot.

Am I going in sane or is he not clearly to blame ??? please assist.:confused:

Gill

[Rolebama]

As you are admitting to reversing out of your drive, I would guess you will be judged entirely at fault. The exact circumstances may allow for a 50/50, but I seriously doubt it.

[wrigh_g]

Thank you for your reply - you have confirmed what someone else has said to me also today although I I'm still quite pained to accept this bearing in mind the fact that he uturned from a previously parked position which I clearly could not have expected or seen coming and how he could not have seen me is also beyond me - surely this type of maneouvre is not exactly welcomed either ? - I can't find any real directions on uturns in the highway code. I feel like the fact I was reversing was a technicality although I am aware that this will be factored in.

I will see what my insurance company say anyway - any more replies would also be welcomed.

THanks

[tenpinn]

what are the road markings when he make the uturn? is it just normal lines along the road or is there more?

[wrigh_g]

hi. No, not normal road markings.. Diagonal lines between as it is wide road and between 2 pedestrian islands. The Diagonal lines are boarded between broken horizontal lines.have checked highway code and rule 130 applies.. Only to enter if necessary and safe to do so. Have tried to draw lines on first email but not got it quite right !

[xsonx123]

I work in Insurance, as the third party was already on the road and you were reversing off your drive it sounds like he has the upper hand in this claim, since he was already on the road he will say that you should have seen him before reversing.. are there any independent witness' available on your behalf?? and also do you have legal protection included in your premium??? they will fight your innocence and better still it does not go through your insurance direct so no messing around!!

[wrigh_g]

Hi,

In answer to the last couple of replys - there were no independent witnessed that I managed to sop at the time although the shop owner accross the road saw the cars on my side of the road just after the collision had occurred. I don't unfortunately think that I have legal cover but I will indeed double check.

My insurance company has not 'not supported my claim' they are fighting my corner at present - it was his insurance who have initially said it was my fault - I imagine that this is quite a standard action on their part to hope that I just accept it as he has no damage to his car. I just wanted some advice on probable outcome although I know each case is different. I have sent back my diagram and some more information and know he will apparently now be asked to do the same...fingers crossed. I imagine it is not going to be a very quick process.

Unfortunately the street on which I live is so busy most of the time it is just not practical to do so - everyone else on my street does the same - although i am aware that this is the 'official way that you should do things'. I have lived on the street for 5 years and never had a problem. Surely there are regulations about UTurns also ?

Thanks

[tenpinn]

im just wondering, due to the road markings should he of been doing a uturn at that point?

[Rolebama]

Please, for your own sake do not make comments like 'I clearly could not have expected or seen coming'. on your insurance claim form. As you were reversing, the opposition could use this as an argument that you were not taking proper precautions.

[98selitb]

Hi,

I know two months have passed but thought I'd comment anyway.

The fact is that it is illegal to reverse onto a main road. Period.

I thought everyone knew that? I got taught it when I was learning to drive.

If everyone on your road is doing that, then everyone is doing it illegally.

What the residents should do is reverse INTO their driveways, so that then they can, perfectly legally and safely, drive out onto the main road.

In a normal situation I would say that you were to blame because of the illegal manoeuvre, but perhaps you might get 50/50 because it sounds like the other guy was ALSO doing a dodgy manoeuvre.

How was it decided in the end? Best of luck.

[Watcher]

Originally Posted by 98selitb

Hi,

I know two months have passed but thought I'd comment anyway.

The fact is that it is illegal to reverse onto a main road. Period.

I thought everyone knew that? I got taught it when I was learning to drive.

If everyone on your road is doing that, then everyone is doing it illegally.

What the residents should do is reverse INTO their driveways, so that then they can, perfectly legally and safely, drive out onto the main road.

In a normal situation I would say that you were to blame because of the illegal manoeuvre, but perhaps you might get 50/50 because it sounds like the other guy was ALSO doing a dodgy manoeuvre.

How was it decided in the end? Best of luck.

It is NOT illegal to reverse out of a driveway into the road - it is unadvisable.
You are obviously under a misaprehension - The Highway Code is just that, guidance, it is NOT traffic LAW. Unless it says "You MUST" or "You MUST NOT" do such-and-such, in which case the relevant legislation is also quoted, it is ADVICE only and as such may be used to SUPPORT an arguement about fault, but it most certainly is NOT law.