[Jenna26_]

I'm going to to say which car I was driving because I want a complete unbiased opinion.

2 cars were reversing out of the driveway. One car noticed the other car was driving so stopped and was stationary. However, the other car never noticed and kept reversing and crashed into the side of the stationary car leaving the back rear door damaged. The car that kept reversing had a tow bar so hardly any damage done.

Who is at fault? Is it 50/50? Yes the car was stationary but it also reversed into the path of the reversing car?

People have told me who is more at fault but I would love to hear what your opinions are in this matter.

Thanks

[Motman]

Let me ask you this: A child or a person in a wheelchair walks into the path of a reversing car, notices the reversing car and stops. The reversing car keeps going and the child or person in the wheelchair is crushed and killed. 50/50 or the fault of the driver of the reversing car?

[Jenna26_]

So it's the fault of the reversing car? Do you think the insurance company will see it that way?

[98selitb]

Unless I'm missing something, this seems extremely simple. The car that was moving and crashed into a stationary car, is 100% at fault.

[Santa]

Except that if you read both accounts of the collision, they will have mysteriously collided while they were both stationary.

[Motman]

That's about it. The onus is on the driver of the moving vehicle to make sure there is nothing in the way that would impede movement.

[Beelzebub]

The driver of the stationary car contributed to the collision. He saw the moving car, but didn't sound his horn.

[Jenna26_]

I was the stationary car. When I seen the car coming I panicked. I screamed at my sister that the car was coming and one part of my brain was telling me to drive forward and the other part was telling me to sound the horn. Too much happened and before I knew it, the car had collided against mine. My sister tried banging the window. It all happened so fast

[Jenna26_]

As the driver of the stationary car, that makes me feel so much better. I got my car 2 weeks ago and I cried my eyes out when I seen the damage to my new beautiful car

[Coton Motors]

Originally Posted by Jenna26_

I'm going to to say which car I was driving because I want a complete unbiased opinion.

2 cars were reversing out of the driveway. One car noticed the other car was driving so stopped and was stationary. However, the other car never noticed and kept reversing and crashed into the side of the stationary car leaving the back rear door damaged. The car that kept reversing had a tow bar so hardly any damage done.

Who is at fault? Is it 50/50? Yes the car was stationary but it also reversed into the path of the reversing car?

People have told me who is more at fault but I would love to hear what your opinions are in this matter.

Thanks

Where the driveways diametrically opposite each other, or where they adjacent parallel drives?

[Coton Motors]

Originally Posted by Jenna26_

I was the stationary car. When I seen the car coming I panicked. I screamed at my sister that the car was coming and one part of my brain was telling me to drive forward and the other part was telling me to sound the horn. Too much happened and before I knew it, the car had collided against mine. My sister tried banging the window. It all happened so fast

That's like when two snails crashed into each other and the police asked them for a statement and they replied that it all happened so fast.

[Jenna26_]

Originally Posted by Coton Motors

Where the driveways diametrically opposite each other, or where they adjacent parallel drives?

His driveway is at an angle to mine. He is 2 doors down but it's not straight it goes round a bend

[98selitb]

The fact that you had stopped plays greatly in your favour. It essentially led from a 50/50 situation to a situation where a moving car crashed into a stationary car. Sorry to hear about your new car, I can imagine it's extremely frustrating to have that happen so shortly after you got it. That is what insurance is for.

As an aside, I think it's a great idea to describe the events without stating which car you were in, to remove bias as much as possible. Would be great if that was the norm on these threads where people ask for insurance liability opinions.

[Jenna26_]

Originally Posted by 98selitb

The fact that you had stopped plays greatly in your favour. It essentially led from a 50/50 situation to a situation where a moving car crashed into a stationary car. Sorry to hear about your new car, I can imagine it's extremely frustrating to have that happen so shortly after you got it. That is what insurance is for.

As an aside, I think it's a great idea to describe the events without stating which car you were in, to remove bias as much as possible. Would be great if that was the norm on these threads where people ask for insurance liability opinions.

I really don't want to claim off my insurance though because once I lose my 5 year no claims bonus then my insurance basically doubles in price. Hopefully because I was stationary the insurance company will see that he is liable for the damage caused.

Thank you so much. I feel so much better now

[alan1302]

Are you saying you were both reversing out of your respective drives at the same time and both cars were moving? Then when you saw the other car coming towards you so you stopped and they crashed into you?

[Jenna26_]

Originally Posted by alan1302

Are you saying you were both reversing out of your respective drives at the same time and both cars were moving? Then when you saw the other car coming towards you so you stopped and they crashed into you?

Yes that is correct. I couldn't see it moving past another car and once I seen it moving I stopped. It kept driving for a good 3 or 4 seconds or so before crashing into me

[Jenna26_]

The car that was reversing is not admitting liability and is insisting that it's 50/50. I have to wait and find out what both insurance companies say on the matter. This is so upsetting :(

[Santa]

Originally Posted by Santa

Except that if you read both accounts of the collision, they will have mysteriously collided while they were both stationary.

As I said.

[Jenna26_]

Originally Posted by Santa

As I said.

The car that reversed into me wasn't stationary. I was. I stopped my car once I seen him

[Snowball]

Bearing in mind that both drivers will have their own version of events, each putting blame on the other. It would not surprise me if the insurers agreed a 50/50 split just to avoid a prolonged argument.

[Santa]

Originally Posted by Jenna26_

The car that reversed into me wasn't stationary. I was. I stopped my car once I seen him

Sorry Jenna, I think that you misunderstand. My point is that the other driver will also say that they had stopped and that you reversed into them. The insurance company has to make a decision based on two opposing accounts of the same incident. Obviously, you are telling the truth, but they have no way of knowing that.

[Motman]

If I were the OP, I'd argue it out. As the car that hit you had a tow bar, could an insurance expert look at the damage to your car to determine who hit who?

[Jenna26_]

Originally Posted by Santa

Sorry Jenna, I think that you misunderstand. My point is that the other driver will also say that they had stopped and that you reversed into them. The insurance company has to make a decision based on two opposing accounts of the same incident. Obviously, you are telling the truth, but they have no way of knowing that.

The side of my car is damaged which proves the car reversed into me. The whole back door is dented. I can't reverse into someone sideways

[Jenna26_]

Originally Posted by Motman

If I were the OP, I'd argue it out. As the car that hit you had a tow bar, could an insurance expert look at the damage to your car to determine who hit who?

The tow bar dented the back door of my car. The sent proves I was stationary as otherwise it would have had the scrape marks. Also the dent on the rear door proves he reversed into me. Not the other way round

[smudger]

The insurance companies will probably settle for a 50/50, which we all know is not right, but as already mentioned, they have two conflicting stories both blaming the other?When my car was hit by a reversing driver, I wasn't in my car at the time, but was walking towards it in the car park, the other even tried it on, but myself, and two other witnesses saw it.

[Snowball]

Originally Posted by Jenna26_

The side of my car is damaged which proves the car reversed into me. The whole back door is dented. I can't reverse into someone sideways

No, but you could still have reversed so that your car was behind the other one when it hit you. So, with or without a tow bar, there is still room for argument on both sides.

[Coton Motors]

Do some drivers rely too much on reversing sensors and forget to use mark one human eyeball?

[Snowball]

Originally Posted by Coton Motors

Do some drivers rely too much on reversing sensors and forget to use mark one human eyeball?

Problem is, if one is not attentive then the human eyeball can be as ineffective as a reversing sensor.