[seven]

Hi all,

just wanted some opinions on a minor accident the other night:

I was reversing (slowly) into a bay, i had to cut accross a lane to get to the bay, but there were no cars approaching. a car eventually came along from my blind spot.

i was looking at my mirrors and i didn't check my blind spot because there was not enough space for any cars to pass between me reversing and the entrance of the bay... i think any sensible driver would have stopped and waited until i was in the bay. plus had there been a car parked in the bay next to the bay i was reversing into. she would have had to stop, as there would have been no room for her to pass.

but she didn't want to stop and assumed i would stop, so tried to pass me by driving across the empty bays... she eventually realised that i didn't see her and stopped behind me. she wasn't visible from my rear view mirror (she had a small low car, mine is quite high).

now, whose fault is this? it mine because i should have seen her? or is it her fault as there was no room in the lane for her to pass so she drove accross the parking bays?

i've attached an illustration of what happened... i've tried to keep it impartial:

http://img8.imageshack.us/img8/5302/crash.gif

[Rolebama]

My opinion is that the other driver is morally responsible, but I guess the insurance companies will see it as a 50/50. The onus is always on the reversing driver to make sure their way is clear, but who could reasonably expect such an action from another driver? If you have photographs or witnesses as to the other driver's actions or positioning, then I would expect the other driver's insurance to pay out, but without either I would stick to the 50/50 guess.

[seven]

thanks for the reply.

i do have a photo to show that the other car was positoned across the bays, but she could claim the reason why she was accross the bays was because she swerved to avoid me. so could potentially work in her favour.

[Rolebama]

That is always a possibility, but the photos would show the 'attitude' of the car and its most likely path. The damage will also tell part of the story, as to the angles and speeds involved at point of contact. I would keep onto your insurer. Try to find out exactly what the other driver's version of events is.