Am i at fault?

Status
Not open for further replies.
car parks can be a grey area when claiming. im sure someone on here posted a few months back about having an accident in a car park.

his problem was that the damage wasnt on the side, it was at the front

he pulled out in front of him, so same problem. only difference was that for that poor guy, he pulled out just early enough so that the damage was on his side, making it look like he was speeding round the car park and couldnt stop in time because he was being a boy racer

not that hed pulled out on him so sharply he had no time to stop.

difference is with this one is that the damage is on his side, so the story that the guy reversed into his side tallys

and regarding the Road Traffic Act, it was amended a couple of years ago to include places that the public have acess to, namely public car parks etc..
 
I was in a similar situation a few years back except I was the other car.

What happened was I was sat stationary and the other car turned too soon and clonked my bumper on their side door (much like turning a corner too soon will result in running the rear wheels over the kerb but not the fronts).

What they reported was the same as what you said happened, and they won because they were considered to have the right of way despite it being a car park.

Edit: It was an Asda car park and they wouldn't release the CCTV to me without a police request for it, may have something to do with the fact she was an employee and they were doing favours...
 
that bits true

they wont release CCTV footage unless requested to do so by the police.

freedom of information act only requires them to release footage of you, not your car.
 
freedom of information act only requires them to release footage of you, not your car.

Its the data protection act that they quoted at me, because of the presence of other people in the cctv they had a duty to protect their identities which outweighed my requirement for the footage.
 
Did your friend witness the accident?

If so it's worth making sure that he is not known to be a friend and instead a independant witness. This will help to swing things into your favour.
 
He didnt see the accident but he saw the damage done on both cars. No one saw it happen :(
 
Private car park, liability WILL go 50/50 when it comes to disputes over fault.

thats not entirely true

what you should in fact say is that car parks are notoriously difficult scenarios to have accidents in

they will be low speed and very rarely be clear cut like normal road accidents are.

for this reason, if a person decides to lie out of their backside, they can swing 50/50 by denying everything.

thats not to say that car parks automatically go 50/50 though ! especially if the other person is honest and confesses.
 
I'd go through the insurers and fight him all the way. How the other driver can possibily claim it is anyones fault but his is frankly ridiculous. Good luck with it anyway.
 
Whilst I fully believe it's the other guy's fault, I doubt it'll be a simply matter proving that to the insurers.

I had a very similar thing happen years back on a petrol forecourt, where some numpty pulled away from a pump whilst I was passing in front of him and drove into the side of me. He disputed it endlessly and it all got wrapped up in legal crap until I couldn't be bothered with it anymore. By that time I'd sold the car and had a company car so insurance wasn't an issue for me anymore so I just capitulated and walked away from the whole sorry mess.
 
Status
Not open for further replies.
Back
Top Bottom