Car Park Accidents: Always 50/50?

rG-tom · 13 Feb 2010 at 16:50

Hey guys,

Earlier today, I was leaving the carpark of a screwfix direct after picking up a few bits, when an audi s5 pulled out of a spot quite sharply as I was driving past. Despite my efforts to swerve, he still collided with my passenger side rear wheel arch, and my forward momentum meant it dragged to the rear bumper. His car looks a bit messier, going to need a new bumper at least, my car just deep some scrapes and a ding in the wheel arch, and possibly a new bumper mount. Now, he held his hands up and said "yep my bad" but then when swapping details he said "So do you know how this works with it being private land? I thought that all carpark incidents went 50/50?"

I have actually heard similar before, but surely in a situation like this where i was already practically past him and he pulled out into me it must be his fault?

There is a CCTV camera recording in the carpark, and I have the details for the company that looks after it but there is no one in until monday to review the tapes, hopefully this will prove completely that it is his fault, but I honestly can't see how it could go any other way?

Cheers

Tom.

peterattheboro · 13 Feb 2010 at 16:54

No idea to be honest but if there is video evidence then it should be open and shut.

Unlucky though mate. You don't have the best of luck do you

fordypaul · 13 Feb 2010 at 16:56

Insurance is a odd ball but if one person can be proved to be clearly at fault it will not go 50/50.

Unless the other party gives in it will end up dragging on, like you say the CCTV is like having a witness.

The worse part of it is if you are near renewal the accident will go against you until its cleared, this often means denial of no claims bonus etc.

[TW]Fox · 13 Feb 2010 at 16:58

You are the unluckiest guy on here. Seriously, its always you

Were you doing warp speed 9 or something so he didnt see you?

peterattheboro · 13 Feb 2010 at 16:59

[TW]Fox;15954793 said:
You are the unluckiest guy on here. Seriously, its always you

Were you doing warp speed 9 or something so he didnt see you?

I reckon he had the arse out which meant the Audi driver thought he was further over than he was

firefilesuk · 13 Feb 2010 at 17:01

lol, you know what to do, straight to helphire and in a 335 cab within 24 hours :cool:

Berger · 13 Feb 2010 at 17:02

firefilesuk said:
lol, you know what to do, straight to helphire and in a 335 cab within 24 hours

If its pretty clear cut yes...

Fr0dders · 13 Feb 2010 at 17:04

they are indeed normally 50/50 unless it can be prooved who was right and who was wrong

CCTV would proove that. Wish you luck.

rG-tom · 13 Feb 2010 at 17:07

[TW]Fox;15954793 said:
You are the unluckiest guy on here. Seriously, its always you

Were you doing warp speed 9 or something so he didnt see you?

i was in first gear! The audi was parked next to a van so was pulling out blind as such

rG-tom · 13 Feb 2010 at 17:08

MrLOL said:
they are indeed normally 50/50 unless it can be prooved who was right and who was wrong

CCTV would proove that. Wish you luck.

you, msn, now.....

lordrobs · 13 Feb 2010 at 17:09

The description of the damage sounds like it can't be anything other than the other drivers fault and the insurers should see it that way too.

I had a similar incident in a private car park and it went 100% not at fault in my favour.

fordypaul · 13 Feb 2010 at 17:10

Thats not great, as it could be argued you could have gave way to him and/ or you were going too fast to stop.

Just playing devils advocate!

Gaygle · 13 Feb 2010 at 18:47

Maybe he'll just be decent and admit it was his fault by telling it exactly how it happened?

West · 14 Feb 2010 at 12:08

Not always 50/50, the bird I T boned in a Tesco Car Park when I had my Focus won her claim.

allllec · 14 Feb 2010 at 12:12

West said:
Not always 50/50, the bird I T boned in a Tesco Car Park when I had my Focus won her claim.

*Giggles like a lil girl*

I had to re-read that

West · 14 Feb 2010 at 12:12

allllec said:
*Giggles like a lil girl*

I had to re-read that

Vigoro · 14 Feb 2010 at 14:14

I know when my mum hit someone in my clio coming out of a space a few years ago she had to pay out through her insurance for all the damage

taximike · 14 Feb 2010 at 14:20

Being private land shouldn't make any difference. The Road traffic act applies anywhere that the public has access to. But if you don't have a witness or he doesn't own up (his insurance company won't let him formally own up) then it probably will go 50/50. Have you asked for any CCTV evidence yet?

I get around · 14 Feb 2010 at 17:46

I'd fight it, he was clearly at fault.
It annoys me carparks, like at work in the carparks because everyone just pulls out without looking, and not slowly either. Coming out, no one indicates, half of them don't understand directional arrows. The amount of accidents that i've nearly been in because some dippy ***** has just pulled out is unreal, my brakes get a good work out.
It seems half the population suffers from mental retardation as soon as they enter a carpark.

rG-tom · 14 Feb 2010 at 18:28

rG-tom said:
There is a CCTV camera recording in the carpark, and I have the details for the company that looks after it but there is no one in until monday to review the tapes, hopefully this will prove completely that it is his fault, but I honestly can't see how it could go any other way?

taximike said:
Have you asked for any CCTV evidence yet?

TheTime said:
6:28pm Sunday (GMT) - Time in GMT