Girlfriend hit by OAP - Opinions?

L0rdMike · 31 Mar 2006 at 16:46

agw_01 said:
I've been there. Driving slowly through a busy Asda carpark to pick my sister up from the entrance.

I noticed a car put its reversing lights on so came to a stop. The silly bint started to reverse out and when I noticed she was getting closer and closer, gave my horn a few beeps followed by a longer blast when she wasn't stopping.

So she reverses straight into my front wing so I get out only to have her shouting "WTF are you doing driving into me????"

I just laughed and said are you serious, to which she continues to keep on swearing. I kept my cool and checked the damage. Nothing apart from a cracked indicator lense and the bumper mount was pushed in a little (didn't notice until a later date).

There was no way I was going to offer to give my details as she'd no doubt blame it on me. It just really peeved me off to have this stupid woman shouting at me when she'd reversed into me.

Because of her attitude I couldn't resist shouting "shut the **** up you silly woman" before I got in the car .

/Awaits flaming

You idiot! cant believe you left with out knocking her out.

TinkerBell · 31 Mar 2006 at 16:54

Enfield said:
Andy tells me you like it from behind...

Hmmm interesting *rubs chin*

EddScott · 31 Mar 2006 at 16:59

All joking aside, do you have any witnesses?

Only ask because my mother was waiting for someone in a supermarket car park. She was stationary but and on the correct side of the car park (same direction as the arrows on the tarmac). Her hand brake was on too.

Woman drives straight into the side of my mother. Mum gets out, goes to girl and girl is now crying and saying "I'm sorry" etc etc.

Swap details, mum assumes this girl will take 100% blame. Her insurer comes back saying my mother was moving and moving too fast for this girl to see her properly.

It went 50/50 on the claim.

Had one horrible council family crash into me ages ago. Caused a right fuss and they called the police. Turns out they give completely false details and weren't insured at all - but THEY called the police. Very odd.

EddScott · 31 Mar 2006 at 17:00

PS - My gran has never caused an accident

Shes seen thousands

TinkerBell · 31 Mar 2006 at 17:01

EddScott said:
PS - My gran has never caused an accident

Shes seen thousands

Hehe

Phantom · 31 Mar 2006 at 17:02

whoever was reversing is at fault - they should have been looking where they were going, not only through the rear window but also the side windows for traffic coming across.

he doesnt stand a chance in winning his case (and worst case which is highly unlikely) is that it'll go 50:50. the exact same thing happened to me but it was an old woman in a pug 206 in the asda hypermarket!!

LoadsaMoney · 31 Mar 2006 at 17:04

iCraig said:
He doesn't have a zimmer frame to stand on. He was 100% at fault.

BOOM TISH!!, fully agree though.

Dandle · 31 Mar 2006 at 17:14

A few years ago my car was hit in the side by someone driving around a carpark the wrong way, he even drove over a one way arrow on the floor before he hit my car. My insurance didnt want to know as it was private land, I was only TPFT(dont know if that made a difference) they told me they were classing it as 50:50 and it was down to me to take it any further. I didnt bother as I was driving a banger and didnt have the money to start the court case off. The damage was only a dented sill so I wasnt that bothered about it.

[TW]Fox · 31 Mar 2006 at 17:45

Dandle said:
Was your other half driving on a public road or is it part of Morrisons car park? If its part of the car park I would be suprised if the insurance company come out with knock for knock as they arent normally interested when it happens on private land. If its a public road then she has no problems and should win it.

This is not true.

Dandle · 31 Mar 2006 at 17:49

[TW]Fox said:
This is not true.

If only id have known that then when i was hit in a car park I could have told them Fox says they are wrong when they refused to take the case on for me.

Ev0 · 31 Mar 2006 at 17:59

The old boy will fight it, if he doesn't say it was 100% her fault at first then it'll rest at a 50/50 claim.

Don't accept this, there's enough evidence to suggest it could have only happened one way and that's by him backing into her car. I don't see any other way it could have happened to given the pictures etc and damage caused. Fact you had a bobby there to help, from what he said it sounds like he's on your side as well

Same kinda thing happened to me, guy hit me, said not his fault, but couldn't give any credible explanation as to why it was my fault. In the end we were prepared to go to small claims court and he buckled admitting full liability.

[TW]Fox · 31 Mar 2006 at 18:26

Dandle said:
If only id have known that then when i was hit in a car park I could have told them Fox says they are wrong when they refused to take the case on for me.

Or you could point them to the Road Traffic Act, which states any road 'accesible to the public' is covered by said Act, including carparks.

Or perhaps use a bit of common sense - if it really didn't apply to carparks as they are 'private' whats to stop somebody in a car insured TPO going around driving into people safe in the knowledge it would go 'knock for knock' - ie each party pays for their own damage, and no claim against another party results.

Bobbler · 31 Mar 2006 at 18:31

Dandle said:
If only id have known that then when i was hit in a car park I could have told them Fox says they are wrong when they refused to take the case on for me.

What Foxy says is correct still. Its not classed as private if the public still have unfettered access to it which IIRC applies whenever the supermarket is open.

Dr Who · 31 Mar 2006 at 18:35

But in 50 years of motoring hes never had an accident, he has seen thousands around him, but never had one...

:rolleyes:

Scottland · 31 Mar 2006 at 18:37

Dr Who said:
But in 50 years of motoring hes never had an accident, he has seen thousands around him, but never had one...

Yeah, they happened in his rear view mirror

Dr Who · 31 Mar 2006 at 18:40

Scottland said:
Yeah, they happened in his rear view mirror

xactly

Dandle · 31 Mar 2006 at 18:50

[TW]Fox said:
Or you could point them to the Road Traffic Act, which states any road 'accesible to the public' is covered by said Act, including carparks.

Or perhaps use a bit of common sense - if it really didn't apply to carparks as they are 'private' whats to stop somebody in a car insured TPO going around driving into people safe in the knowledge it would go 'knock for knock' - ie each party pays for their own damage, and no claim against another party results.

I didnt say it wasnt covered under the traffic laws just that my insurance company stated as it was on private land they werent going to fight the case for me. They told me as far as they were concerned they were happy with a 50/50 settlement and it was up to me to take it further if I wanted any other settlement. This is my experience on the matter and maybe it doesnt work that way sometimes but that is what happened to me.

Ev0 · 31 Mar 2006 at 18:57

Dandle said:
I didnt say it wasnt covered under the traffic laws just that my insurance company stated as it was on private land they werent going to fight the case for me. They told me as far as they were concerned they were happy with a 50/50 settlement and it was up to me to take it further if I wanted any other settlement. This is my experience on the matter and maybe it doesnt work that way sometimes but that is what happened to me.

And did you take it further? Legal protection cover thingy becomes invaluable here I find

lordrobs · 31 Mar 2006 at 18:59

Dandle said:
If only id have known that then when i was hit in a car park I could have told them Fox says they are wrong when they refused to take the case on for me.

I claimed when my car got backed into in a car park and the claim went through fine. No need to get arsey with people because you let your insurer walk all over you.

EDIT- sorry, meant to talk about the original post too

Old people really get my goat when it comes to accidents. I was witness to an old lady who hit another car in a supermarket car park, she got out, inspected the damage then as the cars owner called out to her got in and drove off. Another guy (who was braver than me) blocked her path and told her she needed to swap insurance details to which she replies "Oh, no. Its ok dear its only a small scratch to my car, I'm not bothered"

[TW]Fox · 31 Mar 2006 at 19:01

Dandle said:
I didnt say it wasnt covered under the traffic laws just that my insurance company stated as it was on private land they werent going to fight the case for me. They told me as far as they were concerned they were happy with a 50/50 settlement and it was up to me to take it further if I wanted any other settlement. This is my experience on the matter and maybe it doesnt work that way sometimes but that is what happened to me.

More fool you then for not taking it any further and just swallowing the insurance companies bull. If it wasnt your fault it shouldnt have cost you anything.