Had a bump, not my fault...

TheMagicPirate

TheMagicPirate

TheMagicPirate

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...although it might have been in retrospect.

Yesterday I was driving out of Kings Road onto the B6338. As I approached the junction a construction worker stopped me so that a large lorry could get out of the side road that joins onto Kings road just before the junction.
While I was stopped a man in a Range Rover reversed off the path and into the side of my car causing a fair bit of damage to the rear left door.

I thought it was a pretty cut and dry claim, he claimed not to see me, ala, his fault.

Now I've just spoken to him today and it turns out that where I was stopped by the construction worker was actually on the zebra crossing on Kings road.

Naturally he doesn't want to claim on his insurance if it wasn't his fault so he is speaking to his insurance company tonight to see what they say.

Given that I was on a zebra crossing (that I know I shouldn't have been on but didn't actually realise at the time) but was also stationary when he hit me, what are the chances that the claim will still go against him? And if it comes out at 50/50 or against me, is it worth fighting it.
 
I think I would side with you, he still reversed into you and presumably would have squashed anyone on the aforementioned crossing had you not been there !
 
in this i would guess it will be 50/50 as

1) He did not look when reversing
2) You was on Zebra crossing

Silly question but have you double checked that you WAS on a zebra crossing at point of impact?
You could claim that the construction worker stopped you and just before you was about to move off of the crossing he it you, thus being his fault and not allowing you enough time to move :)
 
makes no odds where you were stopped to be honest
he should have checked his mirrors and looked over his shoulder before reversing..does he regularly reverse over people on the zebra crossing because he doesnt look?


always check before you move the car, its a simple rule... and I would say reversing into a stationary vehicle regardless of where its parked is negligence on his behalf
 
Correct me if I am wrong, but a zebra crossing is only a crossing when there are people waiting to cross. Otherwise, it is a normal piece of the road.

You can stop on it, provided there is no one waiting to cross!
 
[TW]Fox;14963454 said:
So its ok to reverse into vehicles on zebra crossings? Thank god it wasnt a pedestrian if he missed your car!
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I think that sums it up you could argue he should have been looking more because of the crossing!

i see no way its any thing but his fault, plus you were stationary which always makes things easyer.
 
Thanks for the replies guys, I hoped (is hope the wrong word?) it would go against him.

Do you think his insurance company will argue the toss or just get tell him to pay up?
 
When we go Green laning around uber tight corners & bends that are blind because of Over grown bushes & the like we Live by a rule.
Go slow enough to stop as if Anybody hits you whilst you are stationary it Has to be there fault. ;)
You was stationary & he hit you, How on earth could it be Your fault. :)
 
There's a road near me that I've been down a few times now that has a zebra crossing a couple of metres from a junction... if you couldn't stop on it you'd be trouble when giving way to join the road!
 
TheMagicPirate said:
Now I've just spoken to him today and it turns out that where I was stopped by the construction worker was actually on the zebra crossing on Kings road.
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Get his insurance details, call your insurance company and let them deal with it. He reversed into you. It's 100%, unquestionably his fault.

You did get the construction dude's details as a witness, right?
 
I would say 100% his fault and you should fight it if they say otherwise.

Personally, if he started to be an ass i would develop some neck pains from the impact - add a couple of grand to his claim.
 
martinweston said:
Personally, if he started to be an ass i would develop some neck pains from the impact - add a couple of grand to his claim.
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Funnily enough I actually woke up with a stiff neck this morning :) I think its largely down to the way I was sleeping last night however.

I got a call yesterday from a rather sexy sounding lady from his insurance saying that they have accepted liability and they are going to repair my car :)
Need to take it up to a local garage to get the work quoted before they order parts etc...

She also asked if I'd suffered any injury's and I said no. When I later spoke to my old man he said I should have claimed for whiplash. I could really use the cash too, but my dam conscience (and the missus) wont let me claim.

On a serious note tho, how long can it take for whiplash problems to appear, I've been pretty much fine since it happened last Thursday but I don't want something to develop down the line and for me to be up the creek because I didn't do things by the book. Is it worth me going to the docs. At least then if something does develop, I at least didn't do nothing.
 
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