Had a bump, not my fault...

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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.
 
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?
 
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.

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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