Minor car crash - Who's at fault?

RastaManBob

RastaManBob

RastaManBob

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2,254
Hi,

My friend was involved in a minor car crash two days ago. At the scene the other party admitted they had other things on their mind and would stump up the cash out of insurance. Later my friend got a phone call saying he'd looked at his own car and found little damage and so decided to get his insurers opinion and faxed a photograph. They suggested that it was my friend who was in the wrong and he should go through the insurance. No way of knowing if this communication ever really did happen of course.

My friend meanwhile drives a Ka and his o/s bumper, wing and door all have damage.

After meeting with the guy in the afternoon it appears his primary concern that was at the point of impact was friend was on the wrong side of the road and therefore the other party had right of way.

Below is a quick Google maps image. I'm pretty naff at these so bear with me. The situation is as follows:

The black square is a van unloading with it's rear in line with the path (Note the gap in the bushes). My friend is the red arrow going onto the wrong side of the road to pass the unloading van. The blue arrow is the other party leaving the car park. I believe he intended to turn left however I was not there and nobody is very clear on the details.

pic.jpg


This case has now been passed on to the insurers to sort out, as neither party believes they are at fault.

I know it's a difficult question, but where would you lay the blame? Or do you think it'll go 50/50?

Seems to me like it would have been better sorted out of insurance if possible, as the other guy mentioned he has an excess of £400, as does my friend who also stands to lose his 3 years NCB... The other party was happy to leave the damage as it was (He claimed "It's already got a few scuffs, so I don't mind if it has another on the bumper... Not like a future buyer will care") and therefore the only real case for payout was to repair the damage to my friends car... Could be an expensive way of sorting it out!

Look forward to hearing from you.

Cheers.
 
I'd say blue arrows fault, as they are waiting to join the main road. However in my opinion it will probably go 50/50.
 
So the blue car drove into the side of the red car while attempting to join the highway, it can only possibly be his fault regardless of which side of the road you friend was on he has right of way.
 
It's the blue cars' fault, the red car HAD to pass on the other side of the road. The blue car was joining the road from the car park and does not have right of way and should have LOOKED instead of just pulling out. Also get your friend to make it clear that the other party admitted to having "other things on their mind" at the scene of the incident.
 
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Blue cars fault but with insurers you can never be too sure, make sure your friend puts that he indicated when overtaking the parked van in his claim.
 
Janesy B said:
It's the blue cars' fault, the red car HAD to pass on the other side of the road. The blue car was joining the road from the car park and does not have right of way and should have LOOKED instead of just pulling out. Also get your friend to make it clear that the other party admitted to having "other things on their mind" at the scene of the incident.
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I'll fix that for you while I quote it to agree :)
 
It is the blues car's fault but car parks can be grey areas in terms of rights of way and liability, this is particulary true if this is classed as a private car park meaning owned by a bank, shop, etc. My father had someone reverse into him out of a space as he was driving along the path exiting a car park. They other driver simply did not see him it but it went 50/50.

My guess is that this will probably go 50/50.
 
Thanks for the replies.

I'm not sure about if my friend indicated... I'd have to ask.

The car park is actually within the ground of the University of Nottingham campus, and anybody that is familiar with it (Just opposite Hallward Library) there are always cars parked up one side.

I'll make sure he tells the insurer that the guy said he had other things on his mind too.

My friend did say he had a witness who at the time gave him his telephone number however when I last spoke to him he had not called the guy back. He might have since filing the insurance claim, however, I don't know as I have not spoken to him since.
 
I'd say blue too.

Your friend was proceeding 'correctly', it's the blue who's in the wrong, I think. I'd be suprised if they palmed that off as a 50/50 to be honest!
 
My only concern is that my friend does not do a very good job at standing up for himself. When he met the guy for a second time I went with him. At first I left them to it, but I could see the guy was trying to get him to "just leave it". This is where I intervened slightly. I did not want to get too involved but told the guy that I didn't think what he was saying was necessarily true (He was suggesting that his insurers had claimed with absolute certainty that he had right of way and that my friend did not) and advised my friend to at least consider a decision and speak to the guy later, rather than making it at the road side when he was also a little bit nervous (First incident, and he's shy as it is).

Put it this way, if he speaks to the insurance with as much confidence (Very little) as he did to the guy, he is not going to put over a very convincing case.

The majority of the replies have basically confirmed what I'd told him as my thoughts, on the day... I just hope he makes everything explicitly clear to the insurers.
 
[TW]Fox;13584026 said:
Nobody appears to have mentioned that overtaking is an 'at risk' maneuvoer yet..
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He wasn't overtaking, he was passing a stationary object. If the van was moving at the time, that would be overtaking. Am I incorrect in thinking that?
 
That doesn't seem to a proper entrance road to the car park. There are no junction-like road markings.

There is even a solid white line seperating the road from the car park.

IMO "rights of way" are clutching at straws. With those road markings the blue car certainly would have no rights at all. A competent driver just wouldn't pull out onto a main road without making sure it is clear and understanding everyones intentions.

The blue "assumed" (if he saw him at all) that the red car was going to wait and not pass the truck. Therefore it should be the blue cars fault.

My money is on 50/50 though. That's just the insurers fall back option if no one can agree.
 
RastaManBob said:
My only concern is that my friend does not do a very good job at standing up for himself. When he met the guy for a second time I went with him. At first I left them to it, but I could see the guy was trying to get him to "just leave it". This is where I intervened slightly. I did not want to get too involved but told the guy that I didn't think what he was saying was necessarily true (He was suggesting that his insurers had claimed with absolute certainty that he had right of way and that my friend did not) and advised my friend to at least consider a decision and speak to the guy later, rather than making it at the road side when he was also a little bit nervous (First incident, and he's shy as it is).

Put it this way, if he speaks to the insurance with as much confidence (Very little) as he did to the guy, he is not going to put over a very convincing case.

The majority of the replies have basically confirmed what I'd told him as my thoughts, on the day... I just hope he makes everything explicitly clear to the insurers.
Click to expand...

if he's a bit shy like that, then why not call up for him :)
 
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