UK Insurance legistlation

Mr Alam

Mr Alam

Mr Alam

Associate
Joined
24 Apr 2021
Posts
1
Hi, i was driving down a busy highstreet road.

the car in front of me was stationary with indicator on for parking.

I assumed she was waiting so I began to overtake.

as i began overtaking she began reversing in to a car space to our left, i clipped her front bumper as this all happened.

In the UK if this went through a claim, who would be at fault?
 
Probably go 50/50 - they should have checked before manoeuvring ultimately.

Driving a larger vehicle I hate it when people are too impatient to let me finish manoeuvring before they try and go.
 
Mr Alam said:
Hi, i was driving down a busy highstreet road.

the car in front of me was stationary with indicator on for parking.

I assumed she was waiting so I began to overtake.

as i began overtaking she began reversing in to a car space to our left, i clipped her front bumper as this all happened.

In the UK if this went through a claim, who would be at fault?
Click to expand...
Depends, do you have dash cam footage?

If not, most likely be your fault due to..
1. Being impatient
2. Passing too close

Only way to prove against the above is with footage.
 
It sounds (to me) like the very definition of shared blame.

I see it as:

You should have been more patient/ assessed the situation better and the other driver should be looking properly before moving
 
Mr Alam said:
Hi, i was driving down a busy highstreet road.

the car in front of me was stationary with indicator on for parking.

I assumed she was waiting so I began to overtake.

as i began overtaking she began reversing in to a car space to our left, i clipped her front bumper as this all happened.

In the UK if this went through a claim, who would be at fault?
Click to expand...
Greggs
 
Mr Alam said:
I assumed
Click to expand...

This is why you hit her, was it a case of she stuck her indicator on and you impatiently decided to overtake immediately, or did you wait for a few moments to check what she was doing?

Either way it will go 50/50; she should have noticed you overtaking and stopped, you should have waited until you were sure what she was doing before overtaking
 
tbh, I think the fault is more with the OP (and possibly a lack of experience/forethought that a car with indicators on, crawling next to a row of cars, might want to reverse-park into the space). (dare I ask whether this was a last minute swerve/overtake to avoid rear-ending her, if the OP wasn't expecting her to start reverse-parking towards him?!? - or was it stationary traffic, she's just crawled past a parking space, indicated, stopped and the OP has started to overtake while she was putting it into reverse - again, OP rushing and not considering other traffic)

The parking car indicated and did everything correct (up until the impact) according the the OP. Some people are suggesting she could have stopped when she saw the OP overtake, but how do we know she didn't? It sounds like she indicated, waited for a gap and started the manoeuvre, thus the car is swinging out wider, the OP starts to overtake (which probably suggests he didn't leave enough space for her to park or was a last minute swerve to avoid rear-ending, as who the flip overtakes a parking car...), whether she stops or not, the OP is going to hit her.

While I think the insurance will probably go 50/50. I guess it could be possibly swayed in her favour if she has a dashcam to show she stopped prior to the impact, or the OP driving like a prat, or in the OP's favour if he has a dashcam showing she started to reverse-park while he was still approaching her and she didn't wait for a suitable time/gap to park... but I think the blame is more on the OP, and evidently not giving enough space while overtaking.

She was parking, and it was the OP's decision to overtake the caused the accident. without him doing that manoeuvre there wouldn't have been the accident, so I think she's got an argument against the OP...
 
I agree that this sounds like shared liability, but actual footage from one of the cars might change that.

The parking car should have made sure it was safe to reverse, but exactly how reckless was the OP in trying to overtake on a busy high street? For example it's possible that she did everything right and (depending on timing and speed) the OP gave her no chance to avoid the accident.
 
50/50 for me
You misread the situation
SHe didnt check properly although you could have been in her blindspot and were seemingly impatient

Going by your post she must have reversed in pretty quickly as you passed her as you said you had just started to overtake. So how close were you to her
 
Haggisman said:
People in Birmingham :mad:

Usually driving an "i'm more important than you" poverty spec leased German rep mobile
Click to expand...

Happens everywhere - when driving my pickup I need a bit more space to manoeuvre and/or have to take a bit of a different line to park - loads of times despite slowing down and indicating, etc. so it is very clear what I'm doing someone tries to squeeze past mid-manoeuvre and if it wasn't for the fact I half expect it would have had people go into me a number of times.
 
Tbh I don't bother reverse parking on a high street, better to mount the kerb and reverse it back, you end up feeling pressured when attempting to reverse on a busy high street. Probably for the exact reason that we all are impatient in waiting for someone to park up.

That said in the OP defense, if he didn't see a reverse light and the car sat there with indicator on I'd have assumed the car is parked up like a lazy driver rather than finding a proper parking space. The driver probably didn't check the blind spot before reversing.

Without footage it'll be 50/50 blame probably.
 
DereksDontRun said:
tbh, I think the fault is more with the OP (and possibly a lack of experience/forethought that a car with indicators on, crawling next to a row of cars, might want to reverse-park into the space). (dare I ask whether this was a last minute swerve/overtake to avoid rear-ending her, if the OP wasn't expecting her to start reverse-parking towards him?!? - or was it stationary traffic, she's just crawled past a parking space, indicated, stopped and the OP has started to overtake while she was putting it into reverse - again, OP rushing and not considering other traffic)

The parking car indicated and did everything correct (up until the impact) according the the OP. Some people are suggesting she could have stopped when she saw the OP overtake, but how do we know she didn't? It sounds like she indicated, waited for a gap and started the manoeuvre, thus the car is swinging out wider, the OP starts to overtake (which probably suggests he didn't leave enough space for her to park or was a last minute swerve to avoid rear-ending, as who the flip overtakes a parking car...), whether she stops or not, the OP is going to hit her.

While I think the insurance will probably go 50/50. I guess it could be possibly swayed in her favour if she has a dashcam to show she stopped prior to the impact, or the OP driving like a prat, or in the OP's favour if he has a dashcam showing she started to reverse-park while he was still approaching her and she didn't wait for a suitable time/gap to park... but I think the blame is more on the OP, and evidently not giving enough space while overtaking.

She was parking, and it was the OP's decision to overtake the caused the accident. without him doing that manoeuvre there wouldn't have been the accident, so I think she's got an argument against the OP...
Click to expand...

I'd go with this tbh. When I learnt to drive I was told to wait until they had completed their maneuver.

Woden said:
OP won't ever return, but if they do they should post the dashcam footage
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He checked back last night a 9:22pm.

Given the lack of response, guessing the answers given weren't what he was looking for, an absolvation of blame....


EDIT, I'm not sure absolvation is an actual word but you get what I mean
 
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