Who's really at fault here?

daelo

daelo

daelo

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22 Sep 2009
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Morning all,

So I was pulling into a parking space in a Tescos carpark last thursday well away from any other cars. I drove front in but not at the greatest angle meaning I would have to reverse and straighten up, thing is as I was reversing I somehow didn't spot/car came out of nowhere and I bumped into his front wing, popping it out. The driver was some ditsy old man driving a citroen C2. I may / may have not looked out carefully enough for his car, but surely he shouldn't have been trying to pass my car as I was trying to maneuver my car into the spot.

We swapped insurance details and foolishly instantly said I'd pay for the damage to his car as it the damage to my back bumper is negligible and would polish out. He was going to take it to a citroen garage but ended up using a local body shop local to him and they want £258 to fix the damage, pictured below!

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I honestly don't know who's fault it could have been, no witnesses and no cameras at this point of the carpark, but looks like I'm coughing up £258 on my own part for something I do not believe was 100% my fault, I'd like to split 50/50.

I don't want to go through insurance as I'm still 3rd party and I'm literally in the process of switching insurers due to a DR30 expiring after 5 years and having a clean licence + 3years NCB, also I only put my estimated mileage down as 5000, which would have covered 3 months of insurance cover from november till feb until which point I was going to cancel the policy and get a refund, switch to fully comp and save a fortune!

Advise me gurus!! It's my birthday next week and at the moment looks like I'll have to be cancelling all plans to fund a pensioners bumper repair! :mad:
 
Through insurance it would very likely end up 50/50 but if you've now offered to pay I can imagine the reaction you'd get if you went back to try and split the cost.

£258 sounds like a quote for a new bumper and possibly fog cover which they will then paint. That bumper could be moulded back into shape with heat and possibly some plastic welding on the clips but tbh you aren't in any position to dictate how it should be repaired.

In other words, it's more than I would pay to fix my own car with that damage but may be worth paying to make a claim go away. Make sure you get something from him to say that is accepted as recompense for the accident and no more action will be taken.
 
I'd imagine insurance would see it as "You were reversing out of a space into his path, and he had right of way. You're at 100% fault".

If going the non-insurance route (which I too would for something that cheap) make sure you both sign something saying that you've paid £xxx in full and final payment, and the matter is now considered closed.
 
Mucky_Pup said:
Your fault IMO, you reversed out of a parking space into a moving car.
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This^

£258 seems reasonable to keep this off your insurance. Bear in mind if the other chap has told his insurance you may get some awkward questions further down the line......
 
Is there an obligation on my part to tell my insurance company that I bumped into another car and paid for the repair without getting insurance involved, if i choose to do so that is.
 
daelo said:
Is there an obligation on my part to tell my insurance company that I bumped into another car and paid for the repair without getting insurance involved, if i choose to do so that is.
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yes but they will put your premiums up for the next 5 years if you do, so up to you if you do

my advice would be slip the old boy £300 tell him to get himself a nice bottle of whisky with the change for the inconvenience and thank the starts for a lucky escape and protecting your no claims bonus :)

oh and don't forget to get him to sign a receipt stating this is full and final settlement
 
If he notifies his insurance then surely his premium will also go up? So I'm thinking he has as much incentive as me to keep the insurance bods in the grey when it comes to both parties...It never happened!
 
daelo said:
If he notifies his insurance then surely his premium will also go up? So I'm thinking he has as much incentive as me to keep the insurance bods in the grey when it comes to both parties...It never happened!
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Until someone convinces him to earn a quick £2k by claiming whiplash off you, then it gets tricky.
 
PMKeates said:
You could equally argue that the OP was in front of the C2 driver, was turning in to a parking space, and the C2 drive drove in to the back of him.
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You're right, lying is an option.

You reversed out of a space into the path of a car, no matter what car park etiquette spin you put on it you are practically at fault, although insurance might take the 50/50 path.
 
I'd be pretty happy paying £258 for that. My car was recently damaged not much more seriously than that and its costing me over £1000 to sort out
 
When I passed my test (1991 :() when someone was manoeuvring into a parking space then people used to wait. I've noticed over the years that more and more people are just driving past without even a thought of 'has he seen me?'
 
MissChief said:
When I passed my test (1991 :() when someone was manoeuvring into a parking space then people used to wait. I've noticed over the years that more and more people are just driving past without even a thought of 'has he seen me?'
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If someone ahead of me drove into a space I would be hanging back expecting them to reverse out and straighten. Similarly, if someone was reversing out of a space and I was driving past, I would stop or reverse back out of their way if possible... and if there was someone behind me preventing me from doing so, I would jam on the horn for "oi stop reversing haven't you seen me"... I certainly wouldn't just sit there and let them reverse into me!
 
The other party could have avoided the incident and doesn't sound particularly intelligent driving past a reversing cars, but in simple terms he had right of way and you did not so you are at fault. It is no different to pulling out of a junction onto an oncoming car, the onus is on yourself to ensure it is clear before performing the manouver.

I personally think £250 for the damage is a bargain. Someone rear ended me before christmas with relatively minor damage and the insurance quote for the works is about £2k. The other party would be within their right to expect it to be returned to the condition before you collided it, therefore new bumper and fog light surround sprayed up and fitted.
 
Stringy said:
You're right, lying is an option.

You reversed out of a space into the path of a car, no matter what car park etiquette spin you put on it you are practically at fault, although insurance might take the 50/50 path.
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What I'm saying is that you could consider the OP to have not completed the maneuver, and the C2 driver impatiently attempted to drive past.. assuming the C2 was moving on impact.
 
I think you've answsered you own question.

"thing is as I was reversing I somehow didn't spot/car came out of nowhere and I bumped into his front wing"

Cars don't come from nowhere, plus you were reversing into moving traffic. If you couldn't see a car your chances of you seeing a pedestrian were zero. £258 quids sound cheap I'd let him get it done.

Upside is it's only paint and metal, not flesh and blood so no harm done. I bet you look next time..;):)
 
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