Whose fault

Purpleozzie

Purpleozzie

Purpleozzie

Associate
Joined
2 Jan 2020
Posts
8
Hiya,

Had a little accident this morning. Wasn't my fault but wondered if legally it wasn't my fault.

I was turning right into a car park. There was a stationary car waiting to pull out of car park.

As I turned in I passed the car and our wing mirrors didn't touch so there was space between us. I then heard a crunch uttered a few expletives, parked up and inspected the damage. There was minimal damage, a tiny scratch to the paintwork, and a small tear in the driver side rear wheel arch..

The other driver pulled up, and she had a much bigger tear to the same wheel arch.

Obviously, it happened behind me, so I'm not sure about the exact events.. but as if was rear to rear and I'd straightened the car at time of impact im assuming she exited car park and turned into me.

So legally who's fault is it?? No witnesses..
 
his offside rear corner against hers

if op turned in cleanly, and she simultaneously cut the corner emerging, her impact would be on his rear corner, not arch, which should incriminate her ?
 
jpaul said:
his offside rear corner against hers

if op turned in cleanly, and she simultaneously cut the corner emerging, her impact would be on his rear corner, not arch, which should incriminate her ?
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You don't understand how car insurance works do you, all that is not relevant with no independent witness
 
50/50 I can’t get my head around how they caught wheel arch to wheel arch and not her wheel arch to rear.

I’m assuming when you turned into the space you were still pulling into it as they caught you, you were not stationery?
 
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The only way I can think this happened after the mirrors passed each other cleanly is if the other driver went to cut the corner, realized they may collide and straightened up again too late.

But I think it will go 50/50 unfortunately.
 
Don.t understand how this happened (arch to arch) if they were stationary when you passed them. Doesn't seem physically possible.
:confused:
 
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Had to use the kids toy cars to work this out. I can see how it happened if it's the other cars rear wheel arch to back. Feels like they turned too late.

With no witnesses I could see it being argued you cut the corner. So likely 50/50 as suggested
 
Purpleozzie said:
There was a stationary car waiting to pull out of car park.
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This is the important bit, if they were still stationary then you hit them, if you cannot confirm they moved to collide with you it will be assumed they were still stationary and their insurance will look to blame you, if not and both of you confirm you were moving then it will more than likely got 50/50 as you haven't any witnesses.

Either way you will now have to report it on any renewal quotes for the then next 4 or 5 years I think
 
People do understand that the rear of turning car does not track the front directly, aren't they? From some of the replies, I'm not sure. The rear always cuts the corner unless you have four-wheel steering, which pushes the back out of the turn. It's easy for the rear of a turning vehicle to hit a object on the inside of the turn that the front avoided.
 
Meridian said:
People do understand that the rear of turning car does not track the front directly, aren't they? From some of the replies, I'm not sure.
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discussion is more about potential for op's offside rear to have extended into her carriageway eg.
if there were a big overhang on his car and he over-steered could rear locus be further out than front.
 
On the basis when I T boned somebody turning right out of a side junction onto a main road and my insurance was going to go 50/50 as the other drivers version was I was overtaking a car turning left at the time, and there was no other witnesses so my word against theirs (pre dashcam days), I would say this will go 50/50.
 
Greebo said:
On the basis when I T boned somebody turning right out of a side junction onto a main road and my insurance was going to go 50/50 as the other drivers version was I was overtaking a car turning left at the time, and there was no other witnesses so my word against theirs (pre dashcam days), I would say this will go 50/50.
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Thanks for confirming what everyone else has said....
 
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