I was unfortunate enough last friday to have a bump in my Scooby, I was reversing off my driveway and the person who lives opposite me had parked directly opposite my driveway.

I had passengers in the car and my rear view mirror had my mates head obscuring my view. I reversed back and looked in my side mirror and saw nothing. I went further back and I heard someone shout "Watch that car!!"..

Crunch... Too late, I had put my rear left corner into his passenger door. The Scooby's fine, just a bit of paint missing off the bumper and a new light cluster required which I managed to aquire for £0.
I went and told the guy that I'd bumped his car and he wasn't too pleased understandable. I swapped insurance details and went on my way.
Later that day I phoned my insurers to report the incident and they took all the details and sent me out a Claim Form. I was filling it in when a friend of mine who's a policeman said "Make sure you write down that the vehicle you hit was illegally parked"
The vehicle was parked with 2 wheels on the pavement and 2 wheels on the road, and in the highway code it states
<B>218. DO NOT park partially or wholly on the pavement unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs, the visually impaired and people with prams or pushchairs.</B>

So basically he was parked illegaly and I wonder if my insurance company will pick up on this and make him liable for the damage. ??

O.M.

I hit a car illegally parked a few years ago, I was moving round some very narrow one-way streets in a transit minibus, a corsa was illegally parked right at a corner and when trying to move around it I clipped the rear of the corsa, the owner of the car simply had parked too close to the corner and hadn't left enough room. I called the police as I couldn't find the owner and they basically said tough you hit it, so its you fault.... (that said I have found from bitter experience that non traffic branch members of the RUC know absolutely nothing about traffic law)

Just my 2penneth..


Andy

As far as I know, The Highway Code is just that, a code. It is not a Road Traffic Act, not sure whether he was illegally parked - you would need witnesses/proof of the cars position.

Hitting a stationary, empty, car usually means you are liable, sorry.

Pete

*cough**choke*

I agree with Pete..... http://bbs.scoobynet.co.uk/eek.gif

DJ

Okay, I am confused.
If it is just a code how come you can get a fixed penalty ticket for having two wheels on the pavement. In my road there are no yellow lines but you can still be ticketed for having wheels on the pavement.
Mmmmmmmmmmm.........
Andy.

It is killing me to say this, but as with Docjock I have to go with Mr Lewis http://www.stopstart.fsnet.co.uk/smilie/singer.gif on this one. Sorry.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by tarmacterrorist:
<B>Okay, I am confused.
If it is just a code how come you can get a fixed penalty ticket for having two wheels on the pavement. In my road there are no yellow lines but you can still be ticketed for having wheels on the pavement.
Mmmmmmmmmmm.........
Andy.[/quote]


Thats because you are getting a ticket for obstruction - NOT because you contravened page 8 sub-section 11.b of the highway code (or whatever it is! http://bbs.scoobynet.co.uk/wink.gif)

Pete

Xmas and DocJock - Careful now!! http://bbs.scoobynet.co.uk/wink.gif

I NEED you two to keep me going!! http://bbs.scoobynet.co.uk/biggrin.gif

Pete

Octane Man,

Don't be an ****. You made a mistake, be fair.

I'm assuming that if he was parked with all four wheels on the road you'd have hit him harder? I can't see the insurance passing blame on to your neighbour entirely and at worst you're likely to affect two sets of no claims, drag the claim out and offend and possibly incriminate someone you have to live opposite to.

As posted, its unlikely to not be liable in such an accident even in light of the technicalities. Sorry.

O.M.

The legal stuff in the Highway Code includes "MUST NOT" in red text. Stuff with "DO NOT" is a guide and not necessarily the law (although it can be a contributary factor).

Did the pavement in question have a dropped kerb? I think that it may be illegal (or at least very naughty) to mount a full kerb.

mb

p.s. I am _currently_ parked with two wheels on the pavement, but over a dropped kerb and with four feet of clearance on the path.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by pslewis:
<B>Xmas and DocJock - Careful now!! http://bbs.scoobynet.co.uk/wink.gif

I NEED you two to keep me going!! http://bbs.scoobynet.co.uk/biggrin.gif

Pete[/quote]

Careful Mr Lewis Sir, you almost displayed another emotion other than rampant cynicism
(and yes I know I've probably spelt it wrong Sir)

Bloody MS Internet Explorer, keeps posting twice

[This message has been edited by Christmas (edited 21 September 2001).]

Christmas,

are you getting problems with caching/posting?

For the last few days, when i post a reply it doesn't appear (to me) for ages, despite refresh, shift-refresh or ctrl-refresh.

Is this a BBS problem, or my ISP? What are your symptoms&gt;

mb

Ah right...interesting.
Thanks.
Andy.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by boomer:
<B>O.M.


I think that it may be illegal (or at least very naughty) to mount a full kerb.

.[/quote]

Is that in the same way that its very naughty to mount a donkey?? http://bbs.scoobynet.co.uk/wink.gif is it illegal too?? http://bbs.scoobynet.co.uk/biggrin.gif

Pete

BTW....
No problems with caching for me.
IE 5.5 with SP1.
Andy.

Before you get bogged down in the insurance issue, be sure to consider the whole picture.... Let me explain.

Assuming you take responsibility, what's it gonna cost..... a few hundred quid in cash to your neighbour to sort it out off the insurance record, or maybe a similar amount but probably less through increased insurance premiums if you go the other route.

So there you go....costs you a few quid, but IMHO it was your fault anyway so there.

NOW....Think about this, if you contest this yo are likely to fall out with your neighbour big time... and neighbour from hell situations are a complete nightmare. What happens when your car gets nicked (god forbid) and the only witness was the neighbour you just drove into? And you never really were sure who it was put that malicous scratch down the side of your car about a month after the whole incident...... I could go on, but I think you get my drift.

Sorry mate...that's my view.

Tom H

I refuse to agree with a certain learned friend as I am sure this behavior is the result of a new virus spreading through the community. It must be stopped as if it continues to replicate in this manner there will be no one for him to argue with.

Regarding the accident OM you were unlucky/innatentive accept it. How would you respond if he reversed into you and pulled a similar stroke? I wouldn't want to risk parking near a disgruntled neighbour.

Surely there can't be that much damage if you want to avoid the claim pay for the repair.

Would you like it if somebody damaged your car and then tried to blame you ?

Dave.

[This message has been edited by DemonDave (edited 22 September 2001).]

O.K. Guys... thanks for the input.

I was just seeking other opinions on this matter, my girlfriend keeps saying that it's very annoying that the other neighbour parks there and don't give a 5hit about other road users. I've asked him a few times if he could possibly park a bit further down or use his double driveway as it makes reversing out in my dads Jag a nightmare. His reply was "I'll park where I like" I replied that it also obscures the view when coing down the hill of his kids & others playing just past it. WIll it take the accident of a child & car for him to park his car on his perfectly good driveway.

Go on shoot me down in flames on this but when it happened I laughed saying to him. "Well I have asked you to move your car a few times" to which he replied "F$~# Off"

I've never really got on with him anyway..

Anyone know anywhee I can buy a cheap Tank ? http://bbs.scoobynet.co.uk/biggrin.gif http://bbs.scoobynet.co.uk/biggrin.gif http://bbs.scoobynet.co.uk/biggrin.gif http://bbs.scoobynet.co.uk/biggrin.gif http://bbs.scoobynet.co.uk/biggrin.gif

O.M.

Om,

you just wrote

"my mates head was obscuring the view"

by your own admission you couldn't see where you were going. That might be concived as dangerous driving? Or driving without due care?

best to just pay out.

O.M.
The principal remains the same but had that latest bit of info been added earlier there may have been a more sympathetic response http://bbs.scoobynet.co.uk/smile.gif
The guys a prick.
So as you dont get along, why not but a wreck with 9 months tax and choose to park it "where you like" i.e just opposite your drive?
Or following on from Toms post wouldn't it be unfortunate if some boy racer in a worthless heap ......... http://bbs.scoobynet.co.uk/biggrin.gif

OM

Seems the guys a pr%$k but you reversed into his car when your vision was obscured! Couldn't you have asked your mate 'Excuse me old bean but could you possibly move your cranium to improve my rearward visibility..??'....

And why not reverse INTO your house/drive? It's much easier to get out of spaces forwards - especially when you live opposite someone who can't give a t%£s....?

Just thoughts....

Dave

Come here with half a story Octane Man! That makes things a little clearer. The legalities etc. of the situation all still stand but maybe the inconvenience of having his car off the road may convince him that you were right all along.

[This message has been edited by Ian Griffiths (edited 23 September 2001).]

As said before on this post I am not sure that items in the highway code are "Law". However, I always thought that reversing from a drive into a road can be "illegal". You should reverse from the road into the drive. NOt sure - but just be careful and sure before you start spouting "Law" to Insurers and "troublesome" neighbours!

Good Luck :-)

I've been asked to move on for parking on the pavement before. When the kids were little in pushchairs it was so annoying when people parked on the pavement.

I beleive it is illegal, and that there is such a thing as contributory negligence. Had he not been parked on the kerb, he may have come into view in your side mirror.

Just mention it in your report, that he was parked on the pavement, then if the insurers want to persue it they can and you have done nothing malicious.

That said OM you're still a knob for not making sure you could see where you're going!!!

Good luck.

Dave

Get mates with smaller heads.

O.K. Everyone I admit it I'm an arse for not seeing the other car in time. I'm biting the bullet and getting it sorted out on insurance as the the damage to his car was considerable (Crushed passenger door, cracked window and quarter side panel kinked)

I received my claim form to fill in which I did and made amendments as they had my registration wrong and it was showing TPFT not COMP.

I sent off my completed claim form to the insurers and they phoned me this morning and said "You've filled in the registration wrong" "Nope I said, I corrected it as you had the old registration number, I phoned you in April when I put the private plate on the car and informed you" They said "Just a minute" and put me on hold, a guy comes on the phone and said "Hello, I believe you want to change your details on you policy" and told me it would cost £20.... http://bbs.scoobynet.co.uk/eek.gif http://bbs.scoobynet.co.uk/eek.gif

Hucking Fell !!!!


I told them that I'd already informed them in April and they said "Fine, we'll amend our records and send you updated documents out" I never received them. This whole thing is becoming a nightmare and I wish I hadn't bothered taking that day of work to take some visitng friends out.

O.M.

<B>p.s. "Dave P" thanks for you comments but I don't take kindly to being called a knob. You being a "Banker" and all, did I spell Banker correctly ?</B>

[This message has been edited by Octane Man (edited 24 September 2001).]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by Somerset Yokel:
<B>As said before on this post I am not sure that items in the highway code are "Law"[/quote]

They are not - though the Code is often considered in Traffic Law violations in court as a general guide. In this case however, the parked car was contravening the Road Traffic Act (don't ask me which bit - I'm not *that* sad http://bbs.scoobynet.co.uk/wink.gif ) which says you must not park "with one or more wheels" on the pavement. That's why you can get a parking ticket for parking on the pavement, it's the law!!!....

In this case, if the car was parked fully on the road, as I understand it, it would have been say a foot closer to your car which would presumably have caused *more* damage (due to it's closer proximity???).

Bad Luck M8..... http://bbs.scoobynet.co.uk/frown.gif

Matt http://bbs.scoobynet.co.uk/smile.gif