mattdoyle

Was reversing out of parking bay in the works car park on friday, nothing coming, started reversing slowly, then Crump!!!!, some guy in a Neon belted into me and destroyed my rear bumper and ripped my back box off!!!! He must of been doing 30+, have the cctv footage.

Is it totally my fault or is he contributory? what will the insurance say? will it be knock for knock in a works car park?

He wants £500 to fix his front wing!!!!!!

Cheers

Matt

Fizz

iTrader: (1)

I think the insurance won't be interested.. not public car park, private property if it was a works car park (been there myself and didn't get a penny)...

Borat_Drives_A_Scooby

Tell him to take you to court if he wants £500, is his wing gold plated btw ?

You have the evidence of his speed on camera, if he can`t stop in a controlled way in a car park to avoid hitting someone that has already pulled out then he is going to fast simple as.

mattdoyle

Yeh thats what I thought, think I will tell him to take me to court, should I call my insurance company and ask what the situation is, ie knock for knock????

thanks lads

Big_Dan531

i owuld inform ur insurance company and the polics just incase he goes to them as well get in there first and jsut inform them of what happened

Butty

iTrader: (2)

Host the CCTV footage and we'll take a poll on who is to blame.

DCI Gene Hunt

50/50... You should have been looking and he should have been driving slower!

Each pay your own damages... or have a bare knuckle cage fight... loser pays for everything

SwissTony

iTrader: (19)

welcome back DCI

back on topic...

you will need to sort this out yourself, as its your word against his, even the CCTV footage is circumstantial.

DemonDave

iTrader: (13)

Would you HR and\or facilities dept at work help as its their car park and employees?

mattdoyle

just spoke to my insurance and I am liable regardless of speed!!!!!
well unhappy

Borat_Drives_A_Scooby

What a load of bollox, under that theory the next time i have a cracked front bumper or damage to the front end i`ll just go to a car park and wait till someone reverses out and drive straight into them, job done!

If thats the rule its pathetic at best, so they are basically sayng someone can drive without due care and attention like yapping on their phone and not notice someone reversing out then hit them and its the other persons fault.

speedking

You can't just back out without ensuring that there is nothing coming. Is there a posted speed limit? If not then 30mph is not wrong.

I would get my own estimate for his repair.

Borat_Drives_A_Scooby

He said he checked and the path was clear to reverse, sounds like this person came flying from nowhere.

Myles

iTrader: (40)

A whole Neon isnt worth £500. Tell him to poke it and look into it yourself.

[Davey]

Theres public right of way into the carpark so RTA applies... He may have been driving like a C**T but you were reversing at the time so it will be difficult to claim.. worth a crack though!

fbladerrv900

Dude,
i have done the same thing a few years back,
Reversed out of a parking bay, the guy directly behind decided to pull away, next thing both cars were a mess, i called the insurance etc . not good news

Ended up paying for the guys car and mine so i didnt loose any NCB..
its a **** rule

fivetide

iTrader: (1)

Check the cctv. Maybe you were at a standstill and he hit your stationary vehicle...

vindaloo

Unfortunately, it's a case of reversing = manoeuvring so unless there's particularly compelling circumstances and/or evidence, it's your fault according to insurance and RTA rules/law.

Work carparks are a nightmare. Come home time everyone's an escapee and just wants to get the hell out.

J.

satancom

A good point.. I had a bump last year (it was in a £300 shed so not fusseD). I was pulling outa a petrol station towards a slip road on the dual, some plum in an Escot shot through the tanker filling station through a one-way system trying to go to mc donalds avoiding speed bumps.

Technically i pulle dout infront of him but the insurance companies battled (for 11 months) and finally it was put down to him being a **** speeding through the garage forecourt, they went after him on driving without due care!

Its not always as simple as that. The main reason I was found to be innocent is that i didn't get outa first gear (it was a old toyota) and came to a standstill befor he hit me.. he hit the centre of the front grill and slid through the rest of the front end! A agarage full of people shaking their heads but none would be a witness

[Davey]

This is why you should always reverse into a parking space!!

fivetide

iTrader: (1)

That's shameful!!!

Just shows it is worth checking... especially if you saw him and stopped and he didn't stop...


5t.

mattdoyle

Eeeerrrr anyone know where I can get a rear bumper for a MY99?
(Are they all the same????)

cheers

Matt

[Davey]

Around 96 they changed, the earlier ones have got a swage line/recess...

Varboy

Primarily your fault I'm afraid.

Though it is in your interest to ask your insurance to dispute 100% liability and go for contributory negligence. Not sure if the CCTV evidence is admissable?

An engineers report may substantiate your claim that the impact occured at speed, or it may not.

Contributory negligence is your best hope.

Think of this in another context, if this was some kid you had knocked off his bike, then I doubt people on here would be so gracious...

Sprint Chief

Contrary to what some have posted here, if the car park is private property (careful here - it may not be!) then there is no given right of way between the two of you, and the incident would normally be treated knock-for-knock.

Most of the Road Traffic Act does not apply under these circumstances, except for one thing: dangerous driving applies on private property (and yep, if you go to a disused airfield and tool around without proper authority you can be done for dangerous driving). If you can prove dangerous driving on the other drivers part, he will be responsible for the damage (and could get points/ban as well).

If you can't prove dangerous driving, then trying to prove responsibility is going to be near impossible (since there is no automatic right of way between the two of you).

Disclaimer: this is not advice, just my opinion, and you use it entirely at your own risk

[Davey]

Sorry but the RTA was revised Circa 1996 to include any places that have public right of way which includes carparks... A ****ter I know..

mattdoyle

Gents
Thanks for all the advice, I have notified my insurance, but have told them I dispute liability based on his speed, we will see what they say

Varboy

Keep us in the loop and good luck.

Sprint Chief

No need to apologise. I have a pretty good working knowledge of the Road Traffic Act and the Motor Vehicles (Off Road Events) Act as I organise motoring events at airfields, although I don't know them inside out.

I think what you are referring to is when the RTA was extended to public places in 1991, but only 3 offences apply in public places:
1. Death by dangerous driving
2. Dangerous driving
3. Careless driving

Giving way to others etc. have never applied to public places. A consultation took place in 2005 to consider extending some other road traffic act offences to public places but has not been actioned in parliament.

Gutmann pug

What would you be saying if the boot was on the other foot and you drove round the corner and he reversed into you? Bet you wouldn't be happy then

Sorry to say it but I reckon he is in the right, you are in the wrong and should stump up.

Ask him to prove the cost of the wing via a quote. I can imagine a wing plus paint and labour will cost a few quid though