hunter007

Hello peeps,

So i was involved in an accident in a carpark today

Just looking for some information and advice here, and to be prepared for the worse.

Not sure if it was my fault or the TP or both

Ive made up a little diagram (my paint skills are poor) hopefully should be able to make it out,



I am car B, ive revered out the parking bay, and a Taxi driver (A) drives into the car park, pretty fast, i see him slam my brakes and bang,

Ive damaged the back of my bumper and scraped his door bit of the wing is damaged too..

Im thinking he must have saw my car moving as he just came into the car part and should have stopped but instead carried on moving. Pretty sure i applied my brakes in time.

He was supposedly on the radio too i was told by people in the car park.

I am insured Fully Comp, damage to my car is probably £150-£200

my Excess is £250,

Im going to notify insurance tomorrow, but its not even worth me making a claim, and hes defiantly going to make a claim.

what have i got coming??

thanks

vindaloo

Shaggy1991

iTrader: (1)

Stole from here : http://wiki.answers.com/Q/Who_is_at_..._a_parking_lot

Parking Lot Accident:

There are several things to consider in a parking lot accident like this one:
Where is the point-of-impact between your two vehicles? If the other car backed into your left rear door, for instance, he's probably at-fault for this loss because you have been well in control of the aisleway.
Where were your vehicles located after the impact? Was the other car half-way out of its spot? Three-quarters? Or just starting to back?
Are there any independent witnesses to confirm liability (this means anyone who was not located in your car or the other driver's car).
How wide is the parking lot aisle? If it's wide enough for two vehicles, were you traveling right next to the line of parked cars, or trying to stay in the middle in case anyone was backing?
How fast were you going?
Were the reverse lights on the other car working?
Usually, the person backing out has the greater duty to watch for oncoming traffic, but this doesn't mean negligence can't be applied to you. If you've got full coverage on your car, you might want to let your insurance company fight it out for you if the other driver's carrier doesn't accept liability.
Here are more answers and opinions from other FAQ Farmers:
Backing out of a parking lot there are two lanes one west and east. The East bound lane is for vehicles leaving the parking lot and the west lane is for enetring this parking area. There are arrow showing the flow of traffic. If vehicle A is backing out of a parking slot and barely pulls out before vehicle B stops behind him gets out stating that his car was hit. Vehicle B is now 30 inches from Vehicle A rear end in the west bound lane. Vehicle's A rear door is still inside parked slot. Now the vehicle B is now in the westbound lane heading east. There is no visual damage to Vehicle A or Vehicle B damage seems to be under the 1/4 panel on the driver side it can be felt by the hand. The driver of vehicle A believes the driver of Vehicle B to be at fault because it is in the wrong lane and this caused the collision. The driver of vehicle B maintains that anytime you are backing up, the vehicle backing up is at fault. Who has the right of way?
If you are driving in your parking lot, and someone is backing out of a parking spot.. then it's the person backing up who is at fault most likely. If he hit you from your left rear door and beyond then it's his fault. I just had an accident like this and someone backed into me. I am going to school now and going to show him the police report because he didn't write the right thing down and he wrote it was my fault, but he explained to me that day that he didn't yield, didn't look in his mirrors and so on.

gazzawrx

iTrader: (11)

being a taxi driver how many people was there in the other car and did they get out holding their necks, if so you probably dont stand a chance, this country loves fooking over the innocent, just take the KY jelly and expect an **** raping.

hunter007

There was no-one else in the car

byrnsie44

my mate had the same incident in his leon, the girl even got out and said im so sorry its my fault i was listening to music and not paying attention, then she changed her story to insurance and he took the bill

IggyRB320

iTrader: (9)

Are you saying that you reversed out of a parking bay, into the side of a vehicle that was driving straight ahead...??

byrnsie44

i think hes saying he reversed out and the taxi driver drove into his rear bumper

pokerpro

You need to get a witness to say that you stopped when the taxi entered the car park and that he hit you.

The best thing that could happen is just to get damage fixed yourself and taxi driver do same.

Cant stress enough that if you wanna fight it you need a witness (genuine or not).

trails

iTrader: (41)

You need witnesses. I had a similar thing many years ago when I first got mine; as I reversed out of a space a lad in a Trannie tore into the car park and slammed into my rear quarter\wheel so hard he bent the rim and snapped the strut.

Car park attendant backed me up so it was all gravy...I also had a co-worker who happened to be walking through the car park at the time, perhaps that’s an avenue you could explore?

nick172sport

iTrader: (6)

his taxi will be full off whiplash claims

BoozyDave

iTrader: (8)

first thing, don't admit to insurance that it might be your fault.

second thing, where abouts was it? leeds? sheffield?

did you get names of witnesses?

Arctic_Monkey

iTrader: (8)

Ownus is pretty much always on the reversing party mate. Without a witness to say you were stationary for a certain amount of time after reversing out your space you will not be able to defend against this. At the end of the day the taxi driver has more of a right of way than you, him being on the 'main road' in the car park. Speed does not necessarily constitute negligence as it cannot be proven. Whether it's settled on a split liability basis, or fully your fault, it will have the same effect on your policy, only difference being you wouldn't get any of your excess back if you're fully at fault (if you paid one that is).

stevebt

iTrader: (8)

basically if someone goes into the back of you its always regarded as thier fault but that will depend on what you tell your insurance company?

Shaggy1991

iTrader: (1)

..By the look of your diagram, you were fully out of the space when the accident happened? if so are you sure you wasn't just about to pull off?

vindaloo

Not the sort of thing he should be doing in public! And liable to be taken as being "distracted"

vicks

iTrader: (1)

had exactully the same situation about 4 years ago mate.

if YOU were reversing then its your fault.

the insurance company will look at it hat YOU were going against the flow of traffic.

i argued untill i was blue in the face that the other driver should have waited untill i had finished my monouver but not he case im affraid.

if YOU were going against the flow of traffic IE: reverising then its yuor fault!!

again i argued against the flow of traffic in a car park? but yes it was still my fault.

goog luck

RobsyUK

iTrader: (2)

Have to agree. This is where you get a witness to say they were waiting to cross the road, the taxi waved you out then charged you...

The Trooper 1815

iTrader: (31)

An incident in the US, so irrelevant. But it must be true as it's on wikipedia .

dangerous brain

Surely car parks that you have to pay to enter or use are in fact private land and insurance policies are in fact invalid? Insurance only covers public roads in general!
Irrespective it proves that the military hard assed approach ie you WILL reverse park pays off for me these days in this sort of encounter.