Who is at fault?

[lexus777]

I am wondering who would be liable, last week; I was hit by a third party driver who reversed in to my driver side door while I was stationary week completing a 3 point turn.

The Third party was parked on yellow zig zag lines about 7 meters ahead of me, I was attempting to complete a 3 point turn so I could go back as the road ahead was blocked.

My car was at an angle , while she was parked ahead 7 meters ahead of me, while I was on an angle about to reverse I was checking my blind spot and all the observations one would do before reversing, and the next thing I know she reversed at speed straight in to my driver side door, I was stationary at the time.

My driver side door was pushed in and her driver side bumper was pushed in.

There were no other cars on the road at the time and she was a good 7 meters ahead of me, hence I deemed it safe to complete a 3 point turn.

When she reversed in to me she first admitted liability saying she reversed as she was looking at her child through the side mirror who was not going in to school and was still at the gates playing, she claimed she did not check her blind spot and just reversed in to me.

Later she changed her story claiming I was in the middle of an illegal manoeuvre in to a T junction, how ever I was stationary at the time of the collision. I feel she was reversing without care and due attention, and if there was a child behind her and not me I feel this may have been a very serious criminal incident and not a civil case which it is at this time.

I have 2 independent witnesses

So my questions are

Who is at fault
Or is it a 50/50
Are there are legal point of views to 3 point turns, even though one was stationary at the time of the collision

[growlybear]

She is at fault as should have been looking in the direction of travel.

For safety reasons, one should not reverse from a minor road to a major road and that is what she may be getting at.

However given the circumstances sometimes one cannot keep that rule.

As you so rightly say, and as we point out to pupils about to make the same mistake, what if there had been a child in her blind spot?

[lexus777]

thanks, well yes if there was a child this case would have been a criminal case and may be a fatality