ChatterBank1 min ago
Whose Fault was it?
26 Answers
Hi, I'd like to ask other people's opinion on my problem. A few months ago, I had a small accident. I was waiting at junction to main road and due to cars being parked up obstructing my view- I had edged out so I could get a better view. Seeing cars coming, I waited until I could exit. One of the cars that passed me, clipped my front bumper. I rang my insurers to report the incident. They said it was my fault and that they would have to pay out. But I don't believe it was and I'd like to write a letter of complaint. The other party are now claiming personal injury and so my insurers are fighting it. They sent someone round to take a statement from me and he said that it wasn't my fault- but my insurers are still arguing that it was. Just wondering if anyone had any thoughts on the matter???
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Sorry but I'm pretty sure this is your fault because you were enterring a main road.
I know it seems unfair and this happens to lots of people all the time but it's your responsibility not to put your car in the path of another if you can't see that it's clear you shouldn't pu it there.
For what it's worth a very similar thing happened to me some years back - I don't think you'll win this.
Who's fault do you think it was?, presumably you don't think the other person that hit you was driving dangerously - you haven't said so, from their perspective they were driving along a main road when someone pulled out infront of them.
I know it seems unfair and this happens to lots of people all the time but it's your responsibility not to put your car in the path of another if you can't see that it's clear you shouldn't pu it there.
For what it's worth a very similar thing happened to me some years back - I don't think you'll win this.
Who's fault do you think it was?, presumably you don't think the other person that hit you was driving dangerously - you haven't said so, from their perspective they were driving along a main road when someone pulled out infront of them.
nope :( I was waiting for a gap. Other cars had passed me with no problem. the way i see it, supposing I was a parked vehicle and they had broken my wing mirror??? ould it of been my fault or theirs? seriously he only damage done was a scuff mark on my bumper! they had a slight mark down the side of the car!
Hmm i reckon technically it's your fault as you were over the white lines, but i don't think it really was. I had an accident pulling out so I could see as there were parked cars in the way - it's very frustrating - in my case the cars were parked illegally close to the junction, I accepted the accident was my fault but told the police to get these cars moved/ticketed, surprise surprise nothing was done. In your case - if he scraped the side of his car (not the front), that makes it sound like he did get past but then moved so as to hit your car with the side of his, so he could have prevented it. Don't know if you'll have any luck fighting this but I would definitely give it a go, your insurance company may waive your excess or something as a good will gesture.... Good luck anyway :-)
Because it was a while ago they will look at the very basic facts:
Were you over the white lines? Yes
Therefore if you were in the carriageway the car in question had to clip you to avoid going into the other lane (which may or may not have been oncoming traffic).
From an insurance point of view no matter what the mitigating circumstances were they will have it down as your fault.
Were you over the white lines? Yes
Therefore if you were in the carriageway the car in question had to clip you to avoid going into the other lane (which may or may not have been oncoming traffic).
From an insurance point of view no matter what the mitigating circumstances were they will have it down as your fault.
If the other car has marks on its side that would say to an insurer that you pulled into the side of him so there was no way the driver of the other car could have avoided you.
If there were marks on his bumper that would suggest that they hit you but again it all comes down to you being over the white line in in the carriageway sorry!
If there were marks on his bumper that would suggest that they hit you but again it all comes down to you being over the white line in in the carriageway sorry!
I say it's the other driver's fault. If you had edged out just enough to see, and other cars had passed you safely, AS LONG AS YOU WERE STATIONARY AND DIDN'T EDGE OUT ANY MORE, then it's not your fault. A stationary car cannot be blamed for being hit. The other driver should have left enough room to get past you, or stopped if there wasn't enough room. Trying to prove this is a completely different matter though, and I don't fancy your chances.
