Damage To Car Who Is At Fault?

[jkz]

My mother has a drive way to the left of her property and also right
I was around her house helping her with cleaning my car was up her drive however tail of car on pavement as l always do she was in a hurry to go out and reversed full circle anti-clockwise l was in her property and hear a lounge bang rushed out to see her rear passage side sat in the rear of my drivers side back wheel arch
I immediately reversed my vehicle into the road as my mother was rushing off to collect someone
When she returned she told me that l was illegally parked saying my car was on yellow lines and photo my car. How do l stand with regards to the law l thought you had to drive with due care and attention and to look before reversing not just drive. Also the impact of her hitting my car shows the speed reversing

[jackthehat]

I think you are going to have to explain that a little better before someone is able to pick the relevant bones out of it....

[Old_Geezer]

Not expert but:

Whilst I do not think allowing the back of you vehicle to be over the pavement is in your favour, it was parked/stationary and I think it is up to your mother to check where she was driving and not hit anything.

If, instead of you car, it was a neighbours' child playing there, would she have blamed the child and considered herself blame free ?

[dannyk13]

From what you say it looks 1.You have committed an offence by parking on yellow lines(double I presume)2.Your mother has committed an offence of driving without due care and attention.

[Buenchico]

I really struggled to read that. (Please, please, please check that you've included some punctuation before posting!).

However, as far as the criminal law is concerned it's clearly the fault of the driver of the moving vehicle. (i.e. She is the only one who could be charged with 'driving without due care and attention').

However civil law doesn't always work on a simple 'your fault or mine' basis; there's room for some grey areas. A court might take the view that the driver of the moving vehicle was, say, 85% at fault but with the driver of the parked vehicle being 15% at fault.

[Barmaid]

In a nutshell - your car was parked illegally, your mother hit it?

Mum is at fault. Your car was parked, stationary and was there to be seen. If she could not drive round it, she should have asked you to move it.

[andy-hughes]

If your mother is litigious enough with her child to take a photo of your car to prove you in the wrong, I think you have far deeper issues to be worried about than damage to your vehicle!

[Buenchico]

Danny:
In most parts of the country parking regulation has now been 'decriminalised', meaning that parking on yellow lines is no longer a (criminal) 'offence' but purely a (civil) 'contravention'.

[jackthehat]

Why did you move out onto the road to park 'after' the event........and was that when it was parked on double-yellow lines and was photographed?

[Barmaid]

I suppose this will make for an interesting discussion at the next family get together.............

[dannyk13]

Buenchico. Thank's for that this dinosaur is obviously out of date.

[Barmaid]

Seriously though - I suspect the point is this. Car needs fixing and its a question of blame. If you were stationary, it is her fault. End of.

However isnt the way to deal with this that you go to your local bodyshop, get a quote and just fix it?

Do you really want to end up in Court against your mother? I see enough family discord without stuff like this.

[Buenchico]

(With apologies to Jkz)

Barmaid:
Have you any suggestions here?
http://www.theanswerbank.co.uk/Travel/Question1503062.html

[Bazile]

Don't you just hate it eh ?
Helping mummy with cleaning and what is she doing - only thinking off going into battle with you

[ToraToraTora]

cannot be your fault if you were not in the car. Her fault 100%

[jkz]

Thank you to everyone who replied to my question l very much appreciate it thank you