Car park accident

[QPRSuz]

I was involved in an accident in a supermarket car park. I had almost finished reversing into a space when another car drove diagonally through the two empty spaces behind me and clipped my passenger side bumper. He stated that he thought I was leaving the space as he saw me driving forwards. What he in fact saw was me straightening up my slightly askew position in the space. Obviously he thought my space was empty and was planning to drive through it as a shortcut to the nearby car park exit. He is now blaming me, saying I should have seen him in my mirror. I feel, due to the angle at which he drove and the position of other cars around me I could not possibly have seen him until the last milisecond, which is the case. Am I liable for this accident given that he was not following the arrows around the car park and taking an illegitimate shortcut? I have impartial witnesses to support my version of events.

[Ewood27]

Have I got this right? He saw you moving forwards, so he assumed you were leaving and didn't bother looking any more? And it's your fault you were still there, not gone? Yeah, right. He's taken to heart the advice from his insurance company never to admit any blame. Hang on to those witnesses' names like gold dust.

[Maud]

Eighteen months or so ago it became illegal to drive around a supermarket car park other than in the designated roads and other than in accordance with the arrows and the signs. You could in fact report this matter to the police for consideration for criminal prosecution. From what you say you are entirely in the right.

[QPRSuz]

Thank you both for your replies. Maud, I was not aware of that information - will hopefully use it to my advantage.

[bernardo]

Sounds like a genuine "accident" to me - a genuine misunderstanding on his part. But he was still being clumsy, so don't disregard the other answers just because of what I think.

You should be OK if you just explain in detail in the forms to fill in, just as you have explained here.

[BenDToy]

The other guy is clearly at fault. You were manouevering into a parking space and he drove into you. You can only access a parking space from one side. Hard to see how he could even explain this, never mind make it sound like your fault. Take it all the way!

[WHJ]

As a former Police Officer and Driving Instructor I have to disagree with Maud. Don't contact the police - supermarket car parks are not covered by the Road Traffic Acts for offences of careless driving etc. In any case the Crown Prosecution Service would never run your case in a hundred years. Their reason would be that it was "not in the public interest" which equals "we don't care and it's too expensive". The circumstances sound like he is a chancer and was simply racing you to the space, and I am sure any County Court Judge would agree with me there, remembering that County Court decisions are based on the "balance of probabilities" rather than the "beyond reasonable doubt" standard of evidence in Criminal Courts. Your best course of action is to repair your own damage, putting it down to experience, and tell him to sue if he dares. He won't! Whatever you do, don't go to a solicitor - they are the only people who will come out with any profit in these cases.

[Maud]

Not so. Supermarket car parks are now included.

[WHJ]

OK, Maud, but it's not the police who prosecute. The CPS will bury the case, believe me.

[Maud]

I understand the difficulty of the CPS only too well. However, if the matter had been reported the police would have issued a URN number and date which would be very useful in getting whoever it is off of QPRSuz's back.

[QPRSuz]

Thank you all for your replies and advice. I have now reported the matter to my insurance company although am not making a claim as I have only slight damage to my car which probably amounts to less than my excess payment. I believe the other driver is making a claim however and am waiting for advice from my insurers regarding reporting the circumstances of the accident to the police. I feel it may be a bit late now however. I will fight this all the way as I don't want to lose my hard-earned full no-claims discount! Thank you again - the help of everyone is much appreciated.

[PeanutsUK]

Side-note: if the car-park is owned and maintained by the council then it DOES come under the jurisdiction of the road traffic act (as a work colleague found out to his detriment). Also a cautionary note: a friend had a minor autication with another road user - the damage was not worth claiming for as it was less than the insurance excess and my friend is a mechanic anyway. He reported it to his insurance company as his policy stated that he was obliged to report all accidents to them regardless of whether they result in a claim or not. When he changed insurers later that year, the previous insurer stated he had lost his no claims bonus as he had had an accident in which all costs could not be claimed back, which amounted to the cost of the insurer documenting his telephone call to them regarding his accident!!!!

[Drewhound]

The RTA does cover this car park but a criminal prosecution against the driver would only succeed if the signing fulfilled the necessary guidelines and they could prove it, this is highly unlikely. That seems like trying to make a mountain out of a molehill, the simple fact is they wouldn't prosecute for something this minor even if it was on the highway QPRSuz, I think you should notify your insurance company and let them deal with it, after all you have independent witnesses

[Maud]

PeanutsUK has made a very important point. When you notify an incident your no-claims bonus is automatically cancelled. If you do not proceed with a monetary claim it is absolutely essential that you badger your insurance company for a letter saying that your bonus is reinstated, otherwise all becomes lost. For the avoidance of doubt, I repeat that supermarket car parks are now also covered by the legislation.

[Maud]

A simultaneous posting with Drewhound! Whether there is a prosecution is up to the CPS, but possessing a police URN reference which can form the heading for correspondence and be quoted at every touch and turn is of the geatest assistance to someone such as QPRSuz.

[QPRSuz]

Maud, Excuse my ignorance but what is a police URN number and why might it be useful to me? Is it too late to obtain one now?

[Drewhound]

A URN "unique referance number" is issued when anyone makes a complaint to the police. It is simply so your complaint, and anything that follows, can be found easily. I can see Mauds point, she is basically saying use it a a sort of "threat" or "I mean business" to the other driver. My own opinion is that you will have to work hard and really insist the police give you one on the evidence of what happened, they won't want to be involved

[Drewhound]

that's "reference"

[Maud]

Drewhound is right. The URN also has a date, and I use it to frighten off chancers with very bold letter headings in slightly larger print: URN OF MARCH 4th, 2004 LANCASHIRE CONSTABULARY and pepper the letters with such remarks as "as you were informed by the Police"" as you told the police" etc etc. In this way when/if the chancer sends the correspondence to his insurance company it is completely prejudiced against him.