Car accident ~ illegally parked car and liability

[Gaynor2109]

I had an accident earlier. I was coming out of a side road onto a main road and a car to my right was parked in the lay-by that gas double yellow lines about a foot from the turning. My view was partially blocked by the car. There didn't appear to be another car coming so I started to edge out to turn left. As the nose of my car came out another drove accross my oath and it was too late for me to stop, I hit my brakes and went into the rear passenger side. My question is where do I stand regarding liability and the fact the illegally parked car obscured my view? I reported the illegal car to the police.

Ma

[Barmaid]

Unfortunately, you will be held liable. You were emerging from a side road into a main road and your view was obscured. Irrespective of that, you should have taken sufficient care to ensure that you were moving out carefully and slowly. The fact that you hit the rear of the passing car indicates it must have been almost in front of you when you went forwards.

Discuss with your insurance company but I think you will have no choice but to admit liability.

[joko]

i agree i am afraid...its your responsibility to control your car and if you couldnt see you should have inched out until you could...as noted, to have hit the rear of the car means you pulled out after it had nearly passed you...you also must have been going at far to fast a speed if you had to slam on but still hit it...

[Hymie]

I offer the following tale – which may give you some hope.

Many, many years ago, a friend’s father witnessed an accident while stationary in his car. My friends account of the events was that his father attended court as a witness to the accident; and was found guilty of contributing to the accident because of where he was parked at the time of the accident.

I thought the story highly amusing at the time – and a lesson to be careful when helping others, especially where the police are involved.

[Gaynor2109]

Many thanks for the responses, very much appreciated. I do take responsibility, as i was, as you quite rightly state responsible for driving onto the main road. I wasn't speeding as I had just moved from a stationary position 20 metres back. It wasn't the rear I hit as in the back of the car it was the rear passenger door. I was edging out and it appeared nothing was coming, I looked the other way and in a split second the other car was infront of me as I started moving out. I have gone over it in my mind and definitely wasn't speeding, I could in retrospect have been more observant. The person parked illegally gave the other driver her contact details and said she would be a witness so we shall see. Driving for 23 years and first ever accident, luckily no one was hurt.

Many thanks

[Skyline D]

No-one suggesting you were physically speeding. You'd be going some to be doing more than 30mph in a few feet! They are suggesting that you were coming out of the junction at a faster speed than was safe to do so (which you plainly were as you hit a car - unless it was in fact speeding).

Barmaid and Joko are pointing out you hit the rear passenger door, not the front doors or the bonnet. Which means the car was almost passed you before you stopped. Which is a further indicator that you were either moving too quickly or not looking the correct way.

The illegal parking is irrelevant (it may be something the person who parked it gets done for but it's unlikely to have any relevance to your position).