Who's to blame?

[QPRSuz]

I had a collision in a supermarket car park. I was straightening up in my space (reversing) when the 3rd party drove through 2 empty spaces behind mine and then into my space; hence the collision. Am I to blame because I was reversing or is he to blame because he failed to follow the directional arrows and appeared to be taking a short cut?

My insurance company have rejected his claim against me and he is now attempting to take me to court for damages.

[andy hughes]

from your version, I can see that the other driver is at fault - and it would appear that your insurance company agrees. Given the circumstances, the best your protagonist could hope for is 'knock for knock' in other words each party paying for their own damage. This would probably be on shaky ground for him on the basis that he was going in the wrong direction, and must have clearly seen you reversing legitimately to straighten up - as is common practice, as opposed to his action, where he drove contrary to the directional arrows (which are there to prevent this kind of occurance) and then drove through two spaces before colliding with your vehicle. I think he is in danger of chasing his quarry over a cliff here - if he brings the case to court, you may have a case for a reciprocal action against him, but a solicitor will advise if this is the case. It may be he is just trying to intimidate you into settling as an individual, which you should clearly not do. Follow the advice of your insurance comapny, and refer any correspondence from him to your insurers, don't get into dialogue, verbal or written with him. If he is determined to go to court, let him go - I suspect he may bail out at the last minute. I don't think you have anything to worry about. Men drivers!

[ianess]

Reading your version of the event it sounds as though HE collided with YOU, and not the other way round, which is what he is alleging.  The fact that your insurance company rejected his claim surely means that they on balance believe your account rather than  his.  This is good ammunition for you if he did go to law but I suspect he`s just chancing his luck and maybe hoping you`ll back down and settle out of court.

Did you put in a counter-claim against his insurance?  If not, why not?  How long ago did this happen?  Were there any witnesses or did the police get involved?  It might take a while so be prepared for a fight.

Best of luck.

[QPRSuz]

Thanks for the replies. I'm sensing that he's trying to intimidate me but it's good to hear some other opinions. I didn't put in a counter-claim as there was very little damage to my car. This all happened back in September and I have one witness to verify my story. He has none. Police weren't involved.

Thanks again.

[landie]

What were you looking at while you were reversing? Didn't you see him coming? These are the kind of questions that will be asked of you. Sorry to be the devil's advocate.

[5029]

He drove into a space that you were already in?  i would say he was at fault

[BenDToy]

You also said that he drove through 2 empty spaces so he was using the spaces as a through road. Not illegal but poor practice certainly, especially since he wasn't being careful enough (obviously!). I would put in a claim against him anyway. You have nothing to lose and it will almost certainly call his bluff. AH is right. He would be very very lucky to even get knock for knock. Good luck!

[BillyNoMates]

Difficult one as it is not technically a public highway. I would talk to your insurance company to clarify what rules apply.

I think the other party was in fault from what you have stated but talk to your insurance company. Under the circumstances I would emplore that they put in a counter-claim - don't settle for knock-for-knock at this stage.