Parking rules.

[genno]

My Dad had a heart attack whilst driving and was unconscious when he drove into a parked van. His car was written off and the insurance paid.
Now he has received a solicitor's letter informing that the van owner has claimed for damages/loss of earnings etc.
The van, when the collision happened, was parked within the yellow lines of a bus stop.
Surely this is illegal??
Any clues?
PS Dad is having a pacemaker fitted next week and is getting by.

[Count-A-Strong]

Whilst I have every sympathy with your fathers condition, you must also understand things from his POV. he may be self employed and have suffered loss of earnings. If your father hadn't hit the van, he may have knocked down some pedestrians and the situation could be far worse.

[factorfiction]

Sorry, I really sypathise but unfortunately he hit a parked van and therefore I can't see why he wouldn't be deemed liable. If there had been a bus there he'd have hit that, or if there had been a cyclist or pedestrians he'd have hit them. Anyway, he should just pass the letter to his insurer to sort it out. It's up to your insurance company to decide whether to challenge it but I doubt the argument that someone shouldn't have been parked there will cut much ice.

[joko]

its irrelevent where the van was parked...your father hit it...obviously it was an unfortunate accident...but he still hit it...and he is therefore responsible...

you could even technically argue that your dad hitting a van was illegal too...

[vulcan]

surely surmising on what might have happened is totally irrelevant. The van is parked illegally and if it hadn't been then it would't have got hit,therefore any damage to the van is the fault of the owner.

[bednobs]

no vulcan - genno's dad's insurance co will be responsible.
He needs to get in touch with the insurance co to sort it out

[factorfiction]

I disagree, vulcan42. But the insurer will know best how to deal with it

[Barmaid]

It is irrelevant how the other car was parked. A stationery vehicle - unless parked extremely dangerously (ie in the middle of the road in thick fog for example) can never be negligent.

The other side need to prove negligence against your father. The fact that the accident happened itself is good enough evidence. However, you will need speclialist advice on this since your father may have a defence of automatism. This is an extremely difficult defence to run and generally unsuccessful. Roberts v Ramsbottom [1980] 1 WLR 823 is authority for this proposition. Whilst your father is not morally at fault, it is difficult to see how the van driver should fund the losses either.

[Barmaid]

*stationary*

<Barmaid apologises for terrible spelling and retires to headmasters office for a good telling off.>

[society]

"it is difficult to see how the van driver should fund the losses either. "

Isn't this the juncture where the insurance should pony up?

[DTCwordfan]

6 strokes of the old rattan for Barmaid.........

Society is right - the insurance co will take it up with the "plaintiff's" insurance and negotiate a settlement between them.. You need to get in contact with your Dad's insurance pronto............

[Barmaid]

I meant morally! Because ultimately, why should the van driver's insurance pay out?

If the OP's father feels strongly, there is a potential defence. How morally correct that is is an entirely different matter........

[DTCwordfan]

"Morally" does not exist in this case - it was unfortunate and a tragedy.

I just question how many times you have parked on a double or single yellow line for a minute - and an 'unfortunate incident' like this could have happened. We ahve all done it.

In my local city, Truro, the following happened this week. A massive snarl up on Lemon Hill because of an ice accident - a bus trapped at the very bottom. The driver goes to the Gents opposite, climbs back into the cab and 'bingo' he is out of this world with a massive heart attack. Imagine if he had been moving when this happened and it wouldnt have mattered wher one was 'parked' or standing..........its just the risk of God....

For reference:
http://www.thisiscorn...9-detail/article.html

[wilkesneil]

isn't it an offence to park at a bust stop???
all the bus lanes round here have cameras and if you drive in them you get a warning through the post then a fine for the 2nd time as the camera brings up the words "bust stop offence & number plate" on a screen....
bus drivers also take number plates of any cars in designated bus stops that are lined off with yellow lines.

tbf though 99% of accidents now involve an injury claim and loss of earnings.
the insurance need to be informed of this and also have the claim for injury/loss of earnings to as they will have their own legal team that can sort it out.

[boxtops]

genno, all your dad needs to do is to write a very brief note to the solictors saying - "thank you for your letter, I have passed it to my motor insurance company who are (XYZ) company". That is all he needs to do, no comment, no response to the allegations - his insurance company will deal with it. This is what we always recommended when I worked in motor claims. Keep a copy of both letters just for your own records, but do nothing else. Best wishes to your Dad btw.

[genno]

Thanks so much for all your words.
It was just with Dad being unconscious at the time I wasn't sure how things would turn out. Been in touch with insurance and just waiting now.
Thanks again.