DannyBoy Posted November 21, 2012 Share Posted November 21, 2012 Hi all, hoping someone on here might have a better idea about the technicalities of such things than I do. My step-mum has just collided with (reversed into) a parked vehicle. Said vehicle was parked on double yellows and by all accounts shouldn't have been there. Where does liability lie here? Common sense would dictate that whoever was moving was at fault, but the car that was hit was illegally parked in a really stupid place (opposite a parking space). Would this go down as 50/50? does anyone have any experience of a similar incident? Thanks in advance. DB Quote Link to comment Share on other sites More sharing options...
Ekona Posted November 21, 2012 Share Posted November 21, 2012 100% her fault. Yes, he shouldn't have been on double yellows, but she was the only person who had control over the situation. It's as clear cut as they come, unfortunately for your step-mum. Quote Link to comment Share on other sites More sharing options...
Digsy Posted November 21, 2012 Share Posted November 21, 2012 100% her fault. Yes, he shouldn't have been on double yellows, but she was the only person who had control over the situation. It's as clear cut as they come, unfortunately for your step-mum. Ekona is absolutely right. Quote Link to comment Share on other sites More sharing options...
DannyBoy Posted November 21, 2012 Author Share Posted November 21, 2012 Thanks guys, that's what I thought as well unfortunately. However, when she reported the accident the police told her (of the record) that if they prosecute him for his parking (which as he was two feet from the kerb on double yellows they will) then insurance tends to find no fault on the part of the person who wasn't breaking the law. Sounds sketchy to me but we shall see. DB Quote Link to comment Share on other sites More sharing options...
rabbitstew Posted November 21, 2012 Share Posted November 21, 2012 I would say she was in the wrong as per Ekona. But.... im my experience insurance is a funny game. I had a car pull out directly in front of me once when I was on my motorbike. I hit the side of the car as I had no where to go. The woman driver immediately apologies says its her fault and she didnt see me. Witnesses also say they couldn't believe the woman pulled out in front of me. So a clear case you`d think. But no... my insurance company took so long to speak to the witnesses that by the time they did, the witnesses didnt know what day of the week it was, let alone details of an accident 8 months earlier. The woman driver also changed her tune and claimed that I was speeding through traffic and so it was my fault etc. etc. So, in the end the insurance companies settled on a 50/50 liability, meaning I loose a lot of my NCB and only get 50% of the value of the repairs to the motorbike. Quote Link to comment Share on other sites More sharing options...
Ekona Posted November 21, 2012 Share Posted November 21, 2012 Harsh What did the police say when you called them? Quote Link to comment Share on other sites More sharing options...
Digsy Posted November 21, 2012 Share Posted November 21, 2012 Thanks guys, that's what I thought as well unfortunately. However, when she reported the accident the police told her (of the record) that if they prosecute him for his parking (which as he was two feet from the kerb on double yellows they will) then insurance tends to find no fault on the part of the person who wasn't breaking the law. Sounds sketchy to me but we shall see. DB Unfortunately, the policeman doesn't know what he's talking about. Where there is a successful prosecution for careless/reckless driving civil liability usually follows but not with a parking offence. Put this out of your mind and move on. Quote Link to comment Share on other sites More sharing options...
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