theortical insurance liability question

[rtbiscuit]

This has been bugging me for a while now. The street I live on has an issue with people parking on the corner of the exit to the road and both corners further down the road.

 

There have been several near misses, myself included when pulling out at the T junction the view is blocked and nearly hitting a car which is tray selling on the main road.

 

Or pulling into the road, having to use the opposite side and nearly hitting someone leaving the junction.

 

In the case of an accident happening is either driver at fault or is the illegal parked car owner at fault?

 

For some reason I seem to remember being told its the parked cars fault because if it wasn't there the accident wouldn't happen.

 

Same with a situation where if you drove into an illegal parked car to avoid another accident its still the parked cars fault?

 

 

I'd be interested to see what the forum says, and if possible the forum insurers as the situation at the moment is guaranteed to cause an accident at some point, its not an if but a when. And I'd like to know where I stand if I'm the unlucky person who ends up having it.

[Ekona]

100% your fault. No insurance liability for the parked car at all.

 

The law says that the person who parked the car can be responsible and charged under something like driving without due care and attention, but as far as insurance goes it's 100% your responsibility not to hit another vehicle. If you had to drive on the 'wrong' side of the road to do that, then you should've taken precautions like driving slower or getting someone to see you out. If the other driver is to blame, then they should've been moving slower to make sure that there was not another car coming round the corner before turning in.

 

 

As much as I despise bad parking, it's correct that it should never be the fault of an unattended and properly secured vehicle in the case of an accident.

 

 

In your case, I'd be having a quiet word with the person that parks there (it's almost always the same one, isn't it?!) or calling the police every day you see it parked there on the non-emergency number. Eventually, they'll get fed up and do something about it, and that applies for either party.

[Ricey]

Someone hits the parked car it the parked cars fault.

 

You hit someone it's your fault.

 

 

[spursmaddave]

Hire a big white van and then hit the parked car with it, sorted

[rtbiscuit]

Highway code states that you must not park within 15 feet of the corner, but it doesn't say there is a penalty for doing it. Only that the law can take action if it requires to do so.

 

We regularly ring the non emergency number to mention the parking and the PCSO does come down and knock on doors etc 24 hours they're back.

 

I'm sure there was some special stipulation that meant the parked car caused the accident. Any police on here with any knowledge on this?

[PiGFoetus]

Someone hits the parked car it the parked cars fault.

 

You hit someone it's your fault.

 

My wife hit my parked car and it was my fault.

 

Not that I'm still bitter or anything.

[sipar69]

As said - try having a polite word with them or leave a note on the window. Might not work but worth a try.

[Ebized]

When I lived in Epsom in recent years double yellows were put around many corners, to address concerns about emergency services access being frustrated that had been highlighted by residents and the services themselves, after (non-statutory) white lining attempts to deter were being ignored.

 

It was certainly in the area around the town centre (within 10 minutes walk), where commuters were looking to park free and no doubt the local residents v commuters for available parking was a factor that helped the Councillors agree the restrictions thinking about their next term in office and additional revenue from fines

 

But as Dan says, it is a drivers fault if an accident happens although if the police were involved potentially they might at least take some action against the inconsiderate parker, if only a warning.

[Fodder]

We have similar issues.

At the end of our road is a T junction. Opposite is a row of popular shops with plenty of parking turning left there is an almost immediate right which takes you to the entrance of the car park and turning right out of the road takes you to the local state primary school which just so happens to be one of the best in Chester.

So when it's dropping off and picking up time parents will park anywhere they can, pavements, on the corner opposite the exit to the road etc etc. it makes it worse that the shops also get busy around these times so you have to be really careful exiting that junction especially as large hedges also obstruct your vision.

 

As bad as it is as discussed it's your responsibility to ensure it is safe to perform the manoeuvre.

 

We have noticed the local PCSO's enforce the law on occasion but it's forgotten once they leave.

 

I've even witnessed a woman drop her cherished off then speed off past the school putting her seatbelt on not looking where she's going.

[AJRFulton]

Just reading this there's a situation I witnessed a few years ago and always wondered who'd be to blame as I never got to find out. I gave a witness statement to the insurance, and heard nothing about it ever again.

 

Basically. I was behind a couple of cars on an A road. A small lorry/van thing pulled out a B road junction crossing, causing the lead to take evasive action or T bone the lorry that pulled out at about 50mph.... He swerved left onto the junction, clipped another car waiting to pull out and went through the hedge. Myself and the other car in the traffic line had more time to brake and hit nothing, and the small truck that pulled out the junction and caused the accident also escaped unscathed.

 

100% the small trucks fault, and AFAIK he got done for dangerous/careless driving, but he had no damage, so have always been unsure who was liable.

Edited June 18, 2014 by AJRFulton