Help me out Please.

[StoneyNUFC]

Ok just been involved in an accident. Not a bad one but will need to repaint my bumper so not too happy lol. However the driver of the other car claims it was my fault, Damage to his car is worse so no suprise.

Basically i had to reverse so i could get out of my parking space and he was turning into the space behind me and we hit. However he was clearly cutting into my space when we hit so surely it is his fault right?

Below is my epic picasso style painting of the scene. I had to reverse otherwise i would have been driving onto the path and probably hit the sign post. Reversing well within my parking space lines (Rather big spaces) The line behind my car is to show where abouts i reversed to. But as you can see the line he was taking to get into his space, he's cutting the top corner of my space which in my mind puts him into the wrong. However what are your thoughts?

 

[Beeblebrox237]

Talk to him diplomatically. Don't blame him at all, just say that both of you made mistakes and so you should share the cost. On the other hand, I don't know if the insurance companies will agree to that.

 

[StoneyNUFC]

I did dw, i'm not one for violent conflict lol. But i'm struggling to see my mistake. If i had reversed into his space yes, but i was still within my space limits and never left them so don't see where i'm wrong.



I hope this doesn't come across like no matter what you say i'm right type of reply lol. I appreciate your input 👍

 

[JrD Sayas]

now, this depends more or less on what your country's law states. At least here, if one of the two is reversing, he is ALWAYS at fault, as he does not have the right of way. You might get lucky though, and if the other driver also broke the law in a similar manner, you can get what we call a "guilt share", where each party pays for their own damage.

 

[StoneyNUFC]

Yup. My mate said because were both claiming its the other guys fault that it will most likely be classed as a 50/50 or guilt share as you put it. Suppose will just have to wait and see lol. Thanks for the input Hazzy 👍

 

[Beeblebrox237]

I think that if you check the law/regulation, and it would end up being 50/50 split under the current circumstances, keep it that way. It seems the fairest thing to do.

 

[Wolfe]

So he was backing into a parallel parking space, and you were backing up to leave the one you were occupying? If that's the scenario, since he was in a traffic lane I'd say the right-of-way was his. Whether or not you left the "box" of your space seems irrelevant to me.

Personally, whenever someone attempts parking maneuvers near me I tend to wait until they're finished. Parking seems to be even more of a mystery to the general populace than lane holding, right-of-way, or stoplight timing. If he really didn't have to cross into your space to park, that's just one more example. If you had been parked further back in the first place, he might still have hit your car!

 

[StoneyNUFC]

Na he wasn't backing in mate. He was just driving down the road and turned into spaces forwards and i was already moving before he'd even signalled to turn.


Don't get me started on the likes of lane hoggers aswell, thats for another rant

 

[Wolfe]

Why would he be pulling in the opposite way of how you were parked? I guess that just further proves the point.