car accident who is liable?
| smegy9 |
 Posted: Wed, 19/09/2007 - 6:32pm |
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-------------------------------------------------------------------------------- here is what happened. Car A was parked horizontolly on to a road. Car B was coming vertically down this road. Car B is doing 20 miles per hr down the road in question when car A decides to reverse out of the parking space quickly. Car B tries to stop driving down the road, but does not have enough time as car A pulled out to quickly. Car B then swerves to avoid Car A yet still clips the corner of the back of CarA when skiding in brakelock. Who is liable for the damage caused in this scenario ? Car A or B |
| stonefish |
Posted: Wed, 19/09/2007 - 6:33pm |
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B |
| Best |
Posted: Wed, 19/09/2007 - 6:34pm |
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B |
| FUNKY.IN.HULL |
Posted: Wed, 19/09/2007 - 6:35pm |
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so car a was parked right across the road? |
| Trystero |
Posted: Wed, 19/09/2007 - 6:35pm |
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pm Jack |
| stonefish |
Posted: Wed, 19/09/2007 - 6:37pm |
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pm Maureen |
| smegy9 |
Posted: Wed, 19/09/2007 - 6:38pm |
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ROad has parking vertical along the street on one side then horizontally as in front of the kerb to the car. |
| Chappie |
Posted: Wed, 19/09/2007 - 6:40pm |
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Car A - it was reversing onto a road and therefore cab B had right of way. |
| Hello World |
Posted: Wed, 19/09/2007 - 6:43pm |
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Were the police involved? If neither car A or car B admitted liability at scene it would be hard to call as there is no evidence of the exactly occurance apart from the accounts of car A and B. |
| Chappie |
Posted: Wed, 19/09/2007 - 6:53pm |
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I would've the damage might back-up the driver of car B's story. |
| aitch |
Posted: Wed, 19/09/2007 - 7:36pm |
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Car A, but if there were no witnesses it could prove difficult with the insurance claims. Could be split liability |
| smegy9 |
Posted: Wed, 19/09/2007 - 8:01pm |
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I was Car B . Driver and wife in Car A are claiming it was my fault. I actually live on the road that it happened, but I couldnt get a witness. The driver of Car A gave me false details to start off with aswell as the police and insurance company had no details of someone living at that address with the name given. I had firstly thought it was someone with no insurance trying to get out of it as he wrote down his reg and it wasn't right after the police checked. However his insurance company phoned me today to ask me my side of the story. I tried to ask them if he was accepting liability but they had said they were trying to get back in touch with him since his original call. anyone any hints or tips for what i could do? i live on the road so I could take pics if needed |
| stonefish |
Posted: Wed, 19/09/2007 - 8:03pm |
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its their word against yours, joint liability id imagine |
| Hello World |
Posted: Wed, 19/09/2007 - 8:04pm |
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He sounds like he has broken the law with invalid insurance so he will take liability in the event of having to believe someones side of the story, but if his insurance is invalid the could be trouble! |
| aitch |
Posted: Wed, 19/09/2007 - 8:06pm |
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Take as many pics as you can, shame you couldnt get any of the accident. Noone was hurt i hope. It be pretty furious if someone gave me false details, did they write them down or did you? I'd think about taking them to court if they don't admit liability. Pretty sure your insurers will cover legal fees if you paid the premium on top. |
| Homer |
Posted: Wed, 19/09/2007 - 8:16pm |
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These things go on for ages, had a crash in march and its still not sorted. |
| andymakesglasses |
Posted: Wed, 19/09/2007 - 9:15pm |
 
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PM Marvin Gaye |
| Otter the Rotter |
Posted: Sun, 23/09/2007 - 7:51pm |
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Should be car A as you were actually on the road, he was pulling onto it so his job to ensure it was clear to do so. You should be ok. Lots of these claims are settled with your insurance company paying for your car, theirs for theirs as the cost of arguing over it is often more than the claim (I'm guessing we are talking a couple of K damage?) but shouldn't affect your premium too much. Moral of the story is buy a car with ABS, then you'll not lock and and be able to miss the twat next time he does it! |
| Sol |
Posted: Sun, 23/09/2007 - 9:22pm |
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With no witnesses it will just be up to the insurance companies to fight over. Same happened to me a few years ago... I even posted about it on here: I got a really nice pay out which actually got me a better model car... but I think I have that write off tick against me as there was no clear blame established. I agree with the ABS comment too.... I wondered if i would have stopped quicker with it. |
| robii |
Posted: Sun, 23/09/2007 - 10:02pm |
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I hate ABS. Any car I've had with ABS, as soon as you break too hard and it kicks in it makes me panic. Feels like you've got no brakes. Much prefer pumping the brakes if I feel the wheels start to lock. And just thinking about it the only 2 cars I haven't crashed were the ones without ABS, not that I think my bad driving isn't to blame |
| andymakesglasses |
Posted: Mon, 24/09/2007 - 6:33am |
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I hate ABS. Any car I've had with ABS, as soon as you break too hard and it kicks in it makes me panic. Feels like you've got no brakes. Much prefer pumping the brakes if I feel the wheels start to lock. And just thinking about it the only 2 cars I haven't crashed were the ones without ABS, not that I think my bad driving isn't to blame how many have you crashed? |
