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Driver reversing out of car parking space,hits car - JintyJo

My neighbour has told me they were involved in a very minor bump when they were about to park their car in a retail outlet car park.

They were quing to pull into a space and indicating. They seen a man get into the parked car next to their intended space.

As my neighbour was pulling in and he had been indicating he was pulling in as he was waiting in a que) the other car pulled straight out, looked behind him but not over his right shoulder where the empty space was and my neighbour coming alongside/

As a result the side of the mans car hit the front corner of my neighbours car.
The man is claiming it was his right of way reversing out of the space? He made my neighbour give insurance info for a claim. They were going at 1-2 mph and very superficial damage to both vehicles. The man was also very agressive to my neighbour.

I said i thought it was the driver moving backwards / reversing who is to blame and as he didnt bother to look around properly?

Is this right or not? Or is it open to debate from both sides via insurance?

Driver reversing out of car parking space,hits car - RobJP

Insurance will view this as 'knock for knock' - ie both parties equally liable, unless absolute proof exists that one party was negligent. As it is, it's one person's word against anothers.

Driver reversing out of car parking space,hits car - dacouch

"Knock for Knock" has not existed for about 20 years

Driver reversing out of car parking space,hits car - RT

"Knock for Knock" has not existed for about 20 years

Oh, it has - they just don't call it that.

The big majority of accidents have more than one driver responsible - incurring costs arguing over the exact % just gets added onto premiums in the long run - and both parties still lose their NCD.

Driver reversing out of car parking space,hits car - dacouch

"Knock for Knock" is entirely different to split liability eg 50 / 50.

Knock for knock was an agreement between participating Insurers whereby they agreed to not pursue each other for accidents between their customers irrespective of blame. So in effect the Insurers paid their own customers own damage claims (Assuming they were comprehensively covered)

The idea of "Knock for knock" was to save particpating Insurers on the admin of chasing each other for money.

A customer would prove they were not at fault in an accident by recovering their excess from the other Insurer which would then mean their no claims bonus was unaffected and the claim was marked as non fault.

Knock for Knock ended about twenty years ago as some Insurers who specialised in young drivers eg Pegasus realised that they could build a business model around knock for knock. They changed their pricing to attract solely third party only of TPF&T customers with no comprehensive customers. By being members of the Knock for Knock agreement it meant that if one of Pegasus's young drivers who was TPF&T covered had an accident with a Norwich Union (Now called Aviva) customer who was comprehensively covered (as were the vast majority of NU's customers) with the accident being the Pegasus client. So Pegasus would pay their own customers own damages which were covered by the policy which would be zero and NU would pay their customers own costs. Because of the knock for knock agreement NU would not pursue Pegasus for their costs.

So Insurers whose customer base was predominantly TPF&T & TPO eg an Insurer who specialised in young drivers were being subsidised by Insurers such as NU whose client base was virtually all comprehensively covered. Hence the end of the knock for knock agreement and also one of the reasons young drivers Insurance is considerably more now days than it was back in the 80's & 90's when the knock for knock agreement kept the prices down.

Split Liability which is what you actually mean and is used where an accident is caused equally by each party also known as 50/50. This is also used on accidents such as roundabout claims where it's difficult to work out who was at fault especially as each party has a tendancy to give a different story and blame the other party.

With a 50/50 each Insurer would recover half of their outlay from the other party with the clients also recovering half of their uninsured losses from the other Insurer.

They're entirely different things, one basically being an accounting excercise to try and save on admin costs, the other being a way of apportioning blame especially in an incident where it's difficult to work out definatively who was to blame

Driver reversing out of car parking space,hits car - gordonbennet

About 50/50 i'd have said, even if its 10/90 blame one side very doubtful one insurer will accept liability unless one of the cliamants does.

Cases like this are far better sorted amicably, but if you come across a neanderthal mouth breather thats not going to happen, and you always have the possibility of the third party claiming whiplash depression job loss infertiltiy abduction by aliens or any other cods wallop two years hence when they happen to be short and want a boozy holiday with all the other low lifes.

Just tell the truth to the insurer and let them deal with it, meself i'd probably get my own damage fixed by my own handy little body chap so wouldn't be claiming on my own insurance for such a petty thing, hopefully this would mitigate costs.

Driver reversing out of car parking space,hits car - TedCrilly

Similar thing happened to me about 20 years ago, I was the one backing out and I was held 100% to blame and in retrospect I was. The arguement was that if I had seen the other car in motion it would have been obvious to me what path it was taking ie. into the adjacent bay. Whereas the other driver saw what was to all intents and purpose a stationary vehicle and couldnt reasonably expect me to suddenly move into his path.

There is really no getting out of it. Ask the driver backing out if he saw your neighbour, if he says `no` its an admission that he didnt look properly, if he says `yes`, you can say "so do you make a habit out of backing into other cars then?"

Driver reversing out of car parking space,hits car - TedCrilly

Come to think of it it reminds me of another prang I once has. Young lad in a Crapi pulled off a garage forecourt righ in front of me. He was chatting with his mates and hadnt looked my way at all and I was already on the anchors when I T-boned him. It was early evening and when the fuzz showed up the first thing the young lad said was "Its all his fault, he didnt have any lights on" Dibble says "Did you see him without any lights on?" Young lad says "Yes" Copper says "So you admit to seeing him.......but you still pulled out in front of him?" Young lad suddenly realised what he had said and.........went very quiet!

I didnt loose that one haha.