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In mid Nov 2006. I was reversing out of a car park and there was another car waiting to use the space. I looked back before reversing and there was no car behind me. I started reversing and heard a little bump sound so I immediately stop. I saw my car has hit the other person car nearest to the drivers door causing a little dent. It wasn't the owner of the other car that was driving but the owner was present. This car just came to park right behind me so they could use my space. They did not blow their horn or anything and just watched my car hit theirs.
Now they said is my fault I have to either claim it from my insurance or we settle it outside insurance. I have not heard from them since Nov 06 and suddenly I have been receiving phone calls from them. I'm not sure what my options are cos I don't want to claim from my insurance and I don't think I'm entirely guilty either.
Any legal advice on what I should do?

2007-01-28 23:41:20 · 11 answers · asked by FlexyRomario 1 in Politics & Government Law & Ethics

11 answers

Hi Flexy,

This is an interesting one.

Lets deal with the phone calls first.

If they persistently phone you then it is harrassment and can be reported to the police. This is the Protection from Harrassment Act.

Ok, now the accident.

Normally, it is the fault of the person who hit the other vehicle because it is regarded as driving without due care and attention.

On the other hand, there is a thing called contributory negligence.
In this case the other driver saw you coming but failed to make you aware of their presence, which is what a horn is for. This could reduce your liability.

I would also like to know if the driver was insured to drive the vehicle or even had a licence.

Go and talk to a solicitor.

Good luck.

2007-01-29 00:30:15 · answer #1 · answered by LYN W 5 · 2 0

You are at fault, but the other person driving the car may not have been covered by the insurance, have a word with you insurance people, they may be able to get you out of it, and also, what the hell are you thinking about by giving this bloke your phone number, not very bright was it?

2007-01-29 01:06:45 · answer #2 · answered by Anonymous · 0 0

I am sorry to say but its your fault. They may be hoping that by pestering you you will just pay up but let it go through the insurance. You may find that the insurance will contest whether the person driving should have been driving

2007-01-28 23:50:43 · answer #3 · answered by gina 5 · 2 0

All your explaining, and justifying, and rationalizing is irrelevant. You backed into the guy, pay to have his car fixed and accept your responsibility to make thinds right. Whiner!

2007-01-29 00:15:15 · answer #4 · answered by rico3151 6 · 1 0

You're 100% at fault.
When backing you have to check that the area is clear behind and REMAINS clear while you are backing up.
sorry.
tc

2007-01-28 23:46:37 · answer #5 · answered by timc_fla 5 · 2 0

Yes I agree with other answers.Your responsibility to make sure exit is clear.

2007-01-28 23:57:02 · answer #6 · answered by tobybites 2 · 1 0

I am sorry but I think you are to blame you were not looking in the direction your vehicle was travelling

2007-01-28 23:53:09 · answer #7 · answered by barn owl 5 · 2 0

I agree you are at fault. Sorry

2007-01-28 23:50:16 · answer #8 · answered by thirsty mind 6 · 2 0

It looks it's your fault, sorry.

2007-01-28 23:56:11 · answer #9 · answered by gato carnalito 6 · 2 0

it probably costs less than your deductible. suck it up and move on, but look more carefully first.

2007-01-29 00:20:46 · answer #10 · answered by daddio 7 · 0 0

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