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Bump in supermarket carpark
dsl1
post Sat, 7 Oct 2017 - 18:07
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Can anyone please advise my daughter went to an unfamiliar supermarket it was raining and dark and inadvertently went down a one way aisle following another vehicle not realising it was one way .
A car reversed out of a space into her
although her car wasn't damaged the other vehicle had a small dent and the driver said it was her fault as it was one way.
where will she stand with her insurance on this .
many thanks in advance
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post Sat, 7 Oct 2017 - 18:07
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albert2008
post Sat, 7 Oct 2017 - 18:13
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A car reversed out of a space into her

if he reversed into the side of her, his fault,
what if this had been a child,
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cp8759
post Sat, 7 Oct 2017 - 18:23
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QUOTE (dsl1 @ Sat, 7 Oct 2017 - 19:07) *
Can anyone please advise my daughter went to an unfamiliar supermarket it was raining and dark and inadvertently went down a one way aisle following another vehicle not realising it was one way .
A car reversed out of a space into her
although her car wasn't damaged the other vehicle had a small dent and the driver said it was her fault as it was one way.
where will she stand with her insurance on this .
many thanks in advance


On the information you've provided, it's impossible to say.

A one way system in a supermarket car park way will be advisory, so there won't be a Traffic Regulation Order making the car park aisle one way, nor will the one way sign have been placed there by or on behalf of the Secretary of State. So it's not the same as going the wrong way down a one way road on an actual public road.

This means it is purely a civil matter and it will fall down to whether, given the speed of all the vehicles involved, the driver who reversed out should have seen your daughter's car. He can't say "oh it was one way so I was entitled to pull out without looking where she was" because there could have been a pedestrian he could have knocked over, he had a duty of care to look in the direction he wanted to go regardless of whether it was a one way system or not.

If she stopped before he hit her vehicle, it may well be that by failing to look, he failed in his duty of care and it's his fault. If on the other hand he did look and then she drove into him, it's her fault. Or fault may lie somewhere in between / with both parties.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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DancingDad
post Sat, 7 Oct 2017 - 18:55
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Insurance companies usually take it that if you have an accident when reversing it is your fault.
Each case will turn on its own merits but on what you say, the guy reversing out is to blame.
One way system is a red herring
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mickR
post Sat, 7 Oct 2017 - 19:08
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QUOTE (DancingDad @ Sat, 7 Oct 2017 - 19:55) *
Insurance companies usually take it that if you have an accident when reversing it is your fault.
Each case will turn on its own merits but on what you say, the guy reversing out is to blame.
One way system is a red herring


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Mat_Shamus
post Sat, 7 Oct 2017 - 19:24
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I'd say it could potentially be split liability as both parties were negligent to some degree.

Your daughter, for going the wrong down a 1 way road
And the person reversing out, for not ensuring it was clear before reversing out.


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Patience is something you admire in the driver behind you, but not in one ahead.
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fedup2
post Sat, 7 Oct 2017 - 19:27
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QUOTE (Mat_Shamus @ Sat, 7 Oct 2017 - 20:24) *
I'd say it could potentially be split liability as both parties were negligent to some degree.

Your daughter, for going the wrong down a 1 way road
And the person reversing out, for not ensuring it was clear before reversing out.


No it couldnt. Pedestrians can go either way,would they get a split decision too?

If you pull out into a lane or a road and its not clear,its YOUR fault!

As said the arrows mean little.
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dsl1
post Sun, 8 Oct 2017 - 08:11
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Thank you everyone for your replies . As the only damage was to his car is it still best to report to insurer as he probably will make a claim and I assume its best they are aware ? Just thought it would impact on her no claims bonus
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fedup2
post Sun, 8 Oct 2017 - 08:18
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Do you have a phone number for the other party?

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Mat_Shamus
post Sun, 8 Oct 2017 - 08:32
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QUOTE (fedup2 @ Sat, 7 Oct 2017 - 20:27) *
No it couldnt. Pedestrians can go either way,would they get a split decision too?

If you pull out into a lane or a road and its not clear,its YOUR fault!

As said the arrows mean little.


Thankfully it isn't pedestrians we're discussing, it's cars and the burden for proving contributory negligence is much easier to satisfy with other cars
Driving the one wrong way down, down a one way road is negligent to some degree.


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Patience is something you admire in the driver behind you, but not in one ahead.
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fedup2
post Sun, 8 Oct 2017 - 08:38
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QUOTE (Mat_Shamus @ Sun, 8 Oct 2017 - 09:32) *
QUOTE (fedup2 @ Sat, 7 Oct 2017 - 20:27) *
No it couldnt. Pedestrians can go either way,would they get a split decision too?

If you pull out into a lane or a road and its not clear,its YOUR fault!

As said the arrows mean little.


Thankfully it isn't pedestrians we're discussing, it's cars and the burden for proving contributory negligence is much easier to satisfy with other cars
Driving the one wrong way down, down a one way road is negligent to some degree.


If it was a one way ROAD then maybe,but its not.Paint is what it is.


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dsl1
post Sun, 8 Oct 2017 - 10:05
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No she didn't get any number from him , he just said it WaS her fault and he was going to insurance he was quite aggressive , whether he does or not is another thing .
but seem to remember you have to report to insurers within 24hours is that correct ?
Thankyou
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DancingDad
post Sun, 8 Oct 2017 - 10:10
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QUOTE (Mat_Shamus @ Sun, 8 Oct 2017 - 09:32) *
QUOTE (fedup2 @ Sat, 7 Oct 2017 - 20:27) *
No it couldnt. Pedestrians can go either way,would they get a split decision too?

If you pull out into a lane or a road and its not clear,its YOUR fault!

As said the arrows mean little.


Thankfully it isn't pedestrians we're discussing, it's cars and the burden for proving contributory negligence is much easier to satisfy with other cars
Driving the one wrong way down, down a one way road is negligent to some degree.


Yeah but not to the extent of pulling out without looking, both ways.
The initial burden will always be on the driver joining traffic flow, whether from a side road, driveway, parking space, whatever.

There are always question marks.
Was he already pulling out and she drove into him for instance?
If so, was she going too fast or was the timing such that she didn't have a chance?

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dsl1
post Sun, 8 Oct 2017 - 10:15
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Thank you she said he literally sped back and hit back end of her car as she passed , she was following another vehicle going the same way so didn't have any speed as such .
Maybe I will tell her to report to her insurers and let them decide ?
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DancingDad
post Sun, 8 Oct 2017 - 10:19
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QUOTE (dsl1 @ Sun, 8 Oct 2017 - 11:05) *
No she didn't get any number from him , he just said it WaS her fault and he was going to insurance he was quite aggressive , whether he does or not is another thing .
but seem to remember you have to report to insurers within 24hours is that correct ?
Thankyou


No it isn't.
You have to exchange details at the scene or report to police at earliest I think within 24 hours but reporting it is the key thing.
Get her to toddle along to local police station, report the accident (which puts her in the clear) and explain that he wouldn't exchange details.
The latter may drop him in the mire but tough. Often the police simply contact and get insurance details from each party then leave them to it.
I assume she has his registration number ?

She should report it to her insurance as an accident and possible claim. But stress that twas not her fault, that she is not making a claim.

QUOTE (dsl1 @ Sun, 8 Oct 2017 - 11:15) *
Thank you she said he literally sped back and hit back end of her car as she passed , she was following another vehicle going the same way so didn't have any speed as such .
Maybe I will tell her to report to her insurers and let them decide ?


If he copped the back end of her car, no question in my mind, 100% his fault.


This post has been edited by DancingDad: Sun, 8 Oct 2017 - 10:17
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southpaw82
post Sun, 8 Oct 2017 - 10:24
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The test would be

- would a careful driver drive against a one way system in a car park? If yes, then

- was that a contributory factor to the accident? If yes, then

- how much of a contributory factor was it?

Saying "it's not a legal one way system" isn't a perfect defence.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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Umtwebby
post Sun, 8 Oct 2017 - 11:33
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QUOTE (Mat_Shamus @ Sun, 8 Oct 2017 - 09:32) *
QUOTE (fedup2 @ Sat, 7 Oct 2017 - 20:27) *
No it couldnt. Pedestrians can go either way,would they get a split decision too?

If you pull out into a lane or a road and its not clear,its YOUR fault!

As said the arrows mean little.


Thankfully it isn't pedestrians we're discussing, it's cars and the burden for proving contributory negligence is much easier to satisfy with other cars
Driving the one wrong way down, down a one way road is negligent to some degree.


Don't tell a PPC that driving against an arbitrarily painted arrow is negligent or they start issuing invoices for it.
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fedup2
post Sun, 8 Oct 2017 - 16:22
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I personally wouldnt rush to do anything but thats just me.I would have weighed up the likely probabilities in the car park.

To be an accident there has to be an injury or damage to a third partys property.From the prospective of the person pulling out of the space,there wasnt one.

I would leave the choice down to them,but then i havnt seen the damage,if its minor they have probably worked out by now that its going to cost going through the insurance and that there is no damage to other vehicles but their own.In that position many would just move on.

Without seeing the events myself its hard to say but again,id be doing nothing at this stage and see where it goes.Worse senario is a letter comes from the insurance company and you fill it in disputing the claim.They then decide whos at fault which is likely to be the person entering the 'road'.
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dsl1
post Sun, 8 Oct 2017 - 19:24
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Thanks all
I will tell her to wait and see as suggested.
Great site great advise thank you all !!
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