Hi i was driving on a main road today and another car on the other side of the road facing the same direction as me was indicting right to park. When i was driving passed he drove forward and hit the driver side front panel and dented it in. I braked and it scratched the rest of the car. He claimed responsibility straight away. But when the police came he ssid he didnt know whos fault it was. But told me to get a quote and he will pay it without going through the insurance. I rang him tonight and he said why should i pay. I hit him when he was trying to park amd its both our fault. Can anyone them me who is at fault. Im 100% sure im not
Hit by parking car, whose fault?
- Thread starter Gearoid60
- Start date
Was he facing the same direction or facing towards you? As he moved right and hit you, I'm assuming the latter.
In my view, this one is clear cut, you had right of way to proceed, he turned to pull across a traffic lane without yielding, and so is 100% at fault.
If he is not prepared to pay, tell him you are lodging a claim with his insurance company. Do you have their details? Did you let your own insurance company know this incident took place?
You have the option of claiming from your own insurance and letting them chase his for costs or claiming directly from his insurance. The latter is best and won't see your premiums jacked up next time you renew. The more evidence you can provide the insurance company the more likely they are to settle quickly in your favour.
Talk to the Garda who attended the scene to get his notes to include in your claim.
I read it that it was the former, as OP stated,
ie. driving against the flow of traffic on his side as why else would he be indicating right to park?
However I agree 100% with your point about pulling across a lane and failing to yield, however may be difficult to prove.
Hard to know for sure alright. The OP said the other car was on the other side of the road though, so I based my assumption on that. My guess is the parking space the other car was aiming for was on the OP's side of the road, so they'd be indicating right to access that only if they were travelling towards the OP.
Ah yeah, I see where you're coming from, but that would mean that the third party was facing towards the OP and not as he stated :-
My money's on the parking spot being on the opposite side of the road to the OP.
Evens on a 10 spot ?
Ah yeah, I see where you're coming from, but that would mean that the third party was facing towards the OP and not as he stated :-
My money's on the parking spot being on the opposite side of the road to the OP.
Evens on a 10 spot ?
Haha! There seems to be a conflict in the details, I'm not confident enough in either to put anything on it though