158 replies to this topic

[GiGo]

About to leave our local Aldi Car Park when my partner was involved in a minor collision.  The women who we hit says it's not her fault, I have my doubts as we both looked and didn't see the car.

 

So a bit of impartial advice would be great via the wonders of my dash cam, not the best quality but for the sub £15 price tag it will hopefully save me from having a claim.

 

Even if it does end up being Kelly's fault I am after impartial advice on whether you think it's her fault of the other women's fault. Don't be shy, tell me what you think.

 

Cheers

Giles

 

Can't figure out how to embed so here's the link:

 

https://youtu.be/XlYpLk8oeCY

[mrmrsmilton]

not marked out for right of way, probably be 50/50 with footage. Higher likelihood of at fault without footage due to where damage is on cars and the story other side could create

 

Although other cars speed is clearly contributing factor

[fezzasus]

They're at fault, you had already turned and were in position in the road.

Edited by fezzasus, 10 January 2017 - 12:51 PM.

[Foxy]

They're at fault, you were had already turned and were in position in the road.

This. They failed to mitigate.

[chickendippers]

Not sure on who's fault it is but they would have had an awfully long amount of time to see you pulling out! 

[CocoPops]

I'd go with pushing for 3rd party fault.

They were going far to quickly, would have had good visibility of your actions.

[ChrisS1]

Looks like their fault to me, but you might get a 50:50 decision.

[phil.d]

I would say 50/50 , there going to say you just kept pulling out without looking and you'll say they were going at a excessive speed which is true, a young guy got jailed for running down a child in a car park even though his speed was recorded at 14mph , the judge said in car parks anything more than walking speed is excessive so that would be my defence , also as said above its not marked for a right of way although I dare say people coming from the right will assume they have right of way, wrongly or not , good luck , these are always a pain

[Andrew aka Stuwy]

ok, so the rules of the road don't apply to privet car parks however they are usually stipulated by the owner of the car park (usually to keep some form of order). as its not a public highway you don't have to give way to the right... However you still should..

 

In the footage the other car appears to traveling much faster and also not in the correct position, as Tom says above you are in position on the road.

From the footage it looks like the car is attempting to cut in?

 

I would say that it would be more the other party fault but how insurers see it, being not a highway and the footage who knows.

 

If I was you, I would make a claim directly to her insurers, tell the other party you have done so and that you have a dash cam and recorded the whole thing.

 

Although the damage looks very light... I would just fix it myself...

[Alastair]

 

They're at fault, you were had already turned and were in position in the road.

This. They failed to mitigate.

 

 

 

Agree, you were in front, they sped past and cut across.  Its a private car park though with no marked right of way.. so no idea how that impacts the decision. 

[Foxy]

If you start getting mucked around I'd recommend getting europa consultants involved. They'll take it on if they agree you're not at fault. http://www.europaconsultants.co.uk

[fiveoclock]

Looks like they hit you on purpose to me. We're they complaining of any injuries?

[Ian59]

To be fair Giles (after looking at the video), it appears that your partner was well in to her left turn when the other vehicle appeared to have to drive around your vehicle, and colliding whilst doing that.

It is an asset to have the dash cam, as the damage on the two vehicles will show (from work based experience) that the front o/s of your vehicle came in to contact with the near side of vehicle 2, thus gives the appearance that you hit the side of the passing vehicle.

You could argue that your partner should have looked right before turning left (apologies if she did), and the other vehicle should have seen your vehicle, and then attempt to avoid contact and drive to the conditions presented to them.

 

If I can assist in any way (advice, etc), pm me

 

    

[GiGo]

Cheers guys, that will cheer her up! I told the women it wasn't Kelly's fault so she decided to ring the Police who politely decided that it wasn't there problem I will head down to Aldi later and ask if they have regulations regarding the car park. I imagine the women will say she sped up to try and avoid the accident. Regarding not seeing our car, it's a big black 4x4, can't imagine she couldn't see it even if there are cars park in her way! Will keep updated with the outcome. Cheers fellas.

[Branagorn]

How bad is the damage?  If its no bother, might be cheaper (long run) to not have a claim mentioned,  perhaps tell the other driver you have the footage and that it wouldnt go well for them.

 

That said, my 2 cents looks like its not your fault.

[Ian59]

 

 

They're at fault, you were had already turned and were in position in the road.

This. They failed to mitigate.

 

 

 

Agree, you were in front, they sped past and cut across.  Its a private car park though with no marked right of way.. so no idea how that impacts the decision. 

 

 A rtc can happen on a public highway or where the public have access.

 

The store's carpark would be deemed public during opening hours and private out of hours.

[Jetpilot]

I imagine the women will say she sped up to try and avoid the accident.

 

Probably, but as others have said, she didnt need to try and cut in, she could have just braked, if it was F1, she would be getting a grid penalty

Edited by Jetpilot, 10 January 2017 - 02:16 PM.

[Wolfstone]

Might also be worth asking the store if they have CCTV which might evidence her speed and behaviour just prior to her hitting you. Looks to me like she got the shits with Kelly turning in front of her and decided to cut you up.

[Harry Hornet]

Giles Stop the video on 22 seconds and blow tbe image up See if you catch a frame with her on a phone or distracted Hh

[GiGo]

Giles
Stop the video on 22 seconds and blow tbe image up

See if you catch a frame with her on a phone or distracted

Hh

 

Your wish is my command:

 

 

 

Had already been looking, right arm on the steering wheel, what was her other hand doing?

 

Damage to our car is minimal, see below:

 

Personally I would just pay to get mine repaired, it's not gonna cost a lot as it's the bumper and the washer bottle as it was pissing with water (was water rather than coolant, did a taste test)