Hi brains trust. Seeking an opinion here. I'll preface this with the that I understand the adage "reversing vehicle always at fault" but what if at the time the other driver admits that they made a poor decision which led to the accident?
In my case, I was arriving at home and I pulled into my neighbours driveway to execute a turn so I could park in front of my house (on the street).
I pulled a fair way into my neighbours property and before I reversed back onto the street I first checked my mirrors and then looked down the road for any approaching traffic. As I was reversing, I did another head check to see that there was still no traffic driving up the street when I here/feel a collision. I look again in my mirror to see a work van attached to the tray of my vehicle (4WD utility with canopy)
After throwing my hands up to say "WTF" they reversed and we both parked in the street to asses what happened.
The other driver immediately apologised and said that he assumed that I was parking in my neighbours drive and he performed a u-turn in the street directly behind my car. Looking at the height and placement of the damage, I would speculate that he was in the middle of performing the u-turn when I started to reverse and his vehicle would've been in my blind spot when I initially checked my mirrors.
It would be hard to prove, but I feel that the accident occurred when both vehicles were moving.
I took a picture of damage to their car and he took my phone number. This accident occurred just over six months ago and until today I had thought that they had taken it on the chin and had accepted that it was their fault however I received a call just now asking for my insurance details.
As I stated in the beginning, I accept that most reversing accidents will normally be the responsibility of the reversing car, but in this instance would there be any room for the other driver to be liable?
To summarise the event:
Presently, I plan to give them my insurance details and then offer the same information as above to my insurer.
The reason for posting here is to see if I may have any grounds to have the liability of the accident placed back onto the other driver.
Any opinions regarding this would be greatly appreciated.
Thanks for reading and for any advice
In my case, I was arriving at home and I pulled into my neighbours driveway to execute a turn so I could park in front of my house (on the street).
I pulled a fair way into my neighbours property and before I reversed back onto the street I first checked my mirrors and then looked down the road for any approaching traffic. As I was reversing, I did another head check to see that there was still no traffic driving up the street when I here/feel a collision. I look again in my mirror to see a work van attached to the tray of my vehicle (4WD utility with canopy)
After throwing my hands up to say "WTF" they reversed and we both parked in the street to asses what happened.
The other driver immediately apologised and said that he assumed that I was parking in my neighbours drive and he performed a u-turn in the street directly behind my car. Looking at the height and placement of the damage, I would speculate that he was in the middle of performing the u-turn when I started to reverse and his vehicle would've been in my blind spot when I initially checked my mirrors.
It would be hard to prove, but I feel that the accident occurred when both vehicles were moving.
I took a picture of damage to their car and he took my phone number. This accident occurred just over six months ago and until today I had thought that they had taken it on the chin and had accepted that it was their fault however I received a call just now asking for my insurance details.
As I stated in the beginning, I accept that most reversing accidents will normally be the responsibility of the reversing car, but in this instance would there be any room for the other driver to be liable?
To summarise the event:
- I was reversing from a driveway (which I had just driven into) when I collided with another vehicle.
- They assumed that I was parking in that driveway and did a u-turn behind my vehicle.
- Because of my blind spot, I didn't see the other vehicle until we collided.
- At the time, the other driver apologised for his manoeuvre which caused the accident.
- There was zero damage to my vehicle.
Presently, I plan to give them my insurance details and then offer the same information as above to my insurer.
The reason for posting here is to see if I may have any grounds to have the liability of the accident placed back onto the other driver.
Any opinions regarding this would be greatly appreciated.
Thanks for reading and for any advice