My C55 Estate got whacked

[brucemillar]

Picking up daughter from school yesterday in my C55 Estate. A van parked on my left. As I go around him (empty road ahead) I catch a glimpse of movement in my overtaking mirror. It's a Ford Fiesta reversing quickly out of a driveway on my side. Crunch!! Reversed straight into me, hitting me just under the petrol flap and pushing me further out into the road.

I stop. He drives straight back into his driveway, gets out and states "you were on my side of the road mate". He has little or no visible damage. Unfortunately the same cannot be said for my car. Rear wing is pushed in over the wheel and he also managed to make contact with the wheel.

Nobody hurt, which was/is the most important thing.

He continued to state that it "was my fault" as I "was on HIS side of the road". No argument from me. I just asked for details gave him mine and told him I would claim and he should leave the blame to his insurance.

My insurance have immediately said there is no argument about blame. The third party is to blame:

1) He reversed onto a main road.
2) He has obviously NOT seen the length of my car passing in his mirrors as he hit the rear quarter.
3) There is no such thing as "My side of the road" I was completing a valid overtake.
4) Had he reversed into the front of me? Still no argument as point (1) trumps them all.

I now await the insurance to take the car away for repair.

Checked with friend last night who is in the Traffic Police. He immediately said that reversing into a main road is a NO NO!

So why do I feel bad? He actually was a nice chap and he had his kids in the car. Who whilst a bit shaken were all OK.

I have never heard that it is an offense to reverse onto a main road (until yesterday) can anybody confirm.

 

[BaldGuy]

It defo is Bruce.....

 

[jotter22]

I dont think it is just a main road i think reversing on to any road would give you the same result from a claim point of view.

Tony.

 

[balge]

https://www.gov.uk/using-the-road-159-to-203/reversing-200-to-203

Says 'do not' but no actual offence mentioned?

 

[developer]

Sorry to hear this Bruce - I'd be mortified if I was shunted.

Your approach was spot on - there's no point getting into a heated debate at the roadside.

Is it fixable?

 

[brucemillar]

https://www.gov.uk/using-the-road-159-to-203/reversing-200-to-203

Says 'do not' but no actual offence mentioned?

Balge

Thank you good reply. Neither my insurer or my friendly Policeman mentioned an offense. More that it was considered a No No in insurance and Police terms. ie.e No offense until something happens then it is viewed as per the highway code.

Good to know as I often reverse out of my drive and will now make sure I do not.

I am clear that I could not be anywhere but where I was at that point in time. I was going around a parked empty van with no traffic heading towards me or behind me. So would not be happy were it my fault. I have sympathy with the guy who hit me as I am sure he feels that that I was on "his" side of the road.

I am sure that this chap simply did not expect me to there and didn't check properly (probably all do it but with zero consequence).

 

[MrVix]

Was the van parked legally?

 

[brucemillar]

Was the van parked legally?

As far as I am aware? yes it was.

 

[balge]

Balge
Thank you good reply. Neither my insurer or my friendly Policeman mentioned an offense. More that it was considered a No No in insurance and Police terms. ie.e No offense until something happens then it is viewed as per the highway code.
Good to know as I often reverse out of my drive and will now make sure I do not.
I am clear that I could not be anywhere but where I was at that point in time. I was going around a parked empty van with no traffic heading towards me or behind me. So would not be happy were it my fault. I have sympathy with the guy who hit me as I am sure he feels that that I was on "his" side of the road.
I am sure that this chap simply did not expect me to there and didn't check properly (probably all do it but with zero consequence).

Makes sense, would probably be due care and attention or similar if they did actually charge them then.
Not seeing other road users means not looking properly 'sorry mate I didn't see you' is an admission of guilt, god knows I heard it often enough when riding bikes.

 

[MrVix]

As i would read it then you are in the right and the guy reversing could maybe pursue the van driver. I suspect this would be a fruitless exercise though, the ubiquitous van driver strikes again

 

[brucemillar]

Sorry to hear this Bruce - I'd be mortified if I was shunted.

Your approach was spot on - there's no point getting into a heated debate at the roadside.

Is it fixable?

John

Fixable? I think so. It has pushed the arch into the wheel (not actually rubbing (but only by mm). There is then a decent crease and scrape along the arch and the rear bumper and a hefty paint/bash mark in my rear wheel. He missed the rear door but the sill has popped out in front of the rear wheel (where the arch was pushed in)

I am guessing that it will not be a cheap fix as it looks like a new rear wing. On an estate this will not be cheap. Then the bumper.

Me thinks it will cost more than his Fiesta to fix.

 

[Deleted member 37751]

Was the van parked legally?

the ubiquitous van driver strikes again

When you buy a van/commercial vehicle, you are given a little license card which states that you can park wherever you like.

Only applies to the white ones and the red ones though.

 

[NicCarley]

Bit like women on the school run then!

 

[brucemillar]

When you buy a van/commercial vehicle, you are given a little license card which states that you can park wherever you like.

Only applies to the white ones and the red ones though.

Lee

I believe that this has now been extended to any of the rules of the road.

Use of a mobile phone (must not be hands free) whilst driving is now mandatory.

1..1 AT no time must you appear to know where you are going. Always drive as if lost but maintain an unsafe speed if on single track lanes.

1..2.. Other drivers are phsychic. They will know in advance that you are about to outbreak an F1 car.

1..3 Hand signals should be used only as insult after the event. Giving your fellow motorist the "bird" is to be encouraged. How dare he use your road when you were on it.

 

[Deleted member 37751]

Use of a mobile phone (must not be hands free) whilst driving is now mandatory.

I always find it amazing how many people I see on the phone driving a newish prestige car that I know has Bluetooth handsfree.

Why do they do this?

P.S. glad to hear you're ok.

 

[flango]

From the horses mouth

"It is not illegal to reverse into a main road but it is not advisable. This is for safety reasons. The main road is likely to be very busy and there will be an increased chance of a collision due to the presence of more cars on the road. If an accident occurred due to you reversing onto a main road then there may be the possibility of you being prosecuted for driving without due care and attention"

Third party to blame definite driving without due care and attention I think

 

[balge]

Was the van parked legally?

As far as I am aware? yes it was.

As i would read it then you are in the right and the guy reversing could maybe pursue the van driver. I suspect this would be a fruitless exercise though, the ubiquitous van driver strikes again

Not sure how you can 'pursue' a van driver for parking legally?

 

[Dieselman]

I always find it amazing how many people I see on the phone driving a newish prestige car that I know has Bluetooth handsfree.

Why do they do this?

It seems to be some kind of status symbol. Maybe it's so you can show off your Omega or Breitling watch to best effect.

 

[Dieselman]

Not sure how you can 'pursue' a van driver for parking legally?

Or illegally. Their action is separate from any subsequent one.

 

[MrVix]

Sorry my mistake and as you say even if the van was parked illegally it would not be straight forward. I just love to throw the sh1t at van drivers as they all seem to be a bunch of wanchors