Who would you say was to blame...

[Shab]

Had a little prang at the weekend, and I though I'd run it past you chaps to see what you think.

OK, it was 9:45 Saturday night, Tesco car park[I know it's sad being anywhere near Tesco at anytime, nevermind Sat night]. Anyway, drove upthe main access road, the car park was nearly empty as you would expect, so I just headed for the nearest bay. I looked left and
saw a car driving toward me along one the access roads about 100 yds away to my left [at right angles to my car], I was a few feet from the bay when I looked left and saw this car [a Corsa] bearing down on me, wheels locked, sliding toward my nearside front [it had just rained for the first time in two weeks, and was very greasy]. Automatically I hit the brakes and was stationary by the time he hit. The actual point of contact was my front wheel and the force of the impact pushed the front of the Surf 2 yards to the right. Anyway, looking out at his car, his front looked like he'd hit a brick wall so I jumped out, fearing the worst, and went to have a look at my front end. Slight scratch on the alloy wheel and a small rubber scuff on the arch. To say I was pleased was like saying the North Pole is a bit nippy!

The upshot was my tracking needed re-alignment and he's had an estimate from the Vauxhall body shop for £1800. I had a call from the accident assessment people saying he said I pulled out on him. Now I don't quite know how you pull out on somebody when you are driving in to a car space, but, I was blocking the road. In my view [and I know it's just that, my view], the thing that caused a very avoidable accident was excessive speed more than anything else, which is what causes 99% of accidents. On the other hand, I should have seen him before I did, but it happened at that tricky dusk/nearly dark time when speed & distance are very hard to judge.

Well there we have it...What I would like is some unbiased opnion. I know it's hard to envisage exactly What happened from my not altogether brilliant description, but what do you reckon?

BTW, Great to see the forum up & running again.
Cheers,
Shab.

[andrewlee31]

if the other driver going fast enough to skid on tescos car park, then he is a knob, and automatically liable for everything, up to and including me loosing me house keys

[Shab]

if the other driver going fast enough to skid on tescos car park, then he is a knob, and automatically liable for everything, up to and including me loosing me house keys

Well, that's one for me then...


'sfunny, I was only saying the night before that I'd got to 44 without a road accident...just goes to show. [what, I don't know].

[stormforce]

you will probably find that it will be knock for knock as Tesco don't hold any responsibility for any damage on their property and there should be some signs around the car park stating it

[andrewlee31]

ha ha, ill try that!! i got to 33 without winning the lottery!!

[M35A2]

We need pictures!!!!

If you were driving on the main access road, and he hit you from a smaller branch road then it's his fault.

If you were driving thru the empty bays, and crossed his path while he was on the marked driving lane (and you were coming out of an empty bay heading for another in front) then I would say it's your fault OR 50%/50%.

The general rule is, if you hit someone with the front of your car then it's your fault unless someone disregards a road sign (like a give way) and you hit them as a result.

The fact you saw them from a 100yds away wont help your case, as the insurance will argue that you were aware of the other car and it should have been avoidable. If the other driver had to give way to you (by means of road markings or signs), but didn't and hit your truck, then there is a good case for it being his fault. It's hard to say without seeing pictures of where you were and where he was. I think it will end up 50/50 as you saw him from 100yds away, and he hit you with his front into your side, so should have seen you too and acted accordingly.

Let us know what the verdict is? By the way, did you get the front of your truck checked properly, by a qualified mechanic? With an impact like that you might have had your wishbone bent, steering rod bent, wheel rim buckled, even chassis rail bent? Make sure everything is checked properly.

[Shab]

you will probably find that it will be knock for knock as Tesco don't hold any responsibility for any damage on their property and there should be some signs around the car park stating it

That's what I suspected, I'll have to see what Chuchill say. As I mention in the previous post, having never claimed I have no idea what the process is but I suppose if it's deemed k or k I will lose my no claims. Would I lose my no claims if it was proved to be his fault and it had happened on the road? I really have no idea how this insurance malarky works...

[joker??]

our tesco's got a 12mph speed limit !!! check yours ,

[stormforce]

That's what I suspected, I'll have to see what Chuchill say. As I mention in the previous post, having never claimed I have no idea what the process is but I suppose if it's deemed k or k I will lose my no claims. Would I lose my no claims if it was proved to be his fault and it had happened on the road? I really have no idea how this insurance malarky works...

you wouldn't lose your no claims if it was his fault on a main road but if i were you i would get protected no claims or if you already have it then i wouldn't think it would be affected.

[M35A2]

That's what I suspected, I'll have to see what Chuchill say. As I mention in the previous post, having never claimed I have no idea what the process is but I suppose if it's deemed k or k I will lose my no claims. Would I lose my no claims if it was proved to be his fault and it had happened on the road? I really have no idea how this insurance malarky works...

Usually if you make a claim you loose your discount, regardless of who is to blame. I'm with Lifesure and they give you lifetime protected no claims.

[Paff]

If you were that close to getting in the bay, then the tw*t should have seen you. To move a Surf 6ft takes some doing, so he must have been speeding.

Anyway it's a private road not the public highway, tell him to spin on it if you aint out of pocket too much.

BTW I didn't think Corsa was worth £1800

[CaptainBeaky]

Had a little prang at the weekend, and I though I'd run it past you chaps to see what you think.

Glad you're OK - everything else is just money.

the thing that caused a very avoidable accident was excessive speed more than anything else, which is what causes 99% of accidents..

Bit of an unsupported assertion there, old bean - this one has been comprehensively trashed on numerous occasions and publications, even on HMG's own damned lies, sorry, statistics. Quite a daming inditement, given that even "failure to correctly judge the speed of an incoming vehicle" gets lumped in with "speed-related".
Which doesn't quite square up with the crackdown on speeding etc., but there you go.

Still, if he was going fast enough to skid any distance in a Tesco car park, then he was going too fast for the conditions.

I think you may find that the most common cause is not seeing an oncoming vehicle, which might be the case here.

[Shab]

We need pictures!!!!

If you were driving on the main access road, and he hit you from a smaller branch road then it's his fault.

If you were driving thru the empty bays, and crossed his path while he was on the marked driving lane (and you were coming out of an empty bay heading for another in front) then I would say it's your fault OR 50%/50%.

The general rule is, if you hit someone with the front of your car then it's your fault unless someone disregards a road sign (like a give way) and you hit them as a result.

The fact you saw them from a 100yds away wont help your case, as the insurance will argue that you were aware of the other car and it should have been avoidable. If the other driver had to give way to you (by means of road markings or signs), but didn't and hit your truck, then there is a good case for it being his fault. It's hard to say without seeing pictures of where you were and where he was. I think it will end up 50/50 as you saw him from 100yds away, and he hit you with his front into your side, so should have seen you too and acted accordingly.

Let us know what the verdict is? By the way, did you get the front of your truck checked properly, by a qualified mechanic? With an impact like that you might have had your wishbone bent, steering rod bent, wheel rim buckled, even chassis rail bent? Make sure everything is checked properly.

I was driving from the main access road across a marked driving lane to a bay opposite. I would have been in the bay itself but slowed as a chap was approaching his car in the bay opposite mine. As you say, it very hard to picture what happened. I shall take some pictures or make a sketch of the layout.

On the damage, it's booked in to the local Toyota garage tomorrow.

On a lighter note, there was probably about a dozen or so cars on the whole car park at the time, one of which was a cop car. I think they were very keen ornithologists...they couldn't take their eyes of a clump of trees in the opposite direction...then drove past us chasing what must have been a Golden Eagle or something....


Shab.

[M35A2]

I was driving from the main access road across a marked driving lane to a bay opposite. I would have been in the bay itself but slowed as a chap was approaching his car in the bay opposite mine. As you say, it very hard to picture what happened. I shall take some pictures or make a sketch of the layout.

On the damage, it's booked in to the local Toyota garage tomorrow.

On a lighter note, there was probably about a dozen or so cars on the whole car park at the time, one of which was a cop car. I think they were very keen ornithologists...they couldn't take their eyes of a clump of trees in the opposite direction...then drove past us chasing what must have been a Golden Eagle or something....


Shab.

Nice to see the long arm of the law doing what they do best.

NOTHING

[Shab]

BTW I didn't think Corsa was worth £1800

He'd just had a new front bumper/spoiler thing fitted in the morning so that would add £600. At first he didn't want to go through the insurance as it was £2500 already...


Beakey, what I meant was if he was travelling at 5mph I wouldn't be writing this now...