Pulling out of a parking space. Who has liability?

[richard1959]

My son was pulling out of a parking space in a one way road. He indicated and then checked the road carefully both looking over his shoulder and then in the mirror. Seeing the road was clear of traffic he began to pull out slowly.
When he was threequarters of the way out of the space and by then positioned in the middle of the road, a car drives up very quickly behind him, beeps the horn and then without stopping tries to force his way around my son, stopping only when it becomes clear that he cannot pass. The result was that my sons front nearside wing hit the driver door.
The insurance company straight off says that without an independant witness then my son is at fault. This does not seem correct as my son was already in the middle of the road when the accident happened and the accident was caused by over aggressive driving from the other party. Can anyone help?

[jno]

if your son was in the middle of the road then the fact that he's pulling out of a parking space is irrelevant; the other car overtook him when there wasn't room. But if he was still pulling out of the space then it was his responsibility. I take it he was parked on the right side of the road and so wasn't sitting next to the carriageway himself? That could well affect his view.

[paraffin]

Hi richard:

Were you there or are you giving your son's account of what he's told you?

If it's his word against the other driver who it sounds as if had priority, then your son will be adjudged to have been at fault.

In the absence of any witnesses, especially independent ones, a judgement must be made by the insurance company on the balance of probabilities.

You will naturally choose to believe what your son tells you but, equally, the other driver will have a version of events which no doubt will be the opposite of your son's. And I expect he or she has told their nearest and dearest a similar tale casting your son in the role of the "villain". And that's the kind of basis upon which conclusions are reached.

Sorry to sound negative but there are always two sides to a story. Good luck.

[kchacksfield]

Sorry to disappoint you but the insurance company are correct. As your son was the emerging vehicle the onus would be on him to provide proof that he did not pull out into the other driver. Unfortunately, without witness evidence he is stuffed.