Who's at fault?

[downsy73]

Hi,

I was driniving to the local train station today, as I turned into the station there was a car parked on a box junction, this is on a blind spot so I had to act very quikly to brake to avoid hitting the car. There was no driver in the car so I felt I had to move soon before some one would come around the blind spot and rear end me, there are many buses coming around this bend, so I tried to go around the parked car in front of me, this put me on the wrond side of the road that was all so on a blind bend, I kept as close to the parked car as possible, incase a car came around the blind bend to avoid a head on colision, due to this I made contact witht he parked car this resulted in damage to both vehicles.

[Charlie911]

Can't be much damage can there? If there was nobody about I think you might have a hard time explaining how you actually came to hit the vehicle. (think about this!!!)
Now, IF, IF a car had come the other way quickly and you had to avoid a head on collision.... then insurance companies may look at it as no fault. But that didn't happen ....... did it? Sure?

[bednobs]

if you drove into a stationary car at low speeds i can't see how it can be anyone elses fault except yours.

[boxtops]

...but there could be mitigating circumstances as the other car was illegally parked in a dangerous place. This is an incident where I would have made sure to take photographs before I left the scene.

[dzug2]

If you could not proceed without hitting the parked (illegally or not) car then you should not have proceeded at all. Sorry no wayout of it.

[bednobs]

"mitigating circumstances" don't usually cut any ice with insurance companies though. if there was a car parked with no driver in the middle of the road, you can bet they haven't done it cause they thought it was a good place to park!

[twix123]

I think that this will be down to you and your insurers.
Did you find the owner of the illegally parked car and exchange details?
Were there any witnesses and, if so, did you get their details?
Did you take any photos of the scene?
Did any other vehicles come round the blind bends whilst this all happened?
You may be able to persuade your insurers to argue for a 50/50 settlement, but don't hold out any hopes!

[flip_flop]

Whether the car was parked illegally or not is irrelevant.

Its your fault.

[joko]

you passed too close to it.

i dont see how moving away from the car another foot or so would have caused an oncoming car to hit you...

being close to the car would not have prevented a collison