obstruction on drop kerb with a white line

[furiousfrank]

I was parked in the car park (which was full) of my local health centre I reversed out of my space and drove forward to find most of the exit blocked by a large BOC lorry with tail lift down, the driver was inside delivering I might add two oxygen bottles no larger than 1ltr coke bottles. There was just enough space for me to get out on the right hand side and with three cars indicating to come in from the main road, I exited and turned left around the lorry with lowered taillift which gouged a big hole in the side of my car! my insurance company says I am the one at fault. would the health and safety executive have something to say?

[weeal]

did you try to squish through a tight space instead of waiting for the lorry to move?

[bednobs]

i dont think the HSE would be at all interested i'm afraid, your insurance company is right, you drove into the taillift and therefore you are at fault. If there wasn't enough space for you, you had the choice to wait, or even speak to the driver of the lorry

[Ethel]

You are at fault - trying to get through a too small gap.

[gonzo00]

yes mate,you are at fault..driving into a parked vehicle..in fact you would be responsible for any damages to the lorry too.
ps.hi weeal! ;0)

[weeal]

hi Gonzo, you keep coming and going

lol Ooooeerrr missus

[gonzo00]

lol..more going than coming sadly! ;0)

[furiousfrank]

I did'nt say the say the gap was tight, to small or not enough room. It is a large drop kerb when it's not obstructed, room normally for cars to go in and out at the same time my issue is his obstruction of a white line

[Rollo]

But the gap was too small because you could not get through it without gouging your vehicle.

Whether or not the lorry was "parked" correctly is irrelevant to the situation.

[New Judge]

�I exited and turned left around the lorry with lowered taillift which gouged a big hole in the side of my car!�

Er...not quite correct, frank. The taillift did not do the gouging. From your description it was the motion of your vehicle which did so. It seems you misjudged the space available and collided with the lorry. As rollo says, whether the lorry was parked improperly, impractically or illegally is not relevant. You cannot collide with stationary vehicles and then suggest they are at fault.

[TWR]

With respect Frank, the driver was working & delivering 2 bottles, that would have taken him less than 20 mins, need I say anymore?

[Twenty20]

It's always someone else's fault isn't it?