who's at fault

[flanclan]

I gave way to a car coming in the opposite direction on a residential street because of a car parked on my side of the road. Just before he passed me he shouted, beeped and waved along with his passenger to a pedestrian on the pavement who clearly was a friend of his. I waited for him to clear my car and then I started to pull out to go round the parked car, I hadn't moved far when I realised that the car I had let go suddenly stopped and started to reverse back, he didn't notice me until he hit me. He was clearly more interested in reversing back to speak to his friend the pedestrian than concentrate on the road. Who is at fault? He claims I am but he had cleared my car going in the opposite direction, he reversed back into me, no body could have anticipated he would do that.

[sarnieken]

He is at fault completely.

Where on your car did he hit?
Was he indicating that he was pulling in to park at all?
Even if he was, he is at fault and I hope you didn't admit to any fault

You were correct to let him through as, with the obstruction on your side of the road, he had right of way but if you stop and intend to reverse against the direction of traffic then you have to first look and see if anything is coming / in the way that you are likely to hit.

Were there any witnesses? Apart from the guy's friend I mean. I wouldn't trust him to be inpartial.

You were in the right all the way so don't worry. make sure you follow the necessary protocol though about notifying your insurance and possibly the police if necessary.

[flanclan]

Hi, thanks for the reply, he caught my drivers wheel hub cap and scuffed it and dragged the vauxhall badge off and damaged the wheel arch trim above, he has dinted the wing and dragged part of the plastic trim out, not sure if it is part of the bumper or just trim. He recons I drove into him, obviously that isn't correct, the corner of my bumper surely would have scuffs or damage of which there is none. Ihave reported it to my insurance company this morning, but I am very angry I saw red when he blamed me. Thanks again for your help.

[flanclan]

Oh and just to add he definately was not going to park because the street it all happened on is where I Iive and he doesn't live there, he just wanted to pull back to chat to his friend. His friend who is a neighbour of mine has admitted to his mother when he went in doors that his friend was in the wrong but I don't think he would come forward as a witness. The other witnesses were children playing in the street who wouldn't have a clue.

[sarnieken]

If the damage is to the side of your vehicle then you shouldn't have any probs claiming his fault.

Did you take pictures of the damage?
If not, do so as he may try to claim that your damage wasn't caused by the incident.

Good luck with it all. Try not to see red though. :)

[Toureman]

Just to confirm sarnieken's answer I completely agree with what he said.

[flanclan]

The damage was not at the corner of the car or the front but at the side all near the wheel because I was just in the process of pulling out, he even took the badge of my hub cap. I don't know how he will explain away that damage if I am supposed to have gone into him. Thanks again for all your help I am glad I found this site.

[sarnieken]

Yep, there are some good people on this site.

Keep us posted on how it goes.
Good luck.
K

P.s. thanks toureman. :-)

[flanclan]

Sure will thanks.