Who's fault is it?

[brett361975]

In a hospital car park I was crossing an unmarked juntion, I had stopped and looked left before emerging. I was 3/4 of the way accross the junction when I was hit in the side of my car by another vehicle. I was clearly already on the junction before the other vehicle hit me. The other driver is saying in is knock for knock but firstly I never hit him, he clearly never saw me.
He hit my car so hard it slid 90 degrees.
The car park is owned by Chester hospital and is pay and display.
what can I do to prove my case so this does not go as knock for knock.
Any help much appreciated. Thank you

[R1Geezer]

Can you clarify, was the whole thing in the hospital car park? Where you emerging into the public highway? if so where there Give way lines painted accross the exit from the hospital? (dotted line) Where you turning right? Did the car hit you in the drivers side?

[brett361975]

All in the hospital car park, It was basically a cross roads, I was going straight on, I stopped for the unmarked junction it was clear so i made my way accross. The other car was going accross the crosss roads the other way. I was three quaters accross when he ploughed into the side of my car.
If its an unmarked junction I realise no one has right of way but he never even slowed down. The garage has said my car is a write off as he has hit me so hard. He hit the rear of the passenger side door and rear door. I never hit him. sadly no road markings at all.
Thank you

[R1Geezer]

OK so this is in the actual hospital car park, not on the highway. Generally there is no such thing as "Right of way" the general rule is one of telling people when to give way. As this is a hospital car park, it can be treated like a supermarket car park. Where you following he arrows? Normaly they mark the ends of turnings with appropriate markings. Can you go to Google maps and cut the link and show me the exact place where this occurred. This is not a knock for Knock scenario, usually in these cases someone is ignoring the layout of the car park that someone is the one at fault if you show me where I can tell you who is at fault.

[brett361975]

http://i339.photobucket.com/albums/n444/brett3 61975/countess.jpg

has this image worked of photbucket? its the only way I can get the image on here

[brett361975]

Im heading on the main straight, he has come from the road on the left and hit me, hope this helps

[R1Geezer]

ok thanks, can you confirm the actual contact on your car, from what you say you where heading towads the zebra crossing bit on the left hand lane of the main road, the road comming fom the bottom right of he picture, is that correct? he seems to have crossed the give way line, where is the impact on your car, it's 100% his fault if it's either the front or your passenger side. There are no knock for knock opportunities here if I understand you correctly. The main indicator in your favour is the give way line at the entrance from the car park. There may be a slight doubt becuase the give way line is set back but it is correct as the proximity of the crossing effects the layout here. I;m sorry to be fussy but I think you are probably clear but I want to make sure.

[TWR]

Only thing I can add to this, Is there any CCTVs in that area ? If so get the footage if possible & be quick.

[Quesadilla]

Bad luck there Brett. I hope you didn't admit anything or even say sorry.
If you were coming up to the junction of the car park entrance and he was coming out of the car park and did not give way, you are not at fault. you are on a thoroughfare he was not, you have right of way even when not on the public highway.

[brett361975]

Sorry bit of confusion here. I was in the car park. If you look at the car park picture it looks like a big letter H. I was travelling up the right hand side of the H from the bottom of the picture to the top. Where the cross line of a H is was where the other driver was crossing. I stopped and looked left, it was clear, I got three quaters of the way accross and he hit me with such force that the car span 90 degrees to the left, so clearly he never stopped for the unmarked junction. Hope this clarrifies my position.
Thanks Brett

[brett361975]

I was in the car park and not on the marked road.

Thank you

[TheGrump]

Why didn't you look to the right aswell? If the car park is unmarked then common sense would tell me to look every way possible.

[brett361975]

because the right is the exit !!!!! you can only go out that way not in, so any vehicles from the right would have been going away from me. and I did look ! I said I looked left because that is the direction the vehicle came from that hit me. So thanks for your completly unhelpful comment.

[TheGrump]

So now you tell us that it is a car park with separate in and outs? That clarifies the situation a little.
All I (and others) had to go on was an aireal photograph of part of a car park, so I assumed that the entrance/exit pictured is in fact an entrance/exit. I therefore stand by what i posted before.
However, if as I assume, this car park has separate entrances and exits, and you were going towards the exit pictured, then I would say that the other driver is at fault.
You have stated that he hit you rear end passenger side, therefore you were well in to the junction before the collision, and he shold have been able to stop.
If he hit you that hard that he spun you car around, and caused it to be a write off, he must have bbeen going some considerable speed, not appropriate to the car park.

Hopefully this is of help to you now.

I try to be helpful, but if you do not post all of the facts, then how can you accuse others of not trying to help. Thanks.

[brett361975]

Grumpy, your right, please accept my appologies and thank you for your advice.
Regards
Brett

[TheGrump]

Apology accepted, and thank you.
Now all you have to do is prove this other driver is a prat.

And incidentally, if he hit your left side, that implies you were on his right. I thought we gave way to the right in this country????