legal manoeuvre

[lexus777]

I am wondering who would be liable, last week; I was hit by a third party driver who reversed in to my driver side door while I was stationary week completing a 3 point turn.

The Third party was parked on yellow zig zag lines about 7 meters ahead of me, I was attempting to complete a 3 point turn so I could go back as the road ahead was blocked.

My car was at an angle , while she was parked ahead 7 meters ahead of me, while I was on an angle about to reverse I was checking my blind spot and all the observations one would do before reversing, and the next thing I know she reversed at speed straight in to my driver side door, I was stationary at the time.

My driver side door was pushed in and her driver side bumper was pushed in.

There were no other cars on the road at the time and she was a good 7 meters ahead of me, hence I deemed it safe to complete a 3 point turn.

When she reversed in to me she first admitted liability saying she reversed as she was looking at her child through the side mirror who was not going in to school and was still at the gates playing, she claimed she did not check her blind spot and just reversed in to me.

Later she changed her story claiming I was in the middle of an illegal manoeuvre in to a T junction, how ever I was stationary at the time of the collision. I feel she was reversing without care and due attention, and if there was a child behind her and not me I feel this may have been a very serious criminal incident and not a civil case which it is at this time.

I have 2 independent witnesses

So my questions are

Who is at fault
Or is it a 50/50
Are there are legal point of views to 3 point turns, even though one was stationary at the time of the collision

[factor-fiction]

I'm no expert but I would have thought that if she was reversing on a road she'd be at fault, regardless of what your manouvre was

[Barmaid]

Take photographs of damage to your car.

If she reversed into you, the damage will be a dent to the area of impact. If you were performing an illegal manoevre and she was stationary, I find it hard to see how you could have moved side on into the rear of her car - if this was the case, the damage would be scraping damage rather than a blunt impact type dent. Take photos of your car (her car if poss), the scene. Draw a diagram and write an extremely detailed statement immediately - take measurements too if you can.

If this goes to court (and on what you have said, I would not admit liability) cases are won and lost on the evidence. you will need more than your recollection (which will be dimmed after time). If you are the claimant, you have the burden of proof and so you need to make sure you can discharge that burden.

[lexus777]

Thanks barmaid, one can not determine what her she has told her insurance company or what her witnesses will say if she has any. she also took pictures of her car and at the scean, which i didnt.

However i have had a engineer came and look at the car and my claim advisors have also took pictures of the damage on the car.

I have already received an letter from her company saying it was my fault and i am liable for all the cost or repairs and her excess, of which of course I am disputing.

How is it possible for me to hit her when my driver side door is damaged and her rear driver side bumper is damaged?

[Barmaid]

This is what I mean. It's pretty difficult for you to move your car sideways into hers. The damage should be of assistance to you. YOu won't know exactly what she is saying unless it gets to issuing a claim and providing witness statements. V V important to get your evidence together NOW and not in 6 months when the insurance company ask for it.

[lexus777]

Barmaid you have some sound advice/experience,

Yes there is an large indent in my driver side door no scrapes, and an indent in her driver side bumper no scrapes.

My claim in the process through independent solicitors and my witness have been contacted.

I just hope that the 3 point turn does not count against me at which they are claiming it was an illegal 3 point turn.


Do you have legal experience?

[Barmaid]

A little.

Doesn't matter whether it was an illegal three point turn or not. You were there, you were stationary and your car was there to be seen. She was negligent in not looking behind her as she performed her manoevre. What if it had been a child in her path? Three point turns are not illegal if carried out with care.

[Skyline D]

A 3pt turn is part of the driving test last I looked! It certainly was when I sat mine. How can it then be an illegal manoeuvre? As long as it was safe to carry out the manoeuvre (which it apparently was when you started it from what you say) then I can't see any way in which it could be your fault that she reversed into you any more than it would be a tree's fault if she reversed into that!

I however don't have any legal experience in the area. Sorry.

[lexus777]

Thank you guys its been good advice, what get me is that people don�t have the moral standing these days, and change their mind and blame the other party, when it is blatantly obvious that it was them in the wrong. What sucks the most is that it will more than likely go to a 50 50 case as with most minor accidents which are disputed on the balance of evidence at the time. Such is the 'law' one has to lose confidence in the system when small case like this fall down. Just imagine how the guy who went to prison felt when he was wrongly convicted of murder and was sent to jail for 27 odd years. Law what law!!!!!