......unfortunate day...

[Redrum]

I had a shunt in my car earlier, I was in a supermarket carpark, I was approaching a zebra crossing and had to do an emergency stop as a woman on her mobile didnt look and stepped onto the crossing, then I heard a crunch, another drive approaching me from the opposite direction had turned into a siding and straight into my driver's side rear....he said it was my fault for slamming on my brakes, how is it determined who is at fault ? It was dark,..from a quick inspection it looks just cosmetic damage on my car....I was in effect stationary....I have a witness who said the other driver cut the corner and hit me....

[dotty.]

I think you should visit the car park in daylight and get photos of the directional markings near the accident.
If you were stationary because of an emergency stop, and he hit you after you applied your breaks he was drivin too fast to react and so he's at fault IMO.

[DTCwordfan]

His - especially re the damage and the witness..... folk stepping suddenly onto a zebra and not looking are a failry common occurrence and you had to react. He should have left more space between him and you. The old adage of always maje sure at low speeds that you can easily see the bottom of the wheels of the car in front of you ......to give space to react to a situation in front of you - or if you were hit from behind to give you some space to avoid a further sandwiching.

[DTCwordfan]

yes the photos thing is a very good idea and a tape for measuring distances and draw a wee 'map' of the scene.

[joko]

yes his fault...you are entitled to stop your vehicle whenever necessary.

he pulled out when his way was not clear - totally his fault...he should be driving in a manner to expect the unexpected and with his eyes open...not pre-empting other drivers movements

[boxtops]

When I worked in insurance, there was always a rule of thumb that said that the person who strikes you from the rear was always at fault. Nobody should be driving so close to someone else that they can't do an emergency stop. My boss always used to recommend (and I still do) that you write it all down now while it's all fresh in your mind, make some sketches, then report it to your insurance company - then if the other guy tries pushing for a claim against you, just refer him straight to them. It what you pay them for - but make the notes now while you can remember exactly what happened, so there is no doubt in your mind in a few weeks' time. You did right to stop, the analogy is that it could have been a tiny child running out in front of you, not a woman who should have known better, but that is neither here nor there - you stopped, he didn't.

[Redrum]

Thank you for your answers so far, the other driver coming towards me on RH side had driven over the zebra crossing and must have turned into the siding, thus hitting me when I braked, he overshot the corner according to the witness so he caught my back end...regardless of if I had braked suddenly or not, I still think he would have crunched my back end...someone also told me that insurance wont pay out cos it was in a supermarket car park, Im worried now,,..

[Redrum]

I was always told that when I was learning to drive DTcrosswordfan, that you should always be able to see the bottom of the wheels of the car in front ....

[dotty.]

If there are lines on the carpark I believe that your insurance is valid, I read that on here at some point

[Answerprancer]

"the person who strikes you from the rear was always at fault"
I second that from bitter experience: I have both hit someone from behind and BEEN hit from behind.

[R1Geezer]

100% his fault, don't budge, don't play Insurance co games either. If he's turning right he must ensure the way is clear, end of. Don't even call your own insurer, get his and pursue.

[waynee2001]

put a claim in for whiplash