Accident caused after third party parked on yellow line - Please Help

[misscerb]

Hi Everyone,

 

I was wondering if anyone could assist me. My sister was involved in an accident where she collided with another vehicle in front of her, which she accepts liability of.

 

However during this collision a man claims that my sister (or the car she collided with) then collided with his car which was parked on the opposite side of the road, causing damage to his vehicle.

 

However his car was parked on a yellow line as he is a cab driver (and his cab office is located on this road) and now he is claiming a loss of earnings against my sister. I wanted to know if anyone could offer any legal advice about this. He should not have been parked there as it was during the day and is approximately 100 meters from a level crossing. Please help!! Thanking you in advance

[My Real Name]

Does you insurance provide legal assistance?

[misscerb]

My sister has legal assistance and the insurance company are dealing with it. However they can often be slow and I thought if I could provide some more evidence for them then it would push the case along.

[lamma]

was the taxi actually hit by one of the two other vehicles ?

[My Real Name]

I would be inclined not to bother, as it is pretty much out of you sister's hands. Answer any questions that the insurance company might have, and let them deal with it.

[misscerb]

My sister is only 18 and the accident only occurred within her first month of driving. Therefore she was fairly traumatised at the scene and is blurry with regards to the details. But she does recall the owner of the taxi approaching her for her contact details which she provided. All she can really remember is colliding with the car in front of her. She assumes that at some point one of these vehicles collided with the taxi.

[jed52]

My sister is only 18 and the accident only occurred within her first month of driving. Therefore she was fairly traumatised at the scene and is blurry with regards to the details. But she does recall the owner of the taxi approaching her for her contact details which she provided. All she can really remember is colliding with the car in front of her. She assumes that at some point one of these vehicles collided with the taxi.[/quot]

 

As far as I know;

If your sister only hit the car in front of her, she only has to deal with the person in that car. If the taxi driver was hit by the car that your sister hit, then his arguement is with them, not your sister.

Your sister needs to sit down and try to recall all the events and get them down on paper.

jed

[misscerb]

Well he is actually pursuing both of them as Defendants in this case. He was not in the vehicle at the time either.

[green_and_mean]

The fact that the car was on a yellow line is irelevant there are many reasons you can park on a SYL such as having a blue badge or loading so it doesn't mean you have to park there at your own risk or suddenly become uninsured.

[misscerb]

I thought that SYL were there for a reason though. And he was parked outside his taxi office. Therefore it wasnt for reasons of loading etc.

[saint-luco]

I thought that SYL were there for a reason though. And he was parked outside his taxi office. Therefore it wasnt for reasons of loading etc.

 

a syl means there is a stopping and parking restriction in force, there will be a sign giving the times of the restictions so the taxi may well have been legally parked

[JonCris]

Hi Everyone,

 

I was wondering if anyone could assist me. My sister was involved in an accident where she collided with another vehicle in front of her, which she accepts liability of.

 

However during this collision a man claims that my sister (or the car she collided with) then collided with his car which was parked on the opposite side of the road, causing damage to his vehicle.

 

However his car was parked on a yellow line as he is a cab driver (and his cab office is located on this road) and now he is claiming a loss of earnings against my sister. I wanted to know if anyone could offer any legal advice about this. He should not have been parked there as it was during the day and is approximately 100 meters from a level crossing. Please help!! Thanking you in advance

 

 

It doesn't matter. If the cab was there to be seen she's liable. Parking illegally, unlawfully or even badly does not mitigate your sisters liability..... sorry

[JonCris]

PS the cab driver should be claiming off the guy who hit him not your sister then it's for the other drivers insurance company to claim against your sister. It's not for the cab driver to decide who's liable also does that cab driver not have insurance who she should be dealing with. Of course the cabby is fully entitled to process his own claim but as I say it should be against the driver who hit him not your sister

[misscerb]

Thank you for your responses. I am an IP investigator by day, which is why I think I am trying to look at all avenues possible seeing if there is a way to take this case.

[green_and_mean]

I thought that SYL were there for a reason though. And he was parked outside his taxi office. Therefore it wasnt for reasons of loading etc.

 

Using that logic I could just go around smashing into everyone I saw parked on yellow lines without any consequences. Whilst you are correct they are there for a reason I'm sure your sister didn't check for a blue badge or signs of loading before ploughing into the other cars.

[misscerb]

That taxi driver was located on the other side of the road. She went into the car on her side of the road, which was moving in slow traffic. They then apparently hit his vehicle. She didnt just plough into parked vehicles. They also looked at his vehicle and didnt see any damage at the time.

[JonCris]

Using that logic I could just go around smashing into everyone I saw parked on yellow lines without any consequences. Whilst you are correct they are there for a reason I'm sure your sister didn't check for a blue badge or signs of loading before ploughing into the other cars.

 

 

Quite GM

 

On a lighter note is may be that the sister was not in fact responsible for the accident. It's my experience that often drivers in shock will admit fault at the scene yet investigation sometimes reveal they were not responsible at all.

 

I suggest the full accident circumstances need looked at

[green_and_mean]

That taxi driver was located on the other side of the road. She went into the car on her side of the road, which was moving in slow traffic. They then apparently hit his vehicle. She didnt just plough into parked vehicles. They also looked at his vehicle and didnt see any damage at the time.

 

I can't see why you are bothered she is obviously to blame and will lose no claims bonus if she hit 1 car or 2 cars or a Daewoo or Ferrari unless she is uninsured it won't affect her. If the cab driver wants to try it on with the insurance companies that is their problem.

[misscerb]

As JonCris has explained we dont even know whether the taxi driver was her fault. In regards to the initial accident my sister is at blame and definitely accepts liability for this. The No Claims have already been lost. She was just a little traumatised when she received a Claim Form from the taxi drivers solicitors, which was sent to our home address.

[JonCris]

Thank you for your responses. I am an IP investigator by day, which is why I think I am trying to look at all avenues possible seeing if there is a way to take this case.

 

 

If she has BTE legal cover then should you really become involved investigating without their consent

[misscerb]

I havent done anything other than post a message on this forum and make some enquiries at the Council about the yellow line. I would not attempt to contact the taxi driver or other Defendant. That is for the solicitors to do. I just wanted to get other opinions and views.

[JonCris]

Could I just mention that by admitting liability she could have invalidated her insurance ........... I'm not saying she has just that she might have ........ it depends on the view taken by her insurer If I where her I would not mention my admission they'll soon discover who was or was not liable

[JonCris]

I havent done anything other than post a message on this forum and make some enquiries at the Council about the yellow line. I would not attempt to contact the taxi driver or other Defendant. That is for the solicitors to do. I just wanted to get other opinions and views.

 

As has been stated the parking restrictions are irrelevant

[misscerb]

Really? She admitted liability about the girl whose vehicle she hit in front. However she didnt admit liability about this taxi driver to the insurance company. Would this invalidate her insurance.

[JonCris]

Doesn't matter I think if you read the policy terms it will expressly ask that you do not admit liability for the very reason I gave earlier Sometimes people admit liability when later investigation reveals they are not & to do so prejudices the insurers position