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accident liability while reversing

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My husbandreversed out of a parking bay at an Esso Petrol station after checking it was safe to do so. A car had been stationary when he checked but started to advance towards him while he was reversing. Hefailed to notice that the other car was now coming towards him because he had his head turned.

The insuranceis adamant that he has sole liability for the accident because he was reversing. They said the ’onus of care’ is on the reversing driver and therefore he is liable for the accident.

He reversedbecause the other car was NOT moving and surely cannot be held responsible foran accident, simply based on the direction the car was moving!

 

Could youplease advise how we can achieve a 50/50 liability or if the other party is infact liable.

Is there any point in requesting CCTV footage from the petrol station to show what really happened?

 

Hope someone knows how to proceed. many thanks for your feedback

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Unless the accident was very recent, CCTV footage is most unlikely to be still available.

 

What are you trying to achieve with a 50/50 settlement? Do you want to claim from the other driver for anything?


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hello there.

 

I'll move this to the insurance forum at CAG, you should get some answers there.

 

My best, HB


Illegitimi non carborundum

 

 

 

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When you say stationary, just to clarify, paused, or in a parked position? If just stationary, then it's going o be very hard to fight as right of way belonged to them. If they pulled out from the kerbside, then right of way belongs to either and then it's a 50/50.

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