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    • http://www.hadefpartners.com/News/333/Limitation-periods-in-the-United-Arab-Emirates   One of the key limitation periods to be aware of is the limitation period for a claim for breach of contract. We have been approached by many clients (including in-house counsel at large multinational and local companies, and even international law firms) who believe that the limitation period for a breach of contract (including a commercial contract) in the UAE is 15 years. What they are often not aware of is that the limitation period for commercial contracts (as set out in Federal Law 18 of 1993 (the “Commercial Code”)) is usually 10 years. Therefore, multi-million dollar claims dating back over more than 10 years may now be time-barred.   https://www.jstor.org/stable/3381662?seq=1#page_scan_tab_contents
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HP Mum

illegally parked van/ hit - who's liable?

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Vehicle was hit today.

Really annoying.

 

A supermarket van had illegally parked on double yellow lines to deliver its crate of food.

The lines were on a main road to the corner of a small street.

 

My car came out of the small street very slowly - like 1-2mph.   

The main road had a build up of traffic. 

The large van had blocked any ability to see to the left and if any traffic was coming from the left.   

So I just had to drive super slow.

 

As my car started to edge left into the main road a car came fast from the left (on the opposite side of the road - but it was over the centre line) 

My car stopped to avoid the fast car - which was fine; nothing happened.  But all of a sudden my car and the van were "attached".

I don't know how it really happened.

 

As I was turning I had had enough space to turn without hitting the van; yet suddenly the rear square-end (and sharp) bumper of the van was embedded in the passenger side of my car.

No damage at all to the van.   

But the van took a gouge out of the car - at the joint of the passenger door and rear side panel.

 

The only possible explanation is that the van started to reverse across the exit of the small road at the same time as I was exiting and the driver just didn't see my car. 

This is the only way the two can have hit. 

I have good spatial awareness and I would not have misjudged the space.

No-one was hurt; the van is fine; my car needs to be mended.

 

So where does the guilt lie?  

 

The van parked illegally on double yellow lines obstructing line of vision and vehicle safe exit from a road? 

The van reversing without looking?   

Or mine?   

The driver immediately said I was to blame.

 

I took photos of the van reg and how it was parked.

It was minor but I was stressed and a bit emotional as it is the first "accident" I have had...   

I didn't take the driver's details nor did I give mine.

The driver asked me to delete the photos.  I refused. Then I drove off.

 

Shall I get a quote for the repairs?   

Is it worth contacting the insurance?   

Will they apportion the blame?   

I've never made a car insurance claim.

 

 

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Posted (edited)

A number of potential issues.

 

A) if the van driver says you turned into the back of their van, how will you show they reversed into you?

There may be dashcam footage : it could show if they reversed at all.

 

B) Why would you NOT exchange details?

if the driver claims they asked you for details and you then drove off, how would you show that you were never asked.

 

Report the incident to the police. Report the incident to your insurers. That way you reduce the risk to you, making it more likely the worst that can happen is your premium rises.

 

Do you have a dashcam? Save any footage  if you do.

Edited by BazzaS

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Posted (edited)

It's not illegal to park on double yellow lines for a while when loading or unloading. Also, there is another possibility apart from the van reversing, you turned too sharply and clipped the van.

Edited by Will Goodfellow

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22  Leaving vehicles in dangerous positions.

If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to [F1involve a danger of injury] to other persons using the road, he is guilty of an offence.

 

The van half-parked in a residents parking bay - which as per the Highway Code, is not allowed.  And half-parked on double yellow lines. The Highway Code also says: Double yellow lines indicate a prohibition of waiting at any time even if there are no upright signs.

 

It seems the van driver was guilty of an offence...

As to did I turn too sharp and clip... well van/ car did connect.  Did the driver reverse?  or did I in the car misjudge the turn?  I honestly don't know.  All I do know is that I was fully aware of the space - and there being enough space to carefully and slowly turn left - and yet suddenly there was no space and my car was touching his van...

 

 

 

 

 

 

 

 

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Dashcam, dashcam, dashcam.

Whenever everyone installs a dashcam, it will be too late.

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:-(

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There is case law on this, you were in control of the moving vehicle so it will be your fault,regardless of the parking on DYL's.  Your supposition about a the van deciding to reverse into you at the exact time you were driving into him wont wash. Damage done to his reversing lights might have proved otherwise. If yu want to quote all of the bits of traffic law you have picked out all you will do is drop yourself in it for driving without due care and attention toward other road users so just breathe out, relax and pay for your repairs and dont tell your insurer as your premiums will rocket

 

As already said, you can park on them to unload unles it is specifically prohibited

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If you don’t tell your insurer and the delivery company do, you can invalidate your next insurance renewal unless you declare it then.

if you are planning on declaring it then : may as well declare it now!.

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ok   thanks

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the delivery co arent going to do anything because their diver left the scene without exchanging details and will get clobbered for a criminal offence of failing to do so.

What I would do is sit on my hands and see if they make contact with you, if they do you go along with it, if they dont then there is nothing to report unless you want to claim on your own insurance

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Unless their driver “gets the retaliation in first”.

 

”I went to speak to her after she hit the van.

I told her she had hit my van. She seemed quite aggressive : then she started taking photos. I thought that’d mean she was wanting to exchange details but then she got in her car & drove off (her driving off whilst I was stationary is there to see on my dashcam......)”

 

Road Traffic Act 1988 s 170 (2)

2 things are key :

1) was there any damage (even minor / to the bumper) of their van

2) Have they reported it to the police (which you won’t know until you get asked “they notified it within 24 hours, why didn’t you?”

 

only way to be sure you are on safe ground : notify the police & your insurers.

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You will be relying on their driver

a) believing they are at fault, (otherwise, what have they got to lose if their dashcam shows they weren’t moving, or if “the dashcam was off, so I must have had the ignition off, it shows the time I stopped, and the time the ignition was restarted after”) and ALSO

b) hoping you won’t contact the company.

 

Even if it was their fault, they are less likely to face a disciplinary for telling the company than not, in case you contact the company. So likelihood they’ll have told their company. 

 

Once the company are involved, you can bet the police will be informed there was an accident & details weren’t exchanged.

 

Hence my conclusion of “only way to be sure you are on safe ground : notify the police & your insurers”.

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