Whose fault is this?

Hooblue

Following on from my "Is this fixable?" thread, I'm now in discussion with the other party in the small accident that my wife had as to who is going to pay for the damage to her car.

I've got a few quotes for the damage on my wifes car and I'm getting that fixed on Friday.  However the other woman involved has said she wants us to pay for the damage to her car also.  She has sent us some CCTV footage of the accident taken from her drive, so I just wanted others opinion on to whose fault it is.  

Although not clear cut, I have a feeling it was my wifes, although you could argue that it was partially her's also for continuing to reverse when my wife was clearly already on the road.

Her car is the red Nissan Juke and my wife is reversing out in the Landrover.  

What do you think?

Qactuar

Who was on the road first?

Hooblue

My wife was physically on the road first.  The other lady has to go over a grass verge and then the pavement to get the road, so by the time my wife was on the road the other lady was still crossing the grass verge part of her drive.

Qactuar

Suspect insurers will go split, but legally, I believe priority is given to whomever is on the actual road first.

IronGiant

Tricky one, as it does look as if she paused briefly and your wife reversed into her. But she also reversed into the path you wife was taking.  As I understood it you wanted to avoid insurance? If she insists it was your fault then I'd suggest that you "will need to go through insurance" (where I would imagine it will go 50:50)

John7

Both - for reversing into the road.

Hooblue

Yeah, I'd like to avoid insurance if possible as the damage to my car is only going to cost £100 or so to fix, so not worth it given the policy excess.

She's just text my wife with a quote on fixing her car...£673.20.  Obviously I'd like her to get some further quotes before accepting this, but she says she can't do that this week.

Assuming the cost of the repairs to her car are going to be around that kind of figure, the next question is do I accept that it was my wife's fault and agree to pay it, or try to argue that they were jointly to blame and split the cost?

If I spoke to my insurance company would they be able to advise on what the possible outcome of any claim would be, especially given the video?  Or would I have to go through the full claims process in order to get a decision?

Drd

I would say it's 50/50, but it's incredible neither of them saw each other or were warned by sensors. Perhaps they were both concentrating on and distracted by the passing cyclist and car? I'm not sure being on the road first would give you any specific rights, if that was the case their would be many strange situations where the innocent party may be deemed at fault, for example your neighbour could have seen your wife and stopped a few inches over the kerb and your wife could ram her because she 'was on the road first'.

Insurance companies have a strange idea of what 50/50 means. A few years ago my daughter was indicating a right turn, slowed down for the junction and then got clipped by a car overtaking her as she turned. There was a witness who stated she was indicating, but the insurance companies said it was 50/50!

Qactuar

What's your excess?

Hooblue

£350

I phoned my insurance company to notify them of the situation and they advised that she needs to do the same.  Given the fact the cost of repairing my care is less than my excess, they said to just go and get the work done if I like.  Then her insurance company can deal with things from her side and contact them if they feel that there is a question over liability.  He said the chances are that a decision of joint fault would be given as it usually is when two cars reverse into each other.