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minor accident happened, question of responsibility

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  • 21-07-2007 11:48am
    #1
    Registered Users Posts: 69 ✭✭


    yesterday this happened...
    My boyfriend's sister in her car rear ended my sister's boyfriend's van! (they don't know each other, just a small world!)

    he was reversing at the time.
    Who is responsible in this situation?

    I know normally its the person behind who runs into the person in front, but if the person in front is reversing, Is it different?

    can't seem to find any information anywhere about this.
    Thanks


Comments

  • Registered Users Posts: 4,683 ✭✭✭daveg


    I'd say the person reversing. Need more info on exactly what happened though.


  • Registered Users Posts: 69 ✭✭eefy


    I don't know exactly how it happened as its 2nd hand information to me
    but I think this is what happened

    It was on a smallish country road he missed his left turn, he stopped and
    started reversing, she came up behind him skidded a bit and the car cut out, he then reversed into her.


  • Registered Users Posts: 4,089 ✭✭✭bennyx_o


    Something like this happened me when someone reversed into me and the insurance company said the responsibility is with the person reversing.


  • Registered Users Posts: 69 ✭✭eefy


    bennyx_o wrote:
    Something like this happened me when someone reversed into me and the insurance company said the responsibility is with the person reversing.

    cool, thanks for that

    I was hoping that was the case!


  • Registered Users Posts: 7,659 ✭✭✭maidhc


    eefy wrote:
    I know normally its the person behind who runs into the person in front, but if the person in front is reversing, Is it different?

    I'd say both were wrong. Each pay for their own damage and go their merry way.


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  • Registered Users Posts: 22,815 ✭✭✭✭Anan1


    maidhc wrote:
    I'd say both were wrong. Each pay for their own damage and go their merry way.
    I would have thought that, if the car behind was stationary, fault would lie with the car in front.


  • Registered Users Posts: 4,616 ✭✭✭milltown


    eefy wrote:
    he then reversed into her.

    That bit suggests to me that she had come to a stop. If that's the case the guy reversing needs to get his chequebook out.


  • Closed Accounts Posts: 828 ✭✭✭SoBe


    looks like a her word against his case,possible outcome would be 50/50


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    As a rule the person who is reversing is obliged to yield to all other traffic, so on the face of it he's at fault.
    Your post also suggests that she was stopped, which pretty much confirms that he is completely at fault. He pretty much didn't bother even looking behind him. There'd be a charge of dangerous driving popping his way if the Gardai had seen him :)


  • Registered Users Posts: 7,659 ✭✭✭maidhc


    seamus wrote:
    As a rule the person who is reversing is obliged to yield to all other traffic, so on the face of it he's at fault.

    If both vehicles were moving then it isn't so obvious.


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  • Registered Users Posts: 1,033 ✭✭✭Mc-BigE


    was there any witnesses to prove she was stopped before the accident?
    if not, the van driver could say in court that he was stopped and she hit him.

    Has either part admitted responsibly at the time of crash?

    were the gardai called?

    if not, its her word against his in a court


  • Subscribers Posts: 16,586 ✭✭✭✭copacetic


    maidhc wrote:
    If both vehicles were moving then it isn't so obvious.

    well he said above that she had cut out and he then reversed into her so not sure why you think both cars were moving?


  • Registered Users Posts: 4,184 ✭✭✭Fey!


    eefy wrote:
    cool, thanks for that

    I was hoping that was the case!

    Sounds like you prefer your boyfriends' sister to your sisters' boyfriend! :D

    If a car is hit whilst stationary, then the fault lies with the driver of the moving vehicle.

    However, if it's one against the other with no witnesses, then it could go 50/50, or her at fault if he lies his rear end off.

    Do they realise that they have a party in common? Might be best to keep your head down and out of the firing line.


  • Registered Users Posts: 69 ✭✭eefy


    Fey! wrote:
    Sounds like you prefer your boyfriends' sister to your sisters' boyfriend! :D

    If a car is hit whilst stationary, then the fault lies with the driver of the moving vehicle.

    However, if it's one against the other with no witnesses, then it could go 50/50, or her at fault if he lies his rear end off.

    Do they realise that they have a party in common? Might be best to keep your head down and out of the firing line.

    Yeah I do prefer her!
    They do know they have a party in common, My sister rang to tell me about it.

    I'm just keeping out of it, but I think it will be fine anyway,
    neither wants to go through their insurance company,
    there wasn't much damage to either vehicle.

    It just brought up the question of who's right and who's wrong as it seemed to be a bit of a grey area,
    cheers for the replies everyone


  • Registered Users Posts: 73,454 ✭✭✭✭colm_mcm


    I'd say anyone reversing back into a junction would be wrong.


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