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Macgwire

My 19yo son used one of our vehicles that he is not insured to drive in and whilst backing out of a car space at a shopping mall struck a passing vehicle; a courier van. The other drivers insurance company is seeking reimbursement for the damage to the vehicle, and also the costs for hire of a replacement van for the period the courier van was being repaired.
Being the reversing driver, is he automatically held responsible or could speed of the van be a factor (states he looked as reversing then felt impact)? Also, can you tell me if he is liable for both the repair costs, and hireage costs?
Thanks in advance.

ABayliss

It's a popular misconception that the reversing driver is always the one deemed to be at fault. However, the circumstances in this situation would seem to indicate that your son is at fault as a vehicle reversing out into the traffic flow (in this case, a carpark thoroughfare) must only do so if the way is clear.
As the courier driver presumably has insurance to cover the cost of a vehicle while his vehicle is off the road - which would be reasonable given that the vehicle is used in his line of business - any third party that the insurance company seeks reimbursement from will also be liable for these costs. Unfortunately, as your son is uninsured, he is the party being claimed against.
Accordingly, at face value, it would appear that your son is liable for all the costs.
If you wish to dispute this, you can have the case heard by the Disputes Tribunal.