Ask an expert

In October someone reversed out of an angle carpark into me while I was driving along the road.

My insurance company have taken this to a Disputes Tribunal hearing as they are unable to get the other driver to accept liability. They have repaid me my excess so at this point I feel I am being treated well by them.

However, I would like to go the hearing prepared as the other driver does not deserve to win as he came across as an arrogant and nasty person at the time of the accident!

It seems pretty clear to me that he was in the wrong but he's arguing that I was either speeding or distracted by my children. Neither is true. I have 20 years driving experience, with nearly 7 years experience driving with kids.

The only damage to his vehicle was a smashed rear tail light and the damage on my car was restricted to a front side panel.

Any suggestions on what will make my case stronger?

I understand that anyone who backs into anyone else (particularly when the other person is driving along the road at the time) would be automatically held liable - but is this actually true?

Is there any way of proving I wasn't speeding without witnesses?

Anonymous

From the "Ask Jack" archives - 14 December 2009

My best advice is to simply 'tell it the way it was' from your point of view.

Often it's hard for people to change their personalities and if the person who reversed out of the carpark came across as being aggressive at the time of the accident then that same personality may well surface again during the hearing.

Reversing out of some carparks, particularly onto a main road, can be very tricky and I think we have all felt a little nervous at times when doing so because of the risks involved. In some ways you feel sorry for people who do have an accident in these circumstances but at the end of the day we have to take responsibility for our actions.

I cannot determine the outcome of a hearing and remember I am only getting one side of the story in relation to how this accident happened.

I'm sure the adjudicator will ask the right questions and ultimately come up with the correct ruling.

As I said at the start, simply tell the truth in a very clear and unemotional way.

Hi, I have a very similar situation. Did you manage to find out who was at fault in this case?

Any suggestions on what will make my case stronger? yes, "google" the street map where the incident happened and print it out (that is the colour , street version), then copy a map and draw in the positions of the vehicles and show directions (ie backing out with arrow and your direction), I would ignore any comment about speeding or distractions as it is obviously the offenders intention to "flame" the issue, go prepared and write your own statement so you can present that to the adjudicator and make at least 4 copies of your "google" street view and your map showing what happened and introduce that material when you speak (ie one to the adjudicator and one to the other motorist involved etc, be polite and respectful.