Met with a Small Accident.


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I originally came here discussing this http://www.theautomotiveindia.com/f...g-sense/16374-met-accident-quite-serious.html . But not I am glad to say this issue is resolved.

I know some of you must be thinking I'm a bad driver and quite a few said I should get a driver because driving in India is "not easy" implying that I don't have driving skills. (Although people from developed countries would disagree and say that driving without following the rules as many do in India is due to a lack of driving skills and to be skilled is to follow the rules). Anyway since that thread previously I have not had any major incidents and have had only 2 collisions in addition to those mentioned in my old thread. One was a long time back and one just yesterday.

The 1st one, I failed to brake in time and hit a car that had just turned in front of me. This is settled now and it was a very small collision.

Yesterday, I was driving and wanted to turn into the left most lane from a center lane. At the side of the road there were parked cars (at a 45 degree angle to the road). I checked for traffic and found it clear and turned in the lane. However as soon as I turned in, there was a car reversing backwards from the parking into the lane right in front of my car. I hit the back corner of the car and the car got pushed forward into another parked car.

Considering that my car was completely in the lane at the instant of impact and the other guy's car was not (it was partially in the parking), whose fault is it? The driver of the completely parked car that was stationary said she believed that the guy who was reversing was at fault. But the guy reversing says its my fault. Advice please? Is it better to pay for damage or go through insurance.
 
Thread Starter #2
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Any opinions on fault. I think its better to go with insurance anyway. I was completely in the lane before impact and had entered the lane maybe 5 seconds before the collision.
 
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It depends how much is damage.
On my car the damage comes to Rs 10500. The other cars I am not sure, but I would estimate the middle car revering might be 15000 and the stationary car maybe just 3000.

How does the fault lie in this accident. I do not expect to pay for other cars.
 
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@OP

My humble request. I am no expert driver, but better safe than sorry. Think like this, roads are filled with a lot of idiots and it is our responsibility to follow the law and be careful while doing so. I am not telling you are a bad driver, but you have to more careful while on road.
 
Thread Starter #6
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@OP

My humble request. I am no expert driver, but better safe than sorry. Think like this, roads are filled with a lot of idiots and it is our responsibility to follow the law and be careful while doing so. I am not telling you are a bad driver, but you have to more careful while on road.
I am trying to be as careful as possible these days. But do you think this accident was my fault then? Isn't it supposed to be the person reversing who is supposed to check. Don't I have the right of way here?
 
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if you have got the guts don't pay any thing for the damages to the other cars. just argue that its not your fault and see what happens.
 
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if you have got the guts don't pay any thing for the damages to the other cars. just argue that its not your fault and see what happens.
It would be unfair if no one paid the stationary car driver though. If its my fault I'd probably prefer to pay. But everyone agreed the car reversing was at fault except for that driver himself.

If I know for sure I have no fault in this I'm not paying.
 
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It is definitely the reversing driver's fault. But that doesn't mean the accident couldn't have been avoided. You had the right of way as he was the one merging into your lane. If he was being careless, he should pay the damages.

Of course, he most likely would continue to deny liability and not pay a thing. So stick to the insurance.

May I know the details of the damage to your vehicle?
 
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It is definitely the reversing driver's fault. But that doesn't mean the accident couldn't have been avoided. You had the right of way as he was the one merging into your lane. If he was being careless, he should pay the damages.

Of course, he most likely would continue to deny liability and not pay a thing. So stick to the insurance.

May I know the details of the damage to your vehicle?
Thanks. The damage to my vehicle is on the front corner and center. It would cost about Rs 10 000 to fix.

He claims I am at fault as he had already started reversing in the lane before I turned in. However he had not yet straightened his car. He reversed quite far back and I turned in the lane as I had not noticed him there and had only looked back to see if its clear. Just as he stopped (diagonally) and just started preparing to turn forwards and align his car with the lane I hit him at the back.

However his car was not completely in the lane yet and mine was.
 
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I am trying to be as careful as possible these days. But do you think this accident was my fault then? Isn't it supposed to be the person reversing who is supposed to check. Don't I have the right of way here?
I am not here to vouch for the other driver. All i trying to explain was, the guy you just mentioned, he is just one of an example. There are more people out there like him and be prepared for that, if you are driving in this country.

And finally, yes, of course it is that guy's fault, and don't even listen to him. Just stick with original story and don't pay him anything.
 
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The way everyone said to get a 'driver' is because the road users are different from that you see in other countries. They do not follow rules in India (If someone wants to, others wont allow it). Here we can not educate each and every one. Even if you drive correctly, they will come and hit you and say 'it is your fault'.

Be little more watchful in India. Even though it is not your mistake, your are not able to use the car for few days right? You have all these mental tensions around. So, why worry. If they are urgent, let them go ahead of you - Give way. If someone comes and park the place where you were about to park, let him/her park and find a different place to park. Not because it is not your right. Just to avoid these kind of accident.

As some one said - 'roads are full of idiots. They may do what ever they want to do'. We can not teach them as they may be doing the same for years. Be careful than be sorry.

Have a safe and joyful driving.
 
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An accident never happens by a single person.. I always believe both parties are at fault.
In your case you need to admit you didnt see the car reversing and the car reversing didnt see you. Or you both saw each other and expected the other to take action. So both are at fault. The stationary parked car is the victim.

Thats ownership part. Coming down to settlement / payment part. If your insurances take care of this, go ahead with it and move on. But if car is old / depreciated insurance, then you need to sit and analyse your finances. If the parked car owner wants both of you to pay, you should pay half each.
 
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Thanks. The damage to my vehicle is on the front corner and center. It would cost about Rs 10 000 to fix.

He claims I am at fault as he had already started reversing in the lane before I turned in. However he had not yet straightened his car. He reversed quite far back and I turned in the lane as I had not noticed him there and had only looked back to see if its clear. Just as he stopped (diagonally) and just started preparing to turn forwards and align his car with the lane I hit him at the back.

However his car was not completely in the lane yet and mine was.
According to this recent description of yours,if he had already started reversing and was in the lane (though not completely) how come you did not notice him.
If you still didn't notice, I have to say its your fault.
 

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