Information wanted on crash liability.

[Marz]

Hey guys,

I have a question regarding liability in a small fender bender.

Basically, my mum was pulling out of a parking space (90 degrees to the curb), just as she had finished reversing and was about to put the car into D, the ute that was parked next to her with a trailer started reversing and backed his trailer into the rear three quarter of my mums CRV's bumper. This ended up tearing a gash in the plastic bumper.

The guy immediately got out apologized and admitted fault right away. He's a rural fuel delivery guy and it was a work ute, so he rang his manager who was nearby and asked him to come to the scene. They both apologized for the incident and offered to pay for the repairs to my mums bumper.

Now, all this happened to take place almost right outside a local mechanic's workshop who saw the whole thing unfold. He came out and offered to price up a replacement bumper then and there so it could all get sorted out asap. Everyone agreed and my mum left with the mans details on a card.

SO, my parents got a call from the company manager the other day basically saying that they weren't going to pay for the full cost of the replacement bumper and that they would go halves as both parties are liable in a reversing incident such as this one. I, personally, don't think this sounds kosher at all as the guy backed into my mum when she was already out of the space AND they admitted liability for the crash at the scene. I don't want to see my parents being taken for a ride, so I'm keen to know what you guys think. Are my parents equally liable for the cost of repair, or are these guys trying to dupe my folks?

Sorry for the novel, I figured the more info, the better to understand the situation. I don't want my parents ripped off.

[Leon]

this is standard actions by an insurance company

Get your mum's insurance company involved, and let the two companies fight it out.

The key points to not waver from in any way shape or form

1) Your mother was stationary and somebody hit her

2) That somebody admitted all liability on the spot.

[rollaholic]

like leon says, let insurance deal with it. get ahold of the guy at the workshop, if he heard the two ass clowns admit liability then even better.

the driver of the ute + trailer failed to ascertain if his maneuver was safe, ergo he is responsible.

if he had reversed into your mums car while she was still in the shops would it have been half her fault? lol.

[Grrrrrrr!]

Check if any CCTV cameras in the area. If it happened as you say then video would make it a slam-dunk..

[Bling]

If I had to be one of the parties involved, i'd hate to be the other guys. I don't see them having a leg to stand on. Purely just trying it on.

I'd just let them know it's being passed on to her insurance with the witness accounts of the accident. They are just trying to weasel out of liability so are obviously tools.

[Marz]

Cheers for the thoughts and advice guys.

I'm going to have to get involved to help sort this out, my parents aren't too big on confrontations; I think that's what made these jokers pull this stunt in the first place. I should be able to sort them now that I know my thoughts on the matter were pretty valid.

Thanks again!

[Bling]

Let us know how you get on

[rollaholic]

indeed!

they dont need to do a confrontation, just pass the problem on to their own insurance. they'll do all the confronting thats needed.

[Al]

indeed!

they dont need to do a confrontation, just pass the problem on to their own insurance. they'll do all the confronting thats needed.

Yup, this.

That is why you pay the premiums!