Who is in the wrong in this car accident?

Question

I was in the car park of a McDonalds restaurant, and a car was going around the car park on the other side to me. as I turned the corner, we met and had a little crash. she wants to claim on my insurance saying it was my fault but I believe she was on the wrong side of the road.

There is a sign on the enterance saying "McDonalds" and pointing down the direction of that road, and on the other road as you come around, there are give way markings to give way to on coming traffic as you pull out. There are no signs saying it is a one way street, but the sign and road markings suggests it is. I was following these guides and headed out of the car park, but the other car was coming the other way in this narrow lane.

I have posted a picture of a map so you see what I mean. We crashed on the bottom right hand corner, where this is a corner.

Please could anyone tell me if I am in the wrong or the other car. Or if anyone knows where I can get a firm answer of if Im right or wrong. Thanks

http://maps.google.co.uk/maps?f=q&hl=en&geocode=&q=mc+donalds+cardiff+bay&jsv=107&ie=UTF8&ll=51.456904,-3.186463&spn=0.000366,0.000912&t=h&z=20&iwloc=A

Answer 1

If you were in the car park pulling out on to the perimeter road of car park then I would say you were in the wrong.  As you pulled out it is obvious to a driver that the front of their car was going to go over the centre lines.  I would settle for knock for knock principal but let her insurance instigate that. Of course if she was turning and cut the corner off then it would really be down to her.

Answer 2

The basic trick is to look where you are going, and stop if you see another idiot. Then the moving vehicle has all the responsibility

Answer 3

Well, if I understand you correctly, what happened does seem somewhat unfair. I'm not clear though whether you mean the bottom right hand corner of the car park or the building - I assume the car park.

You are absolutely right that the road markings are quite clear and 'imply' a one way system which only rude and inconsiderate people would ignore. Unfortunately, the world is packed full of rude and inconsiderate people and we have to be prepared for them.

It's also unfortunate that most signage on private property, including car parks and motorway service stations for example, does not come up to the high standards set on public roads - so people easily get confused.

There's no doubt in my mind that the other driver was going the wrong way round a one way system but, as others have said, it was on private land so it probably counts for nothing.

Certainly don't agree to pay her damage. If your damage is only slight, pay for it yourself rather than lose your no-claims bonus (if you have one) by having the insurance company pay for it. If the other person gets funny - let your insurance company communicate with them to sort it out.

Sometimes life is just plain unfair.

Answer 4

As you were following the marking and she apparently against them,   you MAY  have an arguement for her.     I believe the major point  to make is the position of the vehicles at time of collision.    Were each of you centered in the drive or to the side normally considered proper to travel.       What was the speed of each vehicle?   (Were one of you, or both,  acting the ***?)     Are there any witnesses?

Don't admit anything.    If she believes you at fault,  force her to make a convincing arguement,

Answer 5

i dunno.

insurance goes by what the police report says...

who's at fault according to the police?

Answer 6

The insurance companies will most likely determine that both of you are 50/50 at fault......

Answer 7

If it happened in MacDonalds parking lot, you'll probably both have to pay for your own damage.

Answer 8

Please say you took lots of pictures for evidence, the police will be able to confirm by the evidence.

Answer 9

Next accident - call a cop. Protect yourself.

Answer 10

First and foremost - she can't claim off your insurance. Only you can do that.

So......tell her to claim from you, if she thinks it's your fault. Then it's up to you how to deal with it. You could tell your insurance company you've had a third-party claim, and ask them to deal with it, giving them the same information you've given us in your question (including the Google map). From then on, it'd be up to them what to do. (Of course, you can do exactly the same thing to HER.)

At the end of the day, it all depends on how much money you need to repair your car. And I have to say, looking at your link, I'm sure I'd have been going slowly enough to stop in time if I met someone coming the other way. You're right about the road markings - it looks good for you.

Answer 11

If you were on the correct side of the road then you were in the right although it will be hard to prove without witnesses or photographic evidence.

I expect it will end up being knock for knock.

Answer 12

Where I live, both are at fault with anything that happens in a parking lot. Except for the time I was at work and an 18 wheeler making a delivery backed over my entire car while I was in the store.

Answer 13

Just inform your insurance co. and let them sort it out. Draw a diagram of what happened with all information you have told us. I thought all McDonald's had an unofficial one way system. Our local one has.

Answer 14

Well, first of all you were on private property. I have a stop sign and a road on my private property, but it isn't the public road, so the public rules do not apply. I mean, do you think i am going to get a policeman to sit there on my property and enforce traffic laws. i would be having a freebe cop on public dole.

You said there are no signs, good point. There doesn't have to be signs on private property unless you have designated public zones.

So just because there are arrows in the road, doesn't mean anything.

I suspect that your insurors will just pay the claims for each of your cars. Will be too much hassle to spent 5 times as much money on their attys as just to fix the dents. not cost effective.

Answer 15

I wouldn't be surprised if the insurance companies go for 'knock for knock' which means neither at fault/both liable and they settle their own claims.  This is due to it not being on a public highway.  If the damage is minor then both parties may avoid going through their insurance companies as both will likely incur a loss of no claims bonus.  I would be surprised if she 'wins' by proving the responsibility is yours.  Hold your ground and good luck.  Speak to your insurer, you should report it to them regardless.

Answer 16

it most cases there is no right or wrong in a parking lot - that is considered private property and almost always falls under no fault insurance

in this case - dont worry about it - the insurance companies will investigate it , most likely agree to pay for their own client which means you both pay a deductible

i would not speak directly to the other driver, let them work it out with the insurance companies - trust me , your company doesnt want to pay so they will find any excuse to avoid it

i would expect your insurance will go up a little and that should be the only hassle you deal with