Who Is At Fault In A Car Accident Reversing | Claim Now

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    Who is at fault in a car accident reversing?

    Reversing accidents are one of the most common types of road traffic accidents, where one vehicle collides with another while moving backwards.

    In the UK, the reversing driver is generally held at fault for the collision.

    Car Accident Reversing

    Determining fault in a car accident reversing

    The Highway Code places a strict responsibility on the reversing driver. It requires drivers to look carefully, use mirrors, check blind spots, and ensure the road is clear of all users before and while reversing.

    However, not every reversing accident is the same.

    Straightforward non-fault scenarios

    • Reversing into a parked car: When a legally parked and stationary vehicle is struck by another vehicle reversing, the reversing driver is held at fault for the collision.
    • Reversing into a moving vehicle: When a vehicle travelling on the main road is struck by another vehicle reversing, the reversing driver is held at fault for the collision.

    Exceptions to the ‘general rule’

    • Failure to stop/observe (Contributory Negligence): If the priority driver failed to stop or observe, the reversing driver may argue contributory negligence.
    • Driving at excessive speeds: If the priority driver is driving dangerously or at an excessive speed for the conditions, the reversing driver could argue that they didn’t have enough time to react and avoid the collision.
    • Two cars reversing into each other: When two drivers reverse out of opposing bays and collide.

    How to prove you weren’t at fault

    When you’re involved in a reversing accident, it’s important to gather as much evidence as you can at the scene.

    The evidence you collect will help support your claim if the other driver later denies responsibility.

    You should collect:

    • Dash cam/cctv footage: This is the most definitive evidence you can have.
    • Witness statements: An independent witness's account is invaluable evidence.
    • Vehicle damage: Take photos showing the points of impact on both vehicles.
    • Final position of vehicles: Take photos of the final resting position of the cars.
    • Police report: An official report can provide an unbiased record of the accident.
    Collecting evidence for a car accident

    What causes a car accident reversing?

    • Distracted driving: Activities like using a phone, eating, or talking to passengers can reduce awareness and reaction time.
    • Failure to complete checks: Failing to use mirrors and checking blind spots before and during the manoeuvre.
    • Impatience: Rushing the manoeuvre or not waiting for a clear path.

    After a car accident reversing accident: your first steps

    Dealing with a reversing accident can be stressful, but these simple steps will protect you and your claim.

    • Stop your vehicle safely and turn on your hazard lights.
    • Check for injuries and call for emergency services if needed.
    • Exchange details with the other driver.
    • Take photos of the damage and the position of the vehicles.

    How Auto Claims Assist can help after a non-fault accident caused by a reversing vehicle

    If you weren’t at fault, we can manage your claim from start to finish, getting you back on the road as quickly as possible.

    We provide:

    • A dedicated claims handler to manage your claim from start to finish.
    • 24/7 Nationwide recovery
    • A comparable vehicle while yours is off the road.
    • Vehicle repair at a BSI-Kitemark accredited garage using only manufacturer approved parts and paints.
    • A lifetime guarantee on your repairs (for as long as you own that vehicle)
    • A fair pre-accident valuation if your vehicle is written off.

    All at no cost to you.

    Any costs associated with your claim are recovered directly from the at-fault driver’s insurer, on your behalf.

    Frequently asked questions (FAQs)

    What if the other driver admitted fault at the scene but is now denying it?

    It is not uncommon for a driver to change their story. This is why collecting evidence like photos, dash-cam footage, and witness statements at the scene is so important. This evidence can prove what happened regardless of the other driver’s claim.

    What is Contributory Negligence?

    Contributory Negligence is a legal concept where a claimant (the person who was hit) is found to be partially responsible for causing the accident.

    A finding of contributory negligence means the total fault for the accident is split between both drivers.

    Is the reversing driver always at fault?

    In almost all cases, yes. The reversing driver has a legal duty to ensure their path is clear. While factors like reckless driving by the other party can affect liability, it is rare for a reversing driver to be found completely free of fault.

    What if the other driver was also reversing?

    If two cars are reversing and collide, fault is typically shared 50/50. Both drivers have a responsibility to look out for other vehicles and to reverse with caution.

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