Accident

[Mertens34]

It looks like the bumper isnt the same as your one. (Different models perhaps)


Here is a picture of her car


Tomorrow we are going to attempt to get my Rover driveable again. Wish me luck!

[bubs]

The picture of the 75 rear shows it going upwards from the back to front so possible that it was hit and the Ka went up the panel at point of impact. Also I would assume they tried to avoid him to the impact point would have been further around the side of the Ka ie up the side of the bumper/front wing?

Either way unless the 75 pulled out at top speed I doubt there was any way he could have got out far enough for the Ka to hit the rear wheel and not the front or side, not without the Ka going very quickly or just not paying attention. The fact the 75 rear arm is bent would also lean towards that being that case.

[clf]

Originally Posted by rustymotor

What I'm saying is the damage on the Rover is higher than the bumper on Ford Ka..unless it was flying through the air..

or the bumper deformed in the Ka with higher bumpers than the model you have measured (just saying.....)

[Mertens34]

Originally Posted by bubs

The picture of the 75 rear shows it going upwards from the back to front so possible that it was hit and the Ka went up the panel at point of impact. Also I would assume they tried to avoid him to the impact point would have been further around the side of the Ka ie up the side of the bumper/front wing?

Either way unless the 75 pulled out at top speed I doubt there was any way he could have got out far enough for the Ka to hit the rear wheel and not the front or side, not without the Ka going very quickly or just not paying attention. The fact the 75 rear arm is bent would also lean towards that being that case.

I pulled out at a normal speed 15km/h and there was nobody coming.
She hit me after i already completed pulling out of the parking spot.
There is no way she couldnt have seen me as my car was already fully visable. Unless she didnt pay attention ofcourse..... (which she didnt) the fact that she didnt brake and hit me full force indicates this as well.

[bubs]

Maybe you can work backwards from there. Measuring how long it would take for a similar 75 to come out of that gap to where you were then measure how long it would take for the ka to reasonably stop from the 15kmh max they should have been going.
Anyone up for a bit of maths

[bl52krz]

The maths should take the line of:- distance from corner to where you were. Taking into account that by the looks of your photo, an observant driver would have glance sideways before coming to the corner and the turning left after slowing down toa speed that was appropiate to turning the corner. More maths:- measure the distance from floor to bumper of the KA, lowest point. Then measure to the top of the bumper. Then measure where the KA hit you, the highest point, and the lowest point. If all the measurements are the same, then the KA obviously did not brake before hitting your car.
Conclusion is (a) the driver of the KA was not in complete control of the car by virtue of not paying attention to what was going on around the car, and by not braking when an object, your car, was manouvering in front of it legally. We have only heard your side of the accident, so the other person may see it differently. May also have been under the influence of some kind of substance..

[rustymotor]

The Ka we have is an old model, the one in the pic by OP is a newer version..guess her car could have risen up on your bumper

Does she think this was all your fault?

[bl52krz]

I would say that if you came round a corner, in England , you would be held to be at fault because you should drive at a speed whereby you could stop if an object( your car) was in the way. She did not,therefor she is at fault. Full stop. On the other hand, to be honest, if the car hit you in the side, it could be construed that you drove out in front of the other car.

[Mike Trident]

I think the best you will get out of this is a "knock for knock" or 50/50

As a driving instructor for many years, the rule was. If you run into the rear of the car in front, it's your fault. (not paying attention, driving too fast to be able to stop in the distance you can see to be clear)

However, in this case the rear of your vehicle has not been hit. It is a side impact, from a shallow angle I agree, but still a side impact. Trying to prove she was driving too fast or not paying attention will be fruitless simply because from the insurance point of view it is just too much effort, and would cost too much to prove otherwise. You could have her insurance company fighting your insurance company for years, It is simply not going to happen. So the outcome would be knock for knock.

To look at it from a different point of view, you may well be better accepting a 50/50 because damage like that on a Rover 75 will "write it off" . Do you really want your car written off? Even if you bought the car off the insurance company an repaired it yourself it would still carry the stigma of it being a write off car.

[Mertens34]

Originally Posted by Mike Trident

I think the best you will get out of this is a "knock for knock" or 50/50

As a driving instructor for many years, the rule was. If you run into the rear of the car in front, it's your fault. (not paying attention, driving too fast to be able to stop in the distance you can see to be clear)

However, in this case the rear of your vehicle has not been hit. It is a side impact, from a shallow angle I agree, but still a side impact. Trying to prove she was driving too fast or not paying attention will be fruitless simply because from the insurance point of view it is just too much effort, and would cost too much to prove otherwise. You could have her insurance company fighting your insurance company for years, It is simply not going to happen. So the outcome would be knock for knock.

To look at it from a different point of view, you may well be better accepting a 50/50 because damage like that on a Rover 75 will "write it off" . Do you really want your car written off? Even if you bought the car off the insurance company an repaired it yourself it would still carry the stigma of it being a write off car.

That is exactly the case right now.
They say it will cost too much to prove that she was responsible.
They are still discussing though.

I disassembled a rear upper suspension arm today at the scrapyard (took me 2 hours). Now i just need to find a wheel bearing kit.
Hopefully my Rover 75 will be drive able again on Tuesday.
Thats all im caring about right now.

The insurance companies will take 4-6 to make a decision according to them.