[SammyC]

I recently moved into a new build site and currently still work vehicles on site. Early December I was reversing off my drive and when I got to the edge I saw a work vehicle coming. I stopped my vehicle. I was hanging over slightly. The vehicle was going around 10 miles an hour and I waited to see if he had room to pass. He kept coming so I presumed he did. On the way past he scrapped my vehicle.

The insurance company today advised me they are claiming non fault and that I reversed into him.

I just want some clarification on the rules of the road. I understand he has right of way but my feeling is that because I stopped he had time to stop himself . I then would have either pulled forward or moved into the road.

Any clarification would be really helpful.

[Nansen]

@SammyC . . . all relevant construction sites must have a Traffic Management Plan which would include arrangments for risks created by members of the public. Appears the site vehicle might not have complied with this? A copy would be retained in the Site Managers office albeit they may be reluctant to give you access to it?

[Drivingforfun]

Were you reversing onto a main road?

I don't know if it's relevant but I believe you are not allowed to reverse out onto a main road, you are supposed to reverse onto your drive.

[Beelzebub]

@SammyCFor clarification on the rules of the road, you should read the Highway Code.

There are three points there which are relevant to your case.

1. "The rules in The Highway Code do not give you the right of way in any circumstance, but they advise you when you should give way to others. ",

2. "Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can." [Rule 201]., and

3. "The Highway Code may be used in evidence in any court proceedings under the Traffic Acts to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’."



e, but

[Rolebama]

I have heard similar stories to yours many times over the years. In almost every case the reversing driver was held to blame. Partly because of the content of Beelzebub's post above, and partly because, I believe, the relevant body (Court or insurer), has decided to believe the other party. Excpt in cases where there have been witnesses to say that the driver on the road had deliberately hit the reversing vehicle. Might be worth checking with your neighbours if they saw anything.