Hi,

 

Wife was turning into Morrisons car park when she hit another car at the junction.  The other car did not have his lights on at the time and obviously didn't see him. A friend who was a passenger confirms that the other driver didn't have his lights on. 

 

My car needs new bumper and fog light etc, his car was scratched.

 

Who is to blame?

 

I'm trying to get hold of CCTV but I won't hold my breath.

 

Any thoughts please?

Was the other car stationary? As I understand the highway code state you should travel at a speed at which you can safely stop, so your wife will have to shoulder at least part of the blame.

Unless the other car was clearly on the wrong side of the road and you can prove it (video, CCTV) you will probably have to settle 50:50.

Your witness is not independant so thier opinion won't be good enough.

 

If the other car didn't have it's lights on it should still have been visible at junction speeds by a car with it's lights on.

Which is why it's not automatically at fault in the eyes of an insurance company.

Besides which when the claim goes in they'll probably just lie and say they did have their lights on and you hit them.

Change the scenario to "My wife drove into a parked car whilst the street lights were still on". Would you still bother to ask who was to blame?

Supermarket car parks are not typically pitch black (you couldn't blame a tree on a country road) and your wife will have had her lights on.

 

Personally the best you could hope for would be 50:50, although that's assuming anyone takes up the idea of contributory negligence.

If it was a child or cyclist with no lights on, she would be to blame the same as she is hitting a car, she is driving a car and needs to drive with care and attention and expect the unexpected.

 

That does not stop others also being in the wrong,

but thats for someone else to sort out.

 

george

Where was the other car at the time of the collision? Was it fully in its own lane, or in your wife's lane. Was the other vehicle moving or not at the time?

It sounds to me quite likely that she is at fault here. Just because huge other car had its lights off doesn't mean it was automatically responsible.