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Hit by another car whilst you are stationary : whose fault ?

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This morning I had to go round a car which was parked just my side of a blind bend. Obviously it was pretty stressful wondering if someone would come the other way whilst I was on the "wrong" side of the road. Thus I went s-l-o-w-l-y for two reasons :

1 - If there was an impact I didn't want it to be any more severe than absolutely necessary
and
2 - I wanted to be stationary if I was hit because I have always thought that if a vehicle is stationary then it is always the other drivers fault if there is an accident because - by definition - they have crashed into you.

Am I right about the second one though ?
You could argue I'd have been on the "wrong" side of the road, but if a car going in the opposite direction had broken down in that very spot the circumstances would be exactly the same, i.e. a stationary vehicle being hit by a car driving too fast round a blind bend to stop within the distance they can see to be safe.



Drivers should always ensure that they are able to stop in the distance that they can see to be clear. If a car is stopped/broken down just after a blind bend and a driver hits it then it is going to be the fault of the moving driver. Similarly if a child runs into the road after a blind bend. If a car hits that child it will be the car driver's fault.

In your case you have to proceed around the parked car, you did it slowly and carefully, you had no other choice. I would expect the other driver to be at fault from a policing point of view but with an insurance claim it may be that the insurers split the claim to make both drivers at fault and increase premiums for both.

  • Author
7 hours ago, pcaouolte said:

Drivers should always ensure that they are able to stop in the distance that they can see to be clear. If a car is stopped/broken down just after a blind bend and a driver hits it then it is going to be the fault of the moving driver. Similarly if a child runs into the road after a blind bend. If a car hits that child it will be the car driver's fault.

In your case you have to proceed around the parked car, you did it slowly and carefully, you had no other choice. I would expect the other driver to be at fault from a policing point of view but with an insurance claim it may be that the insurers split the claim to make both drivers at fault and increase premiums for both.

>>it may be that the insurers split the claim to make both drivers at fault and increase premiums for both.<<

If that is the case it seems very unfair, particularly if the aforementioned two principles apply :

1 - The moving car (hitting the stationary car) is at fault
and
2 - The moving car cannot be applying the rule that one must be able to stop within the distanance can see to be safe.

But assuming the split insurance blame does apply then what is one to do if a parked vehicle requires one to drive on the wrong side of the road near a blind bend ?

10 hours ago, Justin Smith said:

But assuming the split insurance blame does apply then what is one to do if a parked vehicle requires one to drive on the wrong side of the road near a blind bend ?

Use the horn to warn oncoming drivers of your presence.

6 hours ago, TomsFocus said:

Use the horn to warn oncoming drivers of your presence.

That's what they do in narrow mountainous roads in some European countries.

  • Author
On 3/28/2026 at 9:00 AM, TomsFocus said:

Use the horn to warn oncoming drivers of your presence.

But would they hear it if they had their windows wound up and their radio on ? Particularly as they would be round the corner !

12 minutes ago, Justin Smith said:

But would they hear it if they had their windows wound up and their radio on ? Particularly as they would be round the corner !

The great thing about sound is that it does not only travel in straight lines. This is a method I used for years when driving tight backroads and occasionally there would be another car just the other side of a bend that I could not see. I have also heard other drivers horns from around bends on the same type of roads.

Of course, if they have loud music on, they may not hear the horn. But there will always be these 'but what ifs' to any scenario involving driving. There isn't a 100% safe way to travel anywhere in a vehicle, always a constant risk at varying levels. Personally I was far more concerned about the wheel airbag blowing out and breaking my arm or knocking my teeth out, than I was about the insurance company.

  • Author
On 3/29/2026 at 10:21 AM, TomsFocus said:

The great thing about sound is that it does not only travel in straight lines. This is a method I used for years when driving tight backroads and occasionally there would be another car just the other side of a bend that I could not see. I have also heard other drivers horns from around bends on the same type of roads.

Of course, if they have loud music on, they may not hear the horn. But there will always be these 'but what ifs' to any scenario involving driving. There isn't a 100% safe way to travel anywhere in a vehicle, always a constant risk at varying levels. Personally I was far more concerned about the wheel airbag blowing out and breaking my arm or knocking my teeth out, than I was about the insurance company.

Would the airbag do you any harm if it went off when your vehicle was stationary ? In fact would it go off at all ?

24 minutes ago, Justin Smith said:

Would the airbag do you any harm if it went off when your vehicle was stationary ? In fact would it go off at all ?

Yes and yes.

The airbag is triggered by a crash sensor in the bumper regardless of vehicle speed, as long as the ignition is on.

And they blow out with such force that they do often cause 'minor' injuries. Their purpose is really to save lives rather than totally prevent injury.

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