Minor car accident on private land - legal aspects

[Platypus]

This doesn't effect me, before you jump to conclusions, but has been the subject of heated debate at my local.

Someone reversed out of a parking space in the pub car park and promptly bumped into another vehicle who was driving in. The drivers exchanged details and went on their separate ways.

Ah ah say the usual know-alls, the insurance will be invalid because this occurred on private land. The driver who was driven in to won't be covered for the damage caused by the reversing car.

This sounded wrong to me, there must be many knocks in pub, supermarket and multi-storey car parks. Some Googling reveals this which seems conclusive: The road user and the law : Directgov - Travel and transport (for those who CBA to look it up, it says that public places such as car parks also count as roads in the road traffic act).

Any thoughts or personal experiences?

Added bonus: the guy reversing was probably intoxicated

[MarillionFan]

Of course it's an insurance job. That's what it's for.

Imagine if someone was killed. You think they're not
Insured.

Now having the person admit it is another thing all together.

As an aside, some years ago when I had a shop the landlord warned me about some people down the road. They kept parking on his land and then taking a shortcut down the alleyway next to his shop, opening a gate and letting themselves out. One day there was an accident. Said trespasser broke their foot on a broken cover in the alley. They had no right to be there. No permission. They sued.

Someone is always responsible.

[centurian]

Insurance is not legally required if you are driving on private land.

But if you cause damage to another car - and you are to blame - you are personally liable for that damage - and assuming you have insurance, that will cover it.


Simples

[Diver]

Insurance is not legally required if you are driving on private land.

But if you cause damage to another car - and you are to blame - you are personally liable for that damage - and assuming you have insurance, that will cover it.


Simples

WHS

[BrilloPad]

My ex-wife had an accident in 1991 in a supermarket - no insurance details were exchanged as then not necessary. I believe shortly afterwards the law was changed.

From what you say it sounds like they were both at fault so should each look after their own damage.

[centurian]

Insurance is not legally required if you are driving on private land.

Actually just to clarify that - this only applies to private space on private land.

If it is publicly accessible, then the provisions of the road traffic act apply, which includes insurance, speed limits, drink driving etc.

Car parks probably fall into that definition - although it might be a grey area if it has gated access.

[Old Hack]

Actually just to clarify that - this only applies to private space on private land.

If it is publicly accessible, then the provisions of the road traffic act apply, which includes insurance, speed limits, drink driving etc.

Car parks probably fall into that definition - although it might be a grey area if it has gated access.

I was leaving a work place, driving through their car park speaking on my phone. The Police stopped me as I left the car park, now not on the phone, and gave me 3 points and £60 for being on the phone. My argument I was on private land was met with the above. I took it to court and lost as despite it not being legally accesible to the public, there was no barriers to stop the public from entering, so therefore it was publically accesible (and to be honest, lots of JP used the car park to double back on themselves). Fecking annoyed, as my £60 turned to £1000 and I couldn't shout at lawyer, who gave me the advice to go to court and challenge it in the first place....

So,

If it is publicly accessible, then the provisions of the road traffic act apply, which includes insurance, speed limits, drink driving etc.

[BrilloPad]

If it is publicly accessible, then the provisions of the road traffic act apply, which includes insurance, speed limits, drink driving etc.

At least you had a go - well done. If everyone challenged instead of just paying up the country would be a far better place.

[Old Hack]

At least you had a go - well done. If everyone challenged instead of just paying up the country would be a far better place.

Seemed to be the right thing to do. I don't use the phone in the car, not on the road, so thought it was manifestly unjust to be done for, what I assumed was, obeying the law. Anything to help the policemans ball I guess. Rude prick too. When I was a younger, you could actually discuss stuff with a policeman, and it would nearly always be amicable. Common sense would dicate the end result. Now, it seems they just want their monthly brucey bonus. Then they complain no one respects them anymore.

[Support Monkey]

Its an insurance job, i know because i drove into someone in the pub car park we exchanged details and i just reported it to the insurace, she was a proper chav and wanted me to cough up privately as the insurance said her car was a write off, (side swiped it) obviously i said no and left it with the insurance companies to sort out and never heard anything of the matter again.

This was in the middle of the car park no where near the entrance.