Single yellow line, car accident,

[AndreaMc]

Hi all.

 

I pulled over outside near my son's school this afternoon, and was sat on a single yellow line. A taxi was on the other side of the road waiting to turn and a lorry tried to squeeze through the gap, scraping my driver side wheel arch and ripping off my bumper. He got out and admitted he should have waited for the taxi to finish moving, gave me his details (parcel force lorry) and off he went. I'm worried now that because I was parked on a single yellow, I will be liable. I was pulled right over and there was literally enough room to get a big bus through, but because the taxi was turning in, the gap narrowed and he thought he could get his truck through.

 

Does anyone know the law on this situation?

[AndreaMc]

I must add that I had only pulled over to allow my son to get in, I wasn't parked up and out of the vehicle. I have always dropped him off and picked him up there because I thought that constituted as 'loading and unloading'. It's normally only a matter of minutes before i'm on my way and i've definitely never obstructed the (straight) road.

[dw190]

I must add that I had only pulled over to allow my son to get in, I wasn't parked up and out of the vehicle. I have always dropped him off and picked him up there because I thought that constituted as 'loading and unloading'. It's normally only a matter of minutes before i'm on my way and i've definitely never obstructed the (straight) road.

 

Dropping off and picking up passengers does not constitute loading or unloading. (Its irrelevant anyway)

 

You were stationary. The lorry driver had the option of waiting but opted to attempt to drive through. (Big Mistake)

 

Contact parcel force and ask if they are prepared to arrange for your car to be profesionally repaired and provide you with a replacement courtesy car while its done. If there driver has reported it correctly, I'm sure they will want to sort it quick as I think they will self insure.

 

I work for a large transport organisation who would, if in this position have your car repaired and leave you a courtesy car until its return. This way keeps you away from claims management firms who end upng them a fortune. costi

[MaisyMouse]

Was there any damage to the lorry ? Check if you can get the wing knocked out and the bumper replaced without going down the insurance path.

 

Was it you or the lorry driver that requested details ?

 

Forgetting the taxi for a moment (unless it was already over the centre of the road), would the lorry have been able to pass you without crossing the middle line ?

 

If so then he is probably at fault, if not then you were parked in a position that would compromise other road users along a route and you could be liable for the cost of both vehicle repairs.

 

Any witnesses you can rely on to confirm the parcel lorry should have stopped in the circumstance (before, not after taking your bumper off) ?

 

Have you checked the yellow line regulations at the time of the incident ?

[AndreaMc]

That's a relief. I have already spoken with PF's accident management team who took the accident details and said someone would be in touch in a couple of days. They advised me to tell my insurers who have found a garage and instructed a company to drop off a courtesy car when my car has been collected. Is this what you called claim management? Should I contact PF's insurers again and ask them to supply the courtesy car etc? The company who are providing me with the car have made it clear that if I don't take out insurance with them, if anything happens to the courtesy car (my fault or not) that I will have an excess of £500. What would your advice be?

 

Thanks.

[AndreaMc]

Was there any damage to the lorry ? Check if you can get the wing knocked out and the bumper replaced without going down the insurance path.

 

Was it you or the lorry driver that requested details ?

 

Forgetting the taxi for a moment (unless it was already over the centre of the road), would the lorry have been able to pass you without crossing the middle line ?

 

If so then he is probably at fault, if not then you were parked in a position that would compromise other road users along a route and you could be liable for the cost of both vehicle repairs.

 

Any witnesses you can rely on to confirm the parcel lorry should have stopped in the circumstance (before, not after taking your bumper off) ?

 

Have you checked the yellow line regulations at the time of the incident ?

 

I was parked on my side of the road facing the flow and had the taxi not been there, he wouldn't have had to cross the line. A double decker bus had just gone past with no trouble. No damage to his lorry and he told me to take his details as he was at fault.

[MaisyMouse]

Oh dear.

[AndreaMc]

Is that an oh dear you're screwed, or oh dear, poor lorry driver? I was parked on my side of the road, and he was coming in the opposite direction. He decided to try and squeeze through the gap instead if waiting a minute for the cab driver to move. My car didn't cause him any obstruction.

[AndreaMc]

Oh and yes, one witness who agreed he should have waited. So the witness and the driver of the truck say he was at fault, it's me who wants to be sure.

[MaisyMouse]

Sorry, it means 'oh dear, their investigators will check the restrictions that are in force on the road at the time everything happened'.

 

Single yellow lines are for parking, and/or waiting when they are active. What are the restrictions in place ?

[crem]

Dropping off and picking up passengers does not constitute loading or unloading. (Its irrelevant anyway)

 

correct, it doesn't. However, there is a "boarding and alighting" exemption that applies to SYL and DYL. If you were stopped for no longer than was necessary to allow a passenger to get in or out of the car, then the exemption should apply.

 

Irrelevant of whether you stopped legally or not, it doesn't change the fact that the van hit a stationary vehicle and that would be difficult for him to defend anyway.

[MaisyMouse]

It is important you go check on the particular restrictions in place on the road where you were parked.

 

S238 - You must not wait or park on yellow lines during the times of operation shown on nearby time plates (or zone entry signs if in a Controlled Parking Zone) - see 'road signs' and 'markings'.

[dw190]

That's a relief. I have already spoken with PF's accident management team who took the accident details and said someone would be in touch in a couple of days. They advised me to tell my insurers who have found a garage and instructed a company to drop off a courtesy car when my car has been collected. Is this what you called claim management? Should I contact PF's insurers again and ask them to supply the courtesy car etc? The company who are providing me with the car have made it clear that if I don't take out insurance with them, if anything happens to the courtesy car (my fault or not) that I will have an excess of £500. What would your advice be?

 

Thanks.

If your own insurer has arranged the courtesy car then they should extend insurance cover for it. If you are being asked to pay for CDW (Colision Damage Waiver) then that would be an uninsured loss and could be claimed from P/Force. There is no harm in asking P/F if they are prepared to arrange and pay for a courtessy car, just be careful you dont arrange with both and have two delivered.

[dw190]

It is important you go check on the particular restrictions in place on the road where you were parked.

 

S238 - You must not wait or park on yellow lines during the times of operation shown on nearby time plates (or zone entry signs if in a Controlled Parking Zone) - see 'road signs' and 'markings'.

I must add that I had only pulled over to allow my son to get in, I wasn't parked up and out of the vehicle.

 

Boarding & Alighting is allowed on both single and double yellow lines.

[MaisyMouse]

Boarding & Alighting is allowed on both single and double yellow lines.

 

Correct, but the o/p infers there was slightly more than setting down in his first two posts.

 

'I'm worried now that because I was parked on a single yellow,'

'It's normally only a matter of minutes before i'm on my way'

 

Our local council has a stipulated time limit of two minutes before 'alighting' turns into 'waiting'. I have emphasised the need to read the plates at the earliest opportunity, the other side will certainly be doing the same.

Edited January 30, 2013 by MaisyMouse

[AndreaMc]

Ok, that all makes sense. The restrictions are for between 8 and 4pm I think so clearly I was there during restricted times. I am ordinarily only stopped for as long as it takes my son to get in and out if the car. He's disabled so it may take longer than most but still quick. Does the boarding and alighting allowance count at any time? I'll call parcel force in the morning before I speak to the CMD about the courtesy car.

[AndreaMc]

Sorry crossed posts. When I said parked, I meant pulled over, I didn't mean parked up. and as I just explained, a matter of minutes to get him in and out.

[AndreaMc]

Correct, but the o/p infers there was slightly more than setting down in his first two posts.

 

'I'm worried now that because I was parked on a single yellow,'

'It's normally only a matter of minutes before i'm on my way'

 

Our local council has a stipulated time limit of two minutes before 'alighting' turns into 'waiting'. I have emphasised the need to read the plates at the earliest opportunity, the other side will certainly be doing the same.

 

I will double check the sign in the morning but I'm fairly sure it's between 8 and 4. I wasn't 'waiting' I was there to allow my son to get in. This seems as it's allowed?

[dw190]

Ok, that all makes sense. The restrictions are for between 8 and 4pm I think so clearly I was there during restricted times. I am ordinarily only stopped for as long as it takes my son to get in and out if the car. He's disabled so it may take longer than most but still quick. Does the boarding and alighting allowance count at any time? I'll call parcel force in the morning before I speak to the CMD about the courtesy car.

 

It matters not if your vehicle was in contravention of any parking regulations in force at the time.

 

Your vehicle was stationary when a moving vehicle collided with you.

 

Had you been lay in the road unconcious would you have been liable for cleaning the red stains from the tyres of the lorry after it ran over you.

 

Boarding & Alighting is ok as long as it is done in a reasonable time. That time could be quite long if you had to go and collect a disabled person from somewhere.

 

Personally, I think P/F will be more than happy to see a quick solution to what is a daily routine for them with the amount of vehicles they have.

 

You have done nothing wrong and need not worry about any parking restrictions.

[AndreaMc]

It matters not if your vehicle was in contravention of any parking regulations in force at the time.

 

Your vehicle was stationary when a moving vehicle collided with you.

 

Had you been lay in the road unconcious would you have been liable for cleaning the red stains from the tyres of the lorry after it ran over you.

 

Boarding & Alighting is ok as long as it is done in a reasonable time. That time could be quite long if you had to go and collect a disabled person from somewhere.

 

Personally, I think P/F will be more than happy to see a quick solution to what is a daily routine for them with the amount of vehicles they have.

 

You have done nothing wrong and need not worry about any parking restrictions.

 

Thanks again for taking the time to reply and that's an interesting way to explain your point! I'll stop worrying and try and forget about it til the morning, when I can ring parcel force. I'll let you know how it goes.

 

Thanks again.

[sailor sam]

As already pointed out, the parking/waiting issue is totally irrelevant here. The PF driver has hit you while you were stationary so he is at fault.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Ganymede]

Correct, but the o/p infers there was slightly more than setting down in his first two posts.

 

'I'm worried now that because I was parked on a single yellow,'

'It's normally only a matter of minutes before i'm on my way'

 

Our local council has a stipulated time limit of two minutes before 'alighting' turns into 'waiting'. I have emphasised the need to read the plates at the earliest opportunity, the other side will certainly be doing the same.

 

 

 

 

None of the above will matter when it comes to settling liability.

 

The lorry hit a stationary car as is at fault. End of.

[MaisyMouse]

None of the above will matter when it comes to settling liability.

 

The lorry hit a stationary car as is at fault. End of.

 

Our local council doubled the amount of single yellow lines a number of years back. Their consultation flyer mentioned 'taking the streets back from drivers that parked inconsiderately' or words to that effect.

 

I am unsure whether inconsiderate parking is dealt with by anything other than a PCN from a warden/mobile camara these days, but when the police were on the beat, it would have been a stern telling off plus a 'seven day wonder' if there was cause to attend following an incident.

 

Insurance companies and the local authority have mopped up the requirement for police, but I'm not actually sure it is for the better. They appear only to be interested in profiteering out of a captive market.

[crem]

Our local council doubled the amount of single yellow lines a number of years back.

 

If you double the amount of single yellow lines, does that mean all the single lines became double yellow lines?

[AndreaMc]

Good news, Royal Mail have admitted liability. I called them this morning and told them that my insurers had arranged repair and that a claims management firm had arranged a courtesy car. I asked if they'd like to provide all of this instead and possibly save themselves some money. They've agreed, my car is being collected in the morning and courtesy car delivered at the same time. They also agreed to cover the cost of the CDW. My insurers have cancelled everything and said it would be as if this hadn't happened as far as my policy premiums are concerned.

 

Now my worry is that they'll write off the car, i've been hearing increasingly that with it being a 52 plate and high (107000) mileage, they're more inclined to say it's not economical to repair it. Apparently 3rd party insurers for a no fault accident can't leave you in a worse off position than you were, prior to the accident. Do you know of any similar situations?

 

Let me know if I need to start a new thread for this. Thanks.