Who's fault was it?

Wig

If it was as you say then Black Polo was at fault. Take a photo of the junction, see if there is room for a car to undertake, when someone is stopped waiting to turn right - where the lady was. If the road is severely narrowed (on the near side) when a car is waiting to turn right then even if there was theoretically enough room for a car to undertake, the driver of that car should slow down and take due care and attention. Which means not be driving so fast past a waiting car, into the junction, so as to be unable to stop to avoid a collision.

His fault 100%

Report him to the police for abusive behaviour, they will give him a warning, but in the circumstances they might find the whole case (damaged bus shelter) very interesting and take further action regarding his driving.

jonathon

i disagree the op pulled out of a side road onto a main road, so the op pulled out in front of him causing him to swerve if the op hed been more careful thay would have seen the polo.

Keith

maryjanethespider wrote: »

I have 2 witnesses who claim the lady beckoned me out as she could not go until the guy went first (she and the guy indicating)

Your at fault in my opinion.

You entered the road without checking it was clear and entered the path of another vehicle.

He may have bumped up a kerb, smacked a bus stop, but that happened before he hit you. Your actions of entering the path of the vehicle caused the accident.

NikkiP_2

but the polo came from behind the stopped car, and on the pavement.
So how the hell could a car coming out have made him go left on to the pavement when there was a car n front.
Go to the police, tell them your side with a sketch and then forget about it.
But in future the OP should not rely on someone flashing them out, even though this incident as described was not her fault.
Could have been a kid on a bike overtaking the stopped car !

Keith

Remember the OP is looking left, and by the sounds of it has taken a chance to exit a junction behind another car when they can not see a clear path...

Just to doubt the story of the op, lets remember only one car was waiting to turn right across his path..

A car pulled up short from the left indicating to turn off of the main road,

a car was aproaching from the right also indicating to turn off,

as the lady in front could not go until this guy had turned and she has (as it seemed) pulled up short purposly to let us out, i double checked and went.

So a car from the left appears to have left enough room to let both cars out. From the OPs post, the time between the car stopping to let out both cars and him is 3 minutes.

At no point does it say that the car allowing him to exit the junction has checked for another vehicle.

The second i went across the middle lines in the road a black polo undertook her by going on the path, i noticed a black spec when he came in to veiw in my mirrors (until i was fully straight) almost instantly he hit the side of a bus shelter

The second you crossed the center lines, you notice the car going onto a path whilst he is a "black spec" in your mirrors and then he hit a bus shelter? You noticed a lot about a car which then hit you.

I have 2 witnesses who claim the lady beckoned me

You'd waited 3 minutes for a car to allow you out, the driver then beckoned you and you moved, at which point another vehicle was passing to the left of it, to get over the fact you've not see the vehicle you've made up some story about the car hitting a bus shelter after mounting a kerb.

You could not see a clear path and you went because someone waved you out. Think yourself lucky it wasn't a motorcyclist you didn't kill or cripple today.

loftus

I presume this is a T-Junction?
Would the lady waiting to turn right into the road you were leaving have normally blocked all the traffic coming from behind her until she had completed her manouevre, or is the road wide enough to allow traffic to pass her when she is stationary?
If the road is wide enough then the guy - however obnoxious he is - is not "undertaking" and you are at fault for moving into his path when the road wasn't clear. Being beckoned to do so is neither here nor there in this scenario.
If it isn't he should have waited for the lady to complete her turn and him striking the bus stop is his own fault as he had to mount the pavement to do it.

Keith I dont know where you get that the OP followed a car out because I think the 'us' she refers to is the occupants of her own car as she was on a school run, or that she waited 3 minutes whilst the lady was waiting to turn right. What she said was that it took her about 3 minutes to get to the head of the queue at the junction.

squoog

maryjanethespider wrote: »

Apparantly he claims i forced him off the road? and is wanting my insurance to pay for his damages - although he did not hit my car just to add

In my experience even if you phone your insurance company for advice regarding something like this and dont make a claim it can still affect your premium when you renew.

Wig

Keith,

The OP to me is clearly saying the black polo had to go onto the path to undertake the woman, Polo was also doing this at speed. i.e. the reason he was on the path was to undertake the woman, not becasue our OP forced him off the road.

The OP said this:
" The guy behind me reckons the polo didn't check as he seen me go first then the polo, plus he undertook on a pavment."

"He undertook on the pavement" It also sounds to me like the woman had stopped to turn right, the polo was behind her. The polo got fed up waiting (we have testimony as to his impatient driving) The polo mounted the pavement to undertake the woman. He quickly found he could not force his way back onto the highway because our OP was finishing her manouver, he was unbeliveably in so little control of his vehicle that he hit a bus shelter :rotfl: This would be 100% the fault of the Polo and served him right too.


I concede that we have yet to have the OP confirm that this is exactly the way it happened and that the lane from her right was single and narrow (not wide enough for 2 cars). But this is the way it all reads to me.

Doozergirl

If there weren't two lanes that allowed the Polo driver to undertake safely then I think it's his own fault. If he was choosing to undertake then he should have been aware that traffic might have been trying to turn out from the right and that the car in front may have stopped to let him out. We're all taught how important it is to anticipate - this person clearly did not as he was travelling too fast to stop.

He was even blaming the woman he was trying to undertake If he had been tailgating her then he may well have been 'trying to prove a point' in undertaking and simply didn't pay proper attention. If he had been tailgating her then he would have probably had to stop behind her when she stopped, and then make a completely seperate manouvre, out of annoyance, to go past her.

Make sure whoever owns the bus stop has his details so they can bill him for the damage

EDIT: Oh look, Wig said the same thing!

Reggie_Rebel

So does his Polo now have a hole in the middle?

He mounted the pavement, he hit a bus stop, he's an !!!!. Tell him to get stuffed if he rings.

He should just be thankful their wasn't a coachload worth of children waiting at the bus stop