Car Accident

5928_driver

I was on my way to work this morning and want to know what you think about whose fault this accident was. I had just stopped about 100 yards before the accident so I was going between 30-40 miles per hour on a back road (speed limit 40). A car pulls out of the driveway (which was to my left) in front of me and I hit the car in the right passenger side door. There is limited damage to my car (my front left corner (Driver's Side) has scrapes and dents) because I swerved to the right (away from the other car) and slammed on the brakes. The other driver said, "I couldn't see you." So, what do you think?

geri1965_2

The onus is upon the vehicle pulling out to ensure that it's safe to do so. So it was his fault.

Davesnave

It is up to the emerging driver to 'see' you, with no excuses.

Some driveways are hell, especially at this time of year when cow parsley gets growing so quickly in hedges & verges, but that makes no odds. You have right of way.

Crazy_Jamie

geri1965 wrote: »

The onus is upon the vehicle pulling out to ensure that it's safe to do so. So it was his fault.

This. Providing there are no other relevant factors that you haven't mentioned it looks very cut and dry in your favour.

5928_driver

Thanks, I think so too. Just looking for other opinions. I'm waiting to hear from both insurance companies. What a headache and thank goodness for insurance!

slipp_digby

this sounds relatively clear cut.

but....expect the other driver to come out with all sorts of crap about how 'fast' you were going etc, and try to make this a 50/50.

did you get any witnesses or take any photos with your phone (realise this is difficult to think about when you have had an accident and are in shock)

silver-birch

If he couldn't/didn't see you then how would he know you were going too fast!

W

Davesnave

silver-birch wrote: »

If he couldn't/didn't see you then how would he know you were going too fast!

W

He wasn't, and the other driver didn't imply that, at least initially......but don't let the facts stand in your way!

diable

I had the same thing happen to me a few years ago but on a roundabout when a woman smashed into the side of me spun my car 180 degrees sending me up the road backwards and bending my axle, her excuse was "It wasn't my fault as I didn't see you" lol At least the policeman said to me not to worry as she was being taken to court.

Remember to get all your facts correct, make sure the other person has no dodgy witnesses and you should be ok as they where driving without "due care and attention" Also remember that your insurance premium may go up next year due to the accident so I would claim for any increase in premiums for the next few years as this seems the way the insurance companies scam er get their money back.

slipp_digby

silver-birch wrote: »

If he couldn't/didn't see you then how would he know you were going too fast!

W

because what people say once they realise they were to blame isnt always the truth. simples

silver-birch

I didnt say that the OP was going too fast! I should have written "If he did'nt/couldn't see you how would he know if you were going too fast or not"

But hey, don't let a slight typo get in the way of what I meant. Thanks for jumping on that!