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Just had a car crash...

Here is roughly what happened in a gif that I made.

http://i42.tinypic.com/30jkxec.gif

She goes over to the right and looks like she is parking up there so I advance.

She doesn't signal and turns left back into my path in my lane of the road to go into the driveway on the left. Bang.

If I thought there was even a chance she was doing anything other than parking on the right, I obviously wouldn't have advanced.

My friend think insurance will take easy option and go 50/50 even though it is 100% her fault.
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Comments

  • I can't see your pic as tinypic does not work here.

    What was her side of the story? Did she admit to not using her indicators etc?

    I'd say if she pulled up and then suddenly turned into your path without indicating it's a classic case of not checking mirrors before turning across traffic. If she claims she was indicating and you just drove into her because you weren't paying attention, you'd better hope there were witnesses who side with you otherwise without evidence I'd say it will go 50/50.

    I sometimes swing wide on very sharp corners but I ALWAYS indicate so people behind me don't think I'm turning the other way and try to shoot past me on the inside. A delivery driver friend of mine was doing a similar thing but it's a bit different in a 17 metre long articulated lorry, there's a roundabout he uses where he has to straddle two lanes on approach to make it round, he always indicates to show his intentions but one time a silly lady in a Ford KA tried to undertake him, she soon learned this was a bad idea when she went underneath the trailer and was caught by the wheels on the front-most axle. Her car was completely wrecked. There were loads of witnesses, it went to court and the woman claimed she tried to go round him as she said his hazard lights were on and she thought he had broken down (even though he was moving all the time). Court ruled in his favour, she was at fault.
  • MARKMAKAVELI
    MARKMAKAVELI Posts: 276 Forumite
    Part of the Furniture 100 Posts Photogenic Combo Breaker
    edited 24 December 2011 at 3:46PM
    My dad came out afterwards and asked her what happened and if she indicated.

    She said "I don't know, I think so" to which I replied "You didn't".

    So no doubt she will tell the insurance that she indicated an they will rule 50/50.

    I don't understand why though, had she indicated, we wouldn't be in this mess! Where else can I upload the gif?
  • fadetogrey
    fadetogrey Posts: 1,648 Forumite
    My dad came out afterwards and asked her what happened and if she indicated.

    She said "I don't know, I think so" to which I replied "You didn't".

    So no doubt she will tell the insurance that she indicated an they will rule 50/50.

    I don't understand why though, had she indicated, we wouldn't be in this mess! Where else can I upload the gif?

    Your gif works for me and as I see it if she had no indicator on it is 100% her fault,only thing is getting her to admit her blame,good luck anyway.
    counting down the time I got left.:beer::beer:
  • prowla
    prowla Posts: 14,203 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I had something similar a while back - after coming off a roundabout the car in front continued to indicate left, kept to the left and didn't accelerate, so I assumed they were turning into the garden centre just there and I went to overtake. The next thing I knew they came across into the side of me.

    The insurance company tried for a 50/50, but I was adamant that it was the other driver's fault, and I had taken photos of the scene on my mobile phone, drawn out a map/diagram, and so-on. Eventually they paid me more, making it about a 75/25.
  • Its ridiculous though. That sounds like it was 100% not your fault.

    looks like same will happen to me, but at 50/50 as it was just on my road, no cctv or witnesses etc.
  • scheming_gypsy
    scheming_gypsy Posts: 18,410 Forumite
    edited 24 December 2011 at 7:58PM
    Sounds like she's probably indicated left to turn into the drive as she swung right which clicked her indicator off as fast as she turned it on. But it looks like 50/50 is the best you can hope for; as you were behind her and hit her as she was turning left, she could have a better argument... unless it can be determined from the damage, which angle she came at.
  • prowla
    prowla Posts: 14,203 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think that swerving right before turning left is not a valid manouevure, especially if the swerve is wide enough for a car to drive through.

    Hope it works out OK!
  • Alias_Omega
    Alias_Omega Posts: 7,916 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If she cleared the centre white line, i think you will be ok.

    "Yes guv, she crossed the centre line. I assumed she was parking up on the RHS".
  • celtus
    celtus Posts: 69 Forumite
    100% her fault in my opinion
  • RichGold
    RichGold Posts: 1,244 Forumite
    1,000 Posts Combo Breaker
    I had exactly the same thing happen to me several years ago, but what hit me was a 38t tipper truck. I got paid out on that one if that's any consolation.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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