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Which rule or section of the Highway Code has been broken here ?

You are parked in a lay by and wish to move off into traffic. You do not indicate nor do you look to see it is safe to do so and when you move off out of the lay by you drive straight into the side of a passing car.

My guess is that it is fairly straightforward and the General Rules of the Highway Code section 159 http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070312 would seem to have been ignored / broken etc.

Any other breaches apart from plain stupidity ?
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Comments

  • Wig
    Wig Posts: 14,139 Forumite
    Driving without due care and attention. Not sure what the highway code has to do with it?
  • pendulum
    pendulum Posts: 2,302 Forumite
    There will be loads of Highway Code guidance ignored doing that manoeuvre. The real question is, why is it necessary to list each broken rule? It's obvious pulling out from a layby in to the path of another car is the fault of the car pulling out.
  • Straightforward due care.
  • You are parked in a lay by and wish to move off into traffic. You do not indicate nor do you look to see it is safe to do so and when you move off out of the lay by you drive straight into the side of a passing car.

    My guess is that it is fairly straightforward and the General Rules of the Highway Code section 159 http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070312 would seem to have been ignored / broken etc.

    Any other breaches apart from plain stupidity ?

    Not passed your test yet?
    Failure to give way. DWDCA.

    The Highway Code is rarely used to decide if someone has broken the law because most of the Highway Code actually has no weight in law and is merely a guide of best practice.
  • Passed my test decades ago.

    Despite a third party insurer admitting liability and settling a claim they now (months later) want to retract that admission and try and play games with me and my insurer.

    Third party hit my nearside but crucially not the front of my car as they pulled out into moving traffic without signalling nor it would seem checking whether there was any traffic they may wish to avoid.

    Despite all the evidence to the contrary, they are trying the old chestnut that there were no independent witnesses and thus make a move for subrogation.

    I'm just looking for arguments to head this off before it wastes more of my time.
  • Wig wrote: »
    Driving without due care and attention. Not sure what the highway code has to do with it?

    I would agree but my feeling is that such a charge would only come from police, who were not involved and that as a civil matter, there is no such breach except at common law.
  • pendulum wrote: »
    There will be loads of Highway Code guidance ignored doing that manoeuvre. The real question is, why is it necessary to list each broken rule? It's obvious pulling out from a layby in to the path of another car is the fault of the car pulling out.

    One would think obvious but in the mirky world of insurance, they will try to stiff you and any liability means an at fault claim which could cost thousands of pounds extra over the following five years.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    edited 18 February 2012 at 8:43AM
    Sounds like time to check up on what legal cover you have.

    Can you write to the other party and tell that if they insist they are not at fault you will then have to pursue them personally through the courts for all your costs and losses etc etc........

    CC to their insurer.

    Things like this would leave me incandescent with rage.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I'm just looking for arguments to head this off before it wastes more of my time.
    Are they suggesting they were parked halfway across the road and you did a handbrake turn into the front of their car.
  • Indeed. All the OP needs to do is ask them under what circumstances do they think would it be possible for their client to pull out with due diligence and run into a passing car that had the right of way, which their client had to give way to, halfway down the side of the vehicle. If I were the OP I would also say that if they think they're right, they are quite welcome to have their day in court.
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