Am I right or Am I Wrong?

MidgeUK

Last night I was involved in an accident.

I’m turning right on to the carriageway.

I have waited for all traffic to clear completely from the carriageway that I'm about to cross, the lights for this carriage way about 1/4 of a mile + away are on red so cars cannot come. I sit stationary in that carriageway waiting to be able to get into the other carriageway. I have my lights on and my indicator going, some traffic passes and finally a car flashes me to come out. I wait to make sure the car is stopping for me, I was about to take my foot of the break and a car has comedown the carriageway that I'm already sitting in not seen me, swerved into the oncoming traffic to avoid me and then to avoid the oncoming traffic has pulled back into the lane I am sitting in and hit the side of me.

He has come from my right, swerved into the other lane and ended up hitting the passenger side of my bumper at some speed. I was completely still hadn't moved my damage is moderate his is a scuff on his passanger side wheel arch.

Who's at fault? If I had turned in front of him I agree it would have been my fault but I was already there and stationary, he has hit my passenger side not my drivers side and I was going right.

I was already established in my position blocking the carriageway that was previously clear.

Please help.

MidgeUK

Just to confirm, I have come from a minor road and are sitting across the one lane of a major carriageway, which as stated before was completely clear when I entered the carriageway.

Little_John

Your description is slightly confusing and doesnt paint a great picture of what happened. Ensure you draw a picture of positioning in the road and send it to the insurance company while things are fresh in your head. From your description this is how I see it what you described


So you are crossing the lane of traffic and are waiting in one of the lanes or are you waiting in the road you are turning right from? your description says you are where I have put you sat in a lane of traffic. therfore you are in the wrong should anyone hit you coming from the right. you should have been where you were.

You also shouldnt have waited for the car that flashed you to stop before proceding that puts him at risk of being rear ended sat waiting for you to move.

the swerveing car moved over to the right to avoid you, saw a "stoped"? car and moved back over to the left and hit you?

Like I said come up wiith a diagram showing all positionings and directions of traffic movements they made etc possible speeds, road and weather conditions visibility as much as you can as the insurance companies will wnat to know, If my drawing is correct I belive you were in the wrong as you were sat in a lane where you shouldnt have been.

But please correct me if I am wrong.

Poppy9

If you were obstructing the highway then you are wrong. Based on the diagram below (if it's correct) I cross a road like this daily. Once I decide it's safe to cross the road I have to continue and would not stop. See loads of accidents on this junction as too many cars concentrate on crossing one side of the carriageway without watching the whole road. You can't just stop in the middle of the road.

MidgeUK

The picture you have done is basically correct, however, this is a road where you would sit for a whole week for it to be totally clear both ways.

I did sit blocking/obstructing the carriageway, however I only did this as the road was totally clear, there are no box junctions or anything like that stopping you from doing this.

I didn't wait for the car that flashed to stop I waited to make sure he/she was slowing down, as not to just pull out in case he/she a knocked there lights or warned me of their presence. The vehicle that hit me had at least 1/4 to see me and had all this time to react as I was a stationary vehicle with my lights on and my indicator on.

I had already claimed my position on the road and are now beginning to think that the other driver did see me he just couldn't be bothered to wait for me and so went into the path of on coming traffic not realising there was a car there and so swerved back into the lane he should have been in causing damage to my vehicle.

If he had seen me and wanted to avoid me surely he would have steered to the left into the minor road which has wide lanes, or tried to fit behind me as again the lane is quite wide.

My insurance company have stated that even though I were obstructing his path I did so way before he was anywhere near me and the fact that I were stationary when he hit me makes it his fault, however I'm after everyone else’s opinions as the other driver is stating I turned right in front of him, having said that, if I had turned right in front of him then he would have hit my drivers side, even if he swerved if I continued I would have hit his passenger side with damage to my drivers side, possibly the front of my car, but the damage is between his passenger wheel arch and passenger door and mine is the front bumper on the passenger side.

Little_John

OK
you were wrong to move across the road when your exit wasn't clear, I know there wasn't a box junction but you were wrong in that part of the manoeuvre. You should drive in a way that doesn't cause other road users to alter speed or direction. sitting in the lane does that.

The car that hit you, your claim of having your lights and indicators on doesn't really mean much on an average care from the side you will only see the repeater indicator just behind the front wheel so he may or may not have seen you. The other driver probably wasn't paying enough attention to the road and that is why he swerved to avoid you rather than slowing down to stop.

You need to prove that you didn't just pull out in front of the other driver, the only person that can give you that proof is the driver of the vehicle that flashed you to join the other carriageway I hope you got their details but your comment "I waited to make sure he/she was slowing down" as you don't know the sex of the driver you didn't get any details I expect. Did the police turn up? I know they normally only turn up if there are injuries but maybe there is a report.

The damage you describe gives 2 possibilities, you drove in to the side of him and just clipped him or he drove across the front of you. which is what your saying as he swerved round your front.

Advice for the future, buy a disposable camera, phones and digital are no good for evidence take photos of everything just in case you have any problems. I have stopped carrying a camera as I have used them all so far I haven't needed one since I decide not to carry one.

All you can do is contact the insurance company give them the other drivers details, tell them what happened, any witness's details, give diagrams etc and let yours and his insurance companies fight it out.