Who would you say is at fault?

delirious

On Friday, we were on our way to visit family and having just got off the motorway, we were in the right hand lane about to approach a roundabout. This small escort type van was in the left hand lane with hazards on behind a car that had broken down. As I got in line with the rear of the van, the van put his indicator on, and pulled out without looking. The front of the van hit the side of our car in the middle.

The driver of the van is insisting it was my fault and kept saying "you should be in control of your vehicle" but I'm just wondering what you guys think.

I've got photos of both vehicles and the camera that I used has geotagging so can pin point the exact location that they photos were taken. I've already phoned my insurance company but I'm worried about getting my insurance to repair my car in case the other guys insurance won't cough up because then I'd lose my three years no claims and wouldnt be able to insure the car next year.

Sgt_Pepper_2

If he changed lanes as you describe it would be his fault.

david29dpo

Totally the other drivers fault (in my opinion)
Do you witnesses? (not anyone in your car)

opinions4u

You should be fine. Independent witnesses would help though.

The car changing lane is, in most circumstances, the one that should give way to those already in his destination lane.

Alias_Omega

Van driver, crossed into your path.

Would probably guess that the van driver positioned the van pointing into your lane, which then put you into his blind spot (the side panel of the van sticks out).

Insurance companies will sort this though, you could mention the highway code.

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070308

Lane discipline

133

If you need to change lane, first use your mirrors and if necessary take a quick sideways glance to make sure you will not force another road user to change course or speed. When it is safe to do so, signal to indicate your intentions to other road users and when clear, move over.

Quentin

Unless you make a claim your insurer is unlikely to pursue the third party.

You could see if an accident management firm will take this on and pursue the third party direct.

Mr_Thrifty

No wonder insurance is expensive, you lot on here seem to be crashing all over the place

SevenOfNine

That was pretty funny Mr Thrifty. Though I think insurance is expensive because people just can't admit they were in the wrong (& sounds like the van driver was). Costs rise rapidly when insurers have to start lengthy correspondence, argue back and forth etc, those costs just get passed on to the rest of us. In our case the moron who damaged our car drove away (oblivious to the fact that a witness had noted their car reg).

OP - too late now but you should look at protecting your 'no claims' in the future. Do you also have the legal cover with your policy, if so it would help make sure your corner is properly supported. They will handle recovering your uninsured losses as well (excess).

Did your insurer confirm the van definitely had insurance?

bris

The van driver will tell a different story and it may well go down as a bump for bump. Without an independent witness you may find it's too difficult for the insurance to take one story over the other. Legal cover may help, but even then they only agree to take on cases where there is a good chance they will win. Your geotagging photos are not going to help, accuracy can't be guaranteed.

Quentin

You may be right about the outcome, but if it's concluded as split liability it won't be "bump for bump". Insurers have stopped this.

Nowadays its done on the full % of each driver's liability.

waynedance

This is why I have fitted a video camera to my car, some say I am over the top but as these accidents prove it could be money well spent.

Good luck with your claim, looks like it was his fault from your description.