Just had a crash, who's fault is it? Need advice please

opinions4u

Does your car have a near side wing mirror?

If so, why didn't you use it?

TrueUnitedFan

brat wrote: »

If you are saying she was always behind you but sped up to be alongside you, then tried to drive through you as you came off the roundabout, then its entirely her fault, especially if you were indicating.
However, it's a scenario that seems rather unusual, especially if she had just entered the roundabout. I would expect her to come on ahead of you, slower, and for you to catch her up as she got up to roundabout speed. It would then also have been easier for you to see her indication.

The thing is, I do not want to guess where she came on on the roundabout. She probably even came right round the roundabout. Who knowns.

I did not see her indication UNTIL impact had occurred..

dggar wrote: »

How were you able to see her indicators if she was right beside you. You said there was a passenger in your car.

I'm also supprised at how little damage ther appears to be on the car in post #15.

here are 2 links to crash tests.

http://www.youtube.com/watch?v=oXwu2FLc6wA&feature=relmfu

http://www.youtube.com/watch?v=-oPHNtgqiPA

The front crash is at 15.5Kph (about 11mph) and demonstrates the likely damage to the other car.

The side crash is at 31mph (which is not exactly the same as two cars colliding side to side) but makes me think your passenger was extremely lucky to suffer no injuries.

I did not see her indication UNTIL impact had occurred..

the second video the car that gets hit, is not moving so it's obvious it will suffer move impact it was more of a direct hit, compared to mine.

Jamie_Carter wrote: »

So you saw her indicating, but still tried to cut in fron of her??

I did not see her indication UNTIL impact had occurred..

I can't believe she is making an injury claim. It seems this way. What a ****.

I think I need to go an consult with a solicitor myself.

atrixblue.-MFR-.

you dont know where she came from now, but you catagorically state she was on the outside (passenger) of you on pulling out the junction with you before the collision states this in your pick of the airiel photo.

you saw her indicate, you didnt see her indicate, you didnt see her there but you saw her speed up.

as far as i'm concerned you didnt know what you were doing, as to make so many backtracks, on the phone i wounder?

being a newly passed, i thought you guys were suppose to know the be and end all with regards to driving so fresh in your minds, checking mirrors before exits, indicate in plenty of time, be aware of others in blind spots.

but as far as i can fathom you didnt know she was besides you, witch suggests you didnt look in any mirror or out any passenger side window, you clearly indicated as you were coming off instead of in plenty of time back down the road, and now you dont know where she came from on the roundabout but further back in your posts she was on the same entry road to the roundabout with you going by the google map you posted.

in my opinion, she was headed in the same direction as you, but instead of staying to your lane crossed lanes infront of her thus causing the collision.

TrickyWicky

TrueUnitedFan wrote: »

I did not see her indication UNTIL impact had occurred..

I did not see her indication UNTIL impact had occurred..

I did not see her indication UNTIL impact had occurred..

You seem adamant about telling us this. Did you (honestly) check your blind spot? - A lot of newbie drivers think its hogswash to bother checking it until something like this happens to them.

I was crossing Germany once with a driver who used to think blindspots were nonsense. As we were about to overtake a car he decided he was moving out into our lane as the front of the car was level with his rear door. He clearly didn't check his blind spot and almost caused a massive accident. The driver of the car I was in was F'ing and blinding like crazy cursing because the other driver hadn't checked his blindspot.. then I pointed out he does exactly the same thing - He now checks them religiously

Seriously, blind spots aren't an imaginary thing that your instructor tells you about just to make you twist your neck, they really do exist.

atrixblue.-MFR-.

by then the indicators the would be out of sight so again i cant see how you would see indicators when the they would be out of view by then!
how many times are you trying to justify your blame and shift it onto the other driver.

demonted

TrueUnitedFan wrote: »

Not my fault. I put my voluntary excess as 350 if insurance dexide in my favour do i still have to pay this. Also my potential NCB what will happen to this? Thanks

If your voluntary excess is £350, I'll guarantee your compulsory excess at 18yrs old will be £500.

So total excess will be £850, regardless of repair cost unless you shop around for cheaper quote but then you'll be paying for it out of your own pocket..

Normally pay excess to repairer but entire amount is recoverable from third party if decided your NOT to blame.

From your photo, your repair will cost at least £800.
In region of £1500 at a main dealers.

Although shop around and without replacing door, probably get fixed in region £500 or £600.

Door probably doesn't need replacing but its easier to do so.

However, for that kind of damage, it'll be very difficult to claim you're NOT to blame.

demonted

TrueUnitedFan wrote: »

Not my fault. I put my voluntary excess as 350 if insurance dexide in my favour do i still have to pay this. Also my potential NCB what will happen to this? Thanks

I believe only lose NCB if claiming for damage on your own vehicle.

Normally have to pay excess regardless unless you don't claim for damage to your own vehicle.

If decided you're not to blame and you have paid an excess you can recover this from third party, either instruct a Solicitor yourself or request it as part of your uninsured loss cover, if any, otherwise just write to third party insurers yourself and request the excess.

atrixblue.-MFR-.

i could of repaired the door with a dent puller and filler, but to what strengh it has on another impact is anyones guess.
the side impact bar has had it, you can see the door skin makes it visible, inside framwark will be detached from the skin (usually moulded on with blobs of putty and walded to inside outer frame work) and bent, a new door here would be advisable. getting one from scrappy self fitting it keeping the damaged one to show inspector and base the repair on just a spray and blend in job to minimise cost.

Wongsky

demonted wrote: »

I believe only lose NCB if claiming for damage on your own vehicle.

You may lose some NCB if a third party claims off your policy, too.

In this intance, though, at that age, he's probably got precious little NCB to lose.

NCB is only notional discount applied after premiums are calculated. Claims - whether at fault OR non fault will likely affect premiums before any NCB is applied.

spadoosh

The op is a shocking driver, your thread less than a week ago about how to try and get off drving through a red light or sppeding (you couldnt remember witch because you almost certainly were going to fast, not concentrating at all!)

You were warned then about your careless attitude to driving and appear to have taken little or no action to remedy consequently you have since had a car accident. Congratulations that it was not so serious, i honestly fear for other road users around you.

Maybe at some point, when everyone seems to agree that your a bit of a tool when it comes to driving you should not question the consensus but question the cause. As said earlier you might not have been the cause of this accident however i do believe you certainly couldve helped prevent it. By having to be in the quickest lane/moving the fastest you have voluntraily put yourself ina vulnerable position.
Im actually guessing that she came on the roundabout at the junction before the one you (op) left. You mightve have been going left but didnt signal untill late, she assumed you were going straight over, she sets off (to go straight over) and you indicate, dont see her for whatever reason and pull accross her. For insurance purposes a fairly genuine accident, fault should be apportioned to both parties.

BTW good luck beating the driving instructor. I have 100% faith in the credibility of the witness' involved, your getting diddly squat. Lets hope you learn a lesson along the way.