Am I responsible?

Tilt

Oli.s wrote: »

Op needs to clarify because there is a world of difference between being stationary, parked up at the side of the road and then doing a u-turn in the path of oncoming traffic from the rear, and travelling along a road then turning right into a junction and a car overtaking and crashing into the offside, its not really that clear which the op was doing as they say "turning right on the road(u-turn, if u like)".

Agreed. OP needs to clarify.

Angypangy1978

Obs had been done as required, no oncoming cars either behind or on the side of road to which I was turning. I apologized because I was in shock, wish I hadn't! I wasn't stationary either. I wasn't turning in to a junction either, was turning right on a main road with no others cars nearby, then suddenly this car hit me. Also, can I just ask, once insurance co deals or in the process of dealing with a claim, should either party be getting nuisance calls (waiting for answer then hanging up) and texts saying they want to know what has been said to insurer? Can I say I am being harassed? Thanks everyone for comments. I just want to know what to expect the outcome to be. I would much prefer to take 30% of blame than the full 100%. Suppose I will need to wait and see what happens. Thanks again

Tilt

Neither party should have the need to contact the other verbally once the respective insurance companies have been informed. If this is happening to you, save the text messages and try and record any telephone calls and if it is harassment, report the matter to the police.

Hintza

Unless you are shown to be 100% not at fault it doesn't really matter re NCD and future premiums.

Although this statement would worry me:-

Angypangy1978 wrote: »

....was turning right on a main road with no others cars nearby, then suddenly this car hit me.

maninthestreet

Angypangy1978 wrote: »

Obs had been done as required, no oncoming cars either behind or on the side of road to which I was turning. I apologized because I was in shock, wish I hadn't! I wasn't stationary either. I wasn't turning in to a junction either, was turning right on a main road with no others cars nearby, then suddenly this car hit me. Also, can I just ask, once insurance co deals or in the process of dealing with a claim, should either party be getting nuisance calls (waiting for answer then hanging up) and texts saying they want to know what has been said to insurer? Can I say I am being harassed? Thanks everyone for comments. I just want to know what to expect the outcome to be. I would much prefer to take 30% of blame than the full 100%. Suppose I will need to wait and see what happens. Thanks again

Cars don't materialize on the road out of nowhere - why did you fail to notice this vehicle approaching you?
Were you positioned just beyond a bend in the road?

Quentin

Hintza wrote: »

Unless you are shown to be 100% not at fault it doesn't really matter re NCD and future premiums ......

There is an "advantage" to liability being split rather than 100% your fault.

You can claim back from the other side a proportion of your excess and all other uninsured losses

Eg. If you are held 30% responsible then you get 70% of your uninsured losses from the other side.

Gilbert2

The driver that hit you was doing nothing other than driving on the road, you, however, were making a manoeuvre in the road, a u-turn.

It would have been your responsibility to make sure you were able to perform it safely.

I think you need to clarify that it was safe to do so, ie was there a blind bend in the road where you performed the u-turn? or something other.

Just because another driver smashes into you doesn't always mean they are at fault.

Performing an unsafe u-turn is similar to somebody just coming out of a junction without looking.

Sgt_Pepper_2

Gilbert2 wrote: »

The driver that hit you was doing nothing other than driving on the road, you, however, were making a manoeuvre in the road, a u-turn.

It would have been your responsibility to make sure you were able to perform it safely.

I think you need to clarify that it was safe to do so, ie was there a blind bend in the road where you performed the u-turn? or something other.

Just because another driver smashes into you doesn't always mean they are at fault.

Performing an unsafe u-turn is similar to somebody just coming out of a junction without looking.

They should be able to stop within the distance they see to be safe. So unless the op pulled out on them its probably the other vehicles fault.

Oli.s

Sorry but you say you had done your obs and there were no cars infront or behind or where you were turning. If that was the case where did this car come from?

The other driver will most likley simply say you didnt see him/her and pulled across his path, unless he was overtaking you on the wrong side of the road. But in any case you say there was nothing around you, he cant have just appeared from thin air unless you were on a sharp bend or otherwise had your view obstructed, unless you can come up with a very good reason as to how you didnt see a car that was undeniable there (it had to be, it crashed into you).

From your descriptions im really struggling to understand what you were doing, maybe you could do a quick diagram?

In terms of the call and texts, I would just ignore, if it becomes problematic inform the police, it wont have any bearing on the insurance claim or apportion of liability but you could still tell your insurance co if you like.



You still need to be clearer, were you driving along the road, then slowed down and started to make a u-turn to the opposite side of the road. Did you move over to the left to give yourself more space to make the turn, where exactly were you positioned and how much of the U turn had you made.

MentalMinnie

If this was on a residential street, the other driver shouldn't have been driving at more than 30mph, and should have seen the OP, UNLESS the OP was right on a blind bend.

Think the other driver should accept some responsibilty , if, the accident occured as the OP stated.