Car accident, not my fault, my insurance wants me to take the blame - what to do?

keith1950

Hi , just to understand more clearly......did you signal\move over to the white line in the centre of the road before starting your turn ?

If that was the case then the other party would have been on the wrong side of the road when he went past you and therefore would usually be in the wrong.

If you started your turn before moving to the centre of the road then you will probably be held liable.

So the important question is, if you had not started your turn could the other party have passed without driving on the other side of the road ??

Sorry , I have just re-read your post and it would appear you started your turn before you were in the middle of the road so the other party could reasonably say that you started to cross in front of him !! Slam Dunk.

emilyjames

Some evidence is necessary under such circumstances as it is liable to make up with insurance policies because insurance policies require some wittiness but it is better to continue handwork from your side.

dunstonh

We have a few roads in our area which are wide enough to carry two lanes each side without being marked as two lanes.

If you were fully on the right side of the two lanes and indicating then it would be difficult to see how you could be at fault. However, if you were in the middle or left of side (therefore giving space for a vehicle to pass on right) then you would be at fault.

Your post indicates you were not driving on the right of the lane and effectively crossed lanes in front of another vehicle. There doesnt need to be lines to indicate a lane.

BertTheRaccoon

The problem on this claim is proof.

You cannot prove where you were positioned in the road and the likelihood is that your insurers are going to end up having to at least deal with a percentage of the other party's claim.

The damage to the other car, which starts along the side of the car is consistent with you moving into the side of their passing vehicle.

This case would probably be a 50/50 at best if it went to a small claims hearing. This still leaves you with a black mark against your insurance record as your insurers endure an outlay, so it counts as a fault claim.

You say the car coming in the opposite direction also stopped. I would submit this suggests the action all took place on your side of the road, otherwise this overtaking vehicle would have been on course for some head on action with the approaching vehicle surely?

This could well be one to chalk up and move on

riccume

Thanks all for your comments, they really helped me better frame the situation. So it would seem that a) according to the letter of the law I might have been at fault, regardless of how slowly and cautiously I was driving and how (in my opinion) reckless the other driver was and b) even if I wasn't at fault, it will be really difficult to prove it and at best I'll get to share the liability.

As tough as it is for me to say this, it does seem to be "one to chalk up and move on"... I'll update this post any relevant developments.

notanewuser: sorry but I prefer not to specify the exact location, I'm a little obsessed with privacy. Yes, I remember checking the rearview mirrors including the blind spot; I can only imagine that I was moving slow enough that the other car had the time to get closer and then try to squeeze between my car and the middle of carriageway line.
keith1950 and dunstonh: difficult to answer your question precisely. Yes, there was some space between my car and the middle of carriageway line before I started to turn but in all honesty I cannot remember whether it was enough for a car to drive through or not.
BertTheRaccoon: I agree with you, certainly the other car did not fully cross the middle of carriageway line otherwise it would have hit the car in the opposite lane.

notanewuser

riccume wrote: »

notanewuser: sorry but I prefer not to specify the exact location, I'm a little obsessed with privacy. Yes, I remember checking the rearview mirrors including the blind spot; I can only imagine that I was moving slow enough that the other car had the time to get closer and then try to squeeze between my car and the middle of carriageway line.

It's a Central London street! How will that impact your privacy?!

You can't see the blind spot in your mirrors - you have to move your head and look over your shoulder. Had you done that I don't know how you could have missed the other car coming up alongside you. Unless he was doing 100mph+ or you were there for over a minute you should have seen him.

riccume wrote: »

keith1950 and dunstonh: difficult to answer your question precisely. Yes, there was some space between my car and the middle of carriageway line before I started to turn but in all honesty I cannot remember whether it was enough for a car to drive through or not.
BertTheRaccoon: I agree with you, certainly the other car did not fully cross the middle of carriageway line otherwise it would have hit the car in the opposite lane.

These 2 statements contradict each other. If there was space for a car to get between you and the white line, you can't have been anywhere near far enough over.

I'm very glad I don't drive in Central London anymore!

Buzby

Another case I'd suggest a £50 car DVR fixed to the windscreen would assist the insurer reach a conclusion.

This can provide front AND back images on the same frame and will show I'd the car that hit you was acting unreasonably - after the event though it won't do much.