Accident at t junction! Who's fault?

two_empty_pockets

Hi. I need some advice on this one.

I was at a t junction in heavy traffic waiting to turn right, when the vehicle to my right stopped to let me out as it's a bit of a blind turn and also on the brow of a bridge, and the car on my left stopped to let me out as he wanted to turn right. I edge out slowly to make sure then just as I went to go a car appeared from the left (between the car on my left waiting to turn right and the curb) and we collided. I will add that it is a normal road not dual carriage way.

Is it my fault or the car that undertook the car letting me go from the left? I know the Highway Code says that you can overtake on the left if the vehicle is turning right and has moved across if you have enough room but it should still be done with caution.

I thank you in advance for your responses.

Tilt

Sorry but the simple answer to your question is yes, your fault.

Your only possible argument would be that the vehicle who the TP had undertaken, was NOT indicating to turn right. But then that would still put you 75% at fault in my opinion.

Netwizard

It sounds like you are at fault for pulling out without noticing the oncoming car

InsideInsurance

If I understand it correctly then if you are luck then it is 70:30 against you. The case law its based on is where the overtaking vehicle was approaching from the right but I doubt they'd bother arguing to differenciate it unless there are major injury claim involved

two_empty_pockets

Ok just wanted an answer because the other vehicle just appeared. I did creep out to try to see if anything was coming and didn't see anything. I'm annoyed at this because the road and junction itself are rubbish and the road doesn't even seem big enough to get to cars on the same side of the road.

two_empty_pockets

No injuries at all. I was literally going 5mph and my front bumper caught the other vehicles front wheel arch. It was so minute that I didn't even know until I saw flashing headlights in my rear view mirror...

OnanTheBarbarian

It is almost a reverse situation of the case of Harding -v- Hinchcliffe, which has the emerging vehicle at 100% liability.

The circumstances of your case can possibly be distinguished a little as although you had a continuing duty of care to give way and exercise extreme caution, you have to ask what lookout/ attention the other driver was paying in questioning the position of the car in front of him waiting to turn right and positioned at the centre of the road as well as the traffic stopped in the opposite direction.

Either way, the incident is going to be the majority your fault and a claim against you on your insurance record. So no chance of an outcome where your NCD or insurance record is not affected.

force_ten

I would say that it is your fault

when somebody stops and waves you out they think they are doing you a favour but as you have found out to your cost they have no control over what other road users are going to do and the onus is still on you to make sure the road is clear and it is safe for you to make your manoeuvre

Rule 163 of the highway code says

only overtake on the left if the vehicle in front is signalling to turn right, and there is room to do so

so the person that made the undertake did not break the law, as you are aware from your original post he was OK to make the undertake but he had no obligation to give way to you

you were making the manoeuvre so i would say that you are the person at fault

a sad situation caused by people trying to be helpful

Stoke

Wait, if the person hit you from the left, does that mean they've undertaken on the wrong side of the road?

force_ten

Stoke wrote: »

Wait, if the person hit you from the left, does that mean they've undertaken on the wrong side of the road?

they have undertaken a vehicle that was stationary and indicating to turn right which they are allowed to do as per rule 163 highway code

during the undertake they have hit a car that was entering their lane from the right

Retrogamer

Undertaking someone is when you pass them on the left, then pull back into their lane to gain advantage over them.
Otherwise it's simply calling passing on the left.