Accident at t junction! Who's fault?

two_empty_pockets

No stoke because it was a t junction. I was very cautious about what I was doing which is why I was crawling out to allow me to see better mainly for a cyclist or biker, and there was not a vehicle the as I pulled out. The other car literally appeared. I would say they were traveling at about 10mph so not excessively, but if they would have looked they would have still seen me. But my question was who's fault because in my opinion although the other driver was not breaking any laws by doing the undertake, they still weren't paying attention. If they could hit me, a white car when all the cars around are black, then they clearly weren't looking and the high way code still states that when carrying out an overtake on the left of a vehicle indicating to turn right that caution must be taken. After all, the car waiting to turn had stopped with a gap to turn right but didn't. Maybe the other driver should have thought why. Is there another car, a pedestrian crossing, an emergency vehicle... Could of been anything but they just drove on past

Stoke

Ahh, got it. I'm afraid it's your fault, however your insurance may try and push 50/50. There's been a lot of open and shut cases where insurance have tried 50/50 just lately. See what happens.

Bantex_2

Bottom line is that yo appear to have pulled out of a side road driven into a car that was just correctly driving in a straight line. Cannot see how you can blame the other driver.

Retrogamer

Regardless if the car passing on the left of the stationary vehicle was paying proper attention or not, it was on a road that you were joining onto. It had right of way and the onus of liability for the accident would fall on you i'm afraid.

If you didn't see the vehicle before, and it was doing about 10mph how did it appear in front of you so quickly?

warehouse

two_empty_pockets wrote: »

But my question was who's fault because in my opinion although the other driver was not breaking any laws by doing the undertake, they still weren't paying attention. If they could hit me, a white car when all the cars around are black, then they clearly weren't looking and the high way code still states that when carrying out an overtake on the left of a vehicle indicating to turn right that caution must be taken.

The same reason you didn't see them, there was a great big car in between you. Sorry OP but it's your fault.

force_ten

two_empty_pockets wrote: »

No stoke because it was a t junction. I was very cautious about what I was doing which is why I was crawling out to allow me to see better mainly for a cyclist or biker, and there was not a vehicle the as I pulled out. The other car literally appeared. I would say they were traveling at about 10mph so not excessively, but if they would have looked they would have still seen me. But my question was who's fault because in my opinion although the other driver was not breaking any laws by doing the undertake, they still weren't paying attention. If they could hit me, a white car when all the cars around are black, then they clearly weren't looking and the high way code still states that when carrying out an overtake on the left of a vehicle indicating to turn right that caution must be taken. After all, the car waiting to turn had stopped with a gap to turn right but didn't. Maybe the other driver should have thought why. Is there another car, a pedestrian crossing, an emergency vehicle... Could of been anything but they just drove on past

so what you are saying is that you pulled out in front of a car that was not doing anything wrong and they hit you because they were not paying attention

sorry you pulled into their lane and they hit you so you are 100% at fault, you may have been suckered into this by people stopping and waving you out but as i said before they have no control over other road users

neilmcl

two_empty_pockets wrote: »

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.

Cars don't "just appear" out of nowhere, you clearly couldn't see the road clearly enough to make a safe manoeuvre in which case it was up to you to proceed with caution or wait. Your fault I'm afraid, as simple as that.

scaredofdebt

Did the other car have to go onto the pavement or anything to "undertake" the car turning right?

Clutching at straws here for you!

Personally I think the other car should have been taking more care as well as you but it does sound like it your fault unfortunately.

Bigphil1474

Same thing happened to my brother, but it was put down as his fault. What was worse was that he was in a funeral convoy so he was tryingto keep up with the other cars.
If the damage was only minor, why not try and sort it out privately, i.e. pay for their damage directly? No insurance involvement, no affect on ncd.

somethingcorporate

You were coming on to the main carriage way from a t-junction you were giving way from and hit a car on the main carriage way who you should have been giving way to.

Sorry, very much your fault here.