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How to prove fault in an accident.

Just wanted some advice. I was in an accident and although I feel I wasn't at fault I wanted a few impartial opinions.

I was waiting in the middle of the road to take a right turn (traffic lights were green but no filter system so had to wait for oncoming traffic to clear). The car opposite started to turn and I could clearly see that there wasn't any more cars coming.

I started to turn and was hit by a mini. The damage to her car is the front passenger headlight area, and that impacted my passenger door and further along the car (totally buckled and won't be open any time soon).

She screamed "didn't you see me". The answer was that the road really was clear. After some though, since she came out of nowhere I think she might have been nipping a bit quickly to get through the green light. And in response, why didn't she see me since I was in the middle of the road.

I was being careful as it was an area I didn't know well so tend to be a little slower as I'm unsure of the road layouts/etc when in new area's.

From the sketch, who's fault do you think it will likely be deemed by the insurance people? Bit gutted.

https://www.dropbox.com/s/eu4e18ocr5k3cuv/Picture1.png

I'm the blue car, she is the green. First picture is what was happening, second is what took place (hopefully that makes sense).
I get what i want. That isn't because i'm a brat or spoilt. It's because i'm determined, i work hard for it and i achieve my goals!
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    If the car was approaching you and you turned across its path when the lights were green it looks your fault.

    To answer your title question you need an independent witness or cctv.
  • Bennifred
    Bennifred Posts: 3,986 Forumite
    Sorry, Sara, I think you were definitely at fault. :( It was the other driver's right of way and you turned in front of her.
    [
  • bigadaj
    bigadaj Posts: 11,531 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper
    OPs fault as above.

    I don't understand the text though did a car turn before you, a car can't come out of nowhere if they were progressing and you tuned across them it's your fault, unless they ran a red light, and even then it's arguable if it's close.
  • From the view I had (I was stationary in the middle of the road waiting for an opportunity to pull out) I'mm 100% certain when I started to make my turn the car was not in view. I could see maybe 200 yards in front of me before the road bends slightly obscuring the view.

    I was in the middle of the turn when she hit me. I suppose my problem is as far as I'm concerned I didn't turn in front of her, as she wasn't there!

    I've looked on google maps for CCTV but cannot see anything obvious. Was going to take a trip up over the weekend to double check this. Many people about but none of them stopped.
    I get what i want. That isn't because i'm a brat or spoilt. It's because i'm determined, i work hard for it and i achieve my goals!
  • Bennifred
    Bennifred Posts: 3,986 Forumite
    But if she wasn't there you wouldn't have hit her..........:cool:
    [
  • Bennifred wrote: »
    But if she wasn't there you wouldn't have hit her..........:cool:

    But if she was speeding to get through the green???

    Which I think is what happened but I cannot prove.

    I've had hundreds of cars pull out silly on me, the reason I haven't hit them is I've been going at an appropriate speed and aware of them. I don't think she saw me as, which some of you have pointed out, it was her right of way.
    I get what i want. That isn't because i'm a brat or spoilt. It's because i'm determined, i work hard for it and i achieve my goals!
  • tykesi
    tykesi Posts: 2,061 Forumite
    1,000 Posts Combo Breaker
    I suppose my problem is as far as I'm concerned I didn't turn in front of her, as she wasn't there!

    But you did. Because she was.
  • corbyboy
    corbyboy Posts: 1,169 Forumite
    Part of the Furniture
    But if she was speeding to get through the green???

    Which I think is what happened but I cannot prove.

    I've had hundreds of cars pull out silly on me, the reason I haven't hit them is I've been going at an appropriate speed and aware of them. I don't think she saw me as, which some of you have pointed out, it was her right of way.

    But from your description she didn't "pull out silly" on you, she was travelling straight on.

    She didn't come out of nowhere.
  • tykesi wrote: »
    But you did. Because she was.

    Ok, I will phrase it differently. She was there, but not within sight when I started to turn.
    I get what i want. That isn't because i'm a brat or spoilt. It's because i'm determined, i work hard for it and i achieve my goals!
  • goonarmy
    goonarmy Posts: 1,006 Forumite
    Youve pulled across her. How fast would they have to have been going to appear from out of veiw to to impact before you see them? Speed of light?
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