Car accident - who is at fault

ohreally

jayencee wrote: »

Hopefully there is CCTV footage.

After this has settled, learn a lesson and get a recording device installed.

JustinR1979

She needs a witness to come forward, sort it out dad...

Tilt

jayencee wrote: »

Because my daughter said he was slurring his words whilst he was shouting at her before the police arrived. Unfortunately for her, the witnesses in the cars behind her were too busy to give their details to be a witness for her although they said to her that they had seen what happened. Hopefully there is CCTV footage.

I reckon that the police would be particularly looking for signs of alcohol when attending an RTA. As a matter of interest, why did the police attend?

sh0597

Without any witnesses or CCTV it is most likely to go 100% in favour of the other driver.

jayencee

Police were called because other driver was being quite threatening. Seems to be a mix of opinions, will just have to wait & see what insurance co decides.

jayencee

Tilt wrote: »

Equally they may of considered issuing a FPN to your daughter for causing an unnecessary obstruction. Does she think that it is acceptable to block the road in those circumstances?

BUT obviously that dosn't mean that car A was not at fault for colliding with a stationary vehicle. In the absence of witnesses, I reckon the insurers will go 60/40 in favour of your daughter going on what you have said.

There wasn't any traffic coming from the right when she pulled out. Don't most people do that anyway?

Captaincodpiece

jayencee wrote: »

There wasn't any traffic coming from the right when she pulled out. Don't most people do that anyway?

Or put another was she didn't see any?

JustinR1979

jayencee wrote: »

There wasn't any traffic coming from the right when she pulled out. Don't most people do that anyway?

If there's no traffic coming from the right, there's no need to pull halfway across - just wait until both ways are clear.

sh0597

If she was stationary in the road for a reasonable length of time and the other driver really did drive into her then the other driver is completely at fault. It doesn't matter if she stopped to have a sip from her hip flask or make a phone call, all drivers must proceed with care and be able to stop in the distance they can see is clear which means not driving into an obstruction.


The thing is, the other driver is unlikely to give that as their version of events and on the balance of probabilities it is far more likely that the car emerging from the junction was at fault and that is how it is most likely to go.