Accident; who's to blame?

jordanw_2

Good Afternoon All!

With two cars involved, imagine if you will: Car A was pulling out of a junction to turn right into a main road with medium traffic. Car B is driving towards the junction and indicates.

Car A emerges from the junction and the two collide because Car B was actually indicating to turn into a driveway after the junction.

If Car B is adamant they'd indicated after the junction.

How would this be perceived by insurers??

Thanks all!

SuperAllyB

Not an expert but I would say car A. I was always taught to wait until I was sure car B was actually turning before I pulled out.

facade

Both are at fault, car A more so, as it pulled out when it wasn't safe to do so.

The relevant Highway code rules are: for car B, 103

make sure your signals will not confuse others. If, for instance, you want to stop after a side road, do not signal until you are passing the road. If you signal earlier it may give the impression that you intend to turn into the road. Your brake lights will warn traffic behind you that you are slowing down

and for car A: 104

You should also

• watch out for signals given by other road users and proceed only when you are satisfied that it is safe
• be aware that an indicator on another vehicle may not have been cancelled.

However, without witnesses/dash cam footage, if car B swears blind that he didn't signal before the junction, then it should be 100% car A's fault.

neilmcl

Driver of car A, 100% at fault.

Fess up then, which one were you?

forgotmyname

As above car A should not have pulled out. But if car B is adamant they indicated after the junction then you need to bide your time and get that in writing and ask them how they managed to indicate after the junction when they didnt make it past the junction.

shaun_from_Africa

Irrespective of car B indicating, it is the responsibility of the driver of car A to ensure that it's safe to pull out before starting to move.


Personally I think that the insurers will hold the driver of car B liable.

DaveF327

Two important highway code rules to consider:

https://www.gov.uk/general-rules-all-drivers-riders-103-to-158/signals-103-to-106

103

Signals warn and inform other road users, including pedestrians (see ‘Signals to other road users’), of your intended actions. You should always

• cancel them after use
• make sure your signals will not confuse others. If, for instance, you want to stop after a side road, do not signal until you are passing the road. If you signal earlier it may give the impression that you intend to turn into the road. Your brake lights will warn traffic behind you that you are slowing down
• use an arm signal to emphasise or reinforce your signal if necessary. Remember that signalling does not give you priority.

https://www.gov.uk/using-the-road-159-to-203/road-junctions-170-to-183

170

Take extra care at junctions. You should

• not assume, when waiting at a junction, that a vehicle coming from the right and signalling left will actually turn. Wait and make sure

It sounds like both parties were at fault to a degree, but the bigger and more dangerous fault was starting to emerge when a vehicle was still approaching at some speed from the right in close proximity. Whether his little bulb is flashing or not, I just wouldn't go then.

Nodding_Donkey

Car A, 100% in the wrong.

rudekid48

Who the OP thinks is to blame, or anyone else on here, is irrelevant. The Insurers will agree on liability and in the absence of any independent witnesses it will be car A.

McKneff

I cant believe you had to actually ask the question, to be honest.

dacouch

I'm guessing car b is or will deny indicating.

Which would then leave both Insurers to look at the available evidence eg car A has pulled out of a junction and been hit by car B and the damage to both vehicle correlates with a car being hit that had pulled out of a junction