Involved in a car crash today. Am I at fault?

Retrogamer

How long had you stopped for when the car collided with you?

GothicStirling

The other driver was travelling down the road, what speed he was doing is here nor there, and not doing anything wrong in doing so. The responsibility was not on him to stop. It also doesn't matter if you where stationary, you took a risk edging out, your bumper was protruding and caused an obstructing. It was your responsibility to make sure the road was clear before pulling out, not his when he was doing everything correctly. Can't see any way he was at fault, and if it where me I would fight any attempt at 50/50, even if it meant going to court.

Silver-Surfer_2

GothicStirling wrote: »

The other driver was travelling down the road, what speed he was doing is here nor there, and not doing anything wrong in doing so. The responsibility was not on him to stop. It also doesn't matter if you where stationary, you took a risk edging out, your bumper was protruding and caused an obstructing. It was your responsibility to make sure the road was clear before pulling out, not his when he was doing everything correctly. Can't see any way he was at fault, and if it where me I would fight any attempt at 50/50, even if it meant going to court.

So it's ok to drive into stationary vehicles as the car moving has no need to stop?

Ever?

Cornucopia

Fault will come down to whether the other driver was going too fast to stop within a reasonable 30mph stopping distance or the OP's "stationary" time was too short for it to be relevant in terms of causing the collision.

Though if there's dispute between the parties, the Insurers will no doubt go 50/50.

bigjl

Yes you are at fault.

How could you assess his speed when your observations weren't good enough to spot him before a collision was inevitable.

The reason the dent is only on the back of his car is because you pulled out further after they had got half way past you.

angrycrow

Sorry to say it but with the damage you describe your insurer would not fight this for you. His car can not drive sideways into you, which suggests that you did continue pulling out as he was passing. It is not even a 50/50 as whilst there is a dispute between what each driver claims happened the vehicle damage only supports one of those versions.

It is amazing how the other car is always speeding when the person pulling out has not seen it until impact. In fact 99% of the time the other car was traveling at a perfectly reasonable speed and the person pulling out simply missed it in a blind spot. Phrases to avoid when speaking to insurers,

He appeared out of nowhere (I did not look before making my manoeuvre).

He was speeding so I would have had time if he was travelling at the speed limit (if you could tell he was speeding why did you pull out).

The pedestrian / car / object was not picked up by my reverse sensors / parking camera (were you not looking out the rear of your car and using your mirrors).

On a final note to the OP make sure you report it to your insurers even if for info only and that you declare it to any insurers who quote in the future. If he reports it to his insurer for info only it will go on the insurer database and any future insurer will be able to see it. Not declaring it will then lead to potential voidance of your new policy with very expensive consequences.

Prothet_of_Doom

Sounds like he was driving too fast for the conditions, but as no witnesses, it's all YOUR fault.

Note to self MUST buy dash cam.

dannyrst

angrycrow wrote: »

Sorry to say it but with the damage you describe your insurer would not fight this for you. His car can not drive sideways into you, which suggests that you did continue pulling out as he was passing. It is not even a 50/50 as whilst there is a dispute between what each driver claims happened the vehicle damage only supports one of those versions.

It is amazing how the other car is always speeding when the person pulling out has not seen it until impact. In fact 99% of the time the other car was traveling at a perfectly reasonable speed and the person pulling out simply missed it in a blind spot. Phrases to avoid when speaking to insurers,

He appeared out of nowhere (I did not look before making my manoeuvre).

He was speeding so I would have had time if he was travelling at the speed limit (if you could tell he was speeding why did you pull out).

The pedestrian / car / object was not picked up by my reverse sensors / parking camera (were you not looking out the rear of your car and using your mirrors).

On a final note to the OP make sure you report it to your insurers even if for info only and that you declare it to any insurers who quote in the future. If he reports it to his insurer for info only it will go on the insurer database and any future insurer will be able to see it. Not declaring it will then lead to potential voidance of your new policy with very expensive consequences.

Prothet_of_Doom wrote: »

Sounds like he was driving too fast for the conditions, but as no witnesses, it's all YOUR fault.

Note to self MUST buy dash cam.

Unless I've skipped over an important part to this story, it would actually be quite easy to only damage part of his car at the rear. If he's driving along, narrow road as explained by OP, tries to fit through the gap between slightly pulled out car of OP and other side, scared of hitting car on other side so whilst passing OPs car, he turns slightly and therefore the rear of the car scratches the front of the OPs car.

So no, it might not be the OPs fault but proving all of that? Hmmm. Perhaps they would settle 50/50, but it would mean going via insurance because it sounds like the guy is one of these people that just assume they can crash into people on purpose and it isn't their fault.

jb66

I had a similar accident when I was driving a work van.

It was settled as 100% fault of the person pulling out into moving traffic.

The woman stated I "came flying along the road" "came out of nowhere" but my tracker showed 21mph.

Retrogamer

"they came out of nowhere" usually translates to "i wasn't looking properly"