Car accident - shall I stick to my guns?

welshdeedee

I am hoping someone may offer advice and/or reassure to me on a recent accident (Thursday)

I was pulling out of my drive (turning right) a woman flashed her lights more than once slowed down and stopped to let me out. I looked left and couldn't exit my drive as traffic was coming. Within seconds a man flashed his lights more than once slowed and then stopped to let me out too. He told me (afterwards) he saw the woman do this thats why he did the same, to let me out.

I then looked right (she was still stationary) put my car into gear to exit my drive the woman on my right at the same time changed her mind and set off hitting my front left bumper. She stopped and I said to her why did you change your mind you were letting me out. She said "I know I know....I don't know why"

Details were exchanged and the man who stopped on my left will be a witness.

My car was taken away yesterday for asessment and now I'm battling with M&S and Fortis to get a hire car. The woman concerned has said she was not totally responsible. How can she say that when she stopped to let me go. To me its like someone opening the door for you only to find they slam it in your face.

I have comprehensive cover but no legal cover. I will not accept any responsibilty as I feel I am not at fault. She in my eyes is liable.

What do you think? Comments gratefully received.

mattymoo

Strictly speaking the flashing of lights is only used to warn other drivers of your presence and should not be relied upon.

There is some case law (cannot remember the case) about reliance on misleading signals. In that case, somebody was indicating to turn into a road. Other driver was hoping to pull out of that road. He relied on the indicators and started to pull out. Other driver changed mind and carried on.

Apportionment was something like 80/20. Driver emerging was 80% at fault for relying on signals. Other driver was 20% at fault for giving a misleading signal.

Sorry but it does not look good for you.

welshdeedee

Thanks

But even though she stopped her vehicle to allow me to exit my driveway?

DrFluffy

Doesn't matter I'm afraid (as !!!!!! as it is), at the end of the day, you're to blame, and you can't rely on the use of head lights to indicate that it is safe to go...

iceicebaby

You cant rely on her flashing lights to say you can proceed. She may have accidentally knocked the stalk for the lights or anything.

Unfortunately, In my experience, they tend to find the person in your position at fault in these cases.

vikingaero

Mostly your ultimate fault unfortunately. That said Courts are apportioning liability more equitably. For instance: you are at a T junction waiting to turn right. A car approaching from the right indicates to turn into your road. You pull out but there is a collision. A few Courts have said that the person indicating shouldered about 20-40% of the blame.

Iamthesmartestmanalive

Id prepare for your insurance company to pay out with blame apportioned to yourself 100%

Firstly an admission of guilt at the roadside wont make much difference , the insurance companies will become involved and will adopt the stance taken above that your to blame as you should have given way and lights dont count

As for courts etc, this case will never make it that far as the insurance company will pay out with you to blame

Alias_Omega

It is stated that in the highway code that the flashing of headlamps is used to warn others of there presence,

therefore the women could stand up and state that she stopped, flashed you iaw (in accordance with) the highway code rule? line? and then attempted to carry on driving as you were stationary on your driveway, when at the time she moved off to carry on when you pulled out on her..

100% in her case, plus injuries im afraid.

lets hope that she admits that she flashed to let you out, but you pulled out into the traffic and therefore caused the accident.

oh well..

welshdeedee

Will the fact that the independant witness has stated the reason why he slowed down and stopped to let me out, was because he saw her flash, slow down and stop first to let me out, help me at all.

Iamthesmartestmanalive

welshdeedee wrote: »

Will the fact that the independant witness has stated the reason why he slowed down and stopped to let me out, was because he saw her flash, slow down and stop first to let me out, help me at all.

Not at all

She could just claim as the highway code states that she saw a hazard, slowed down for safety reasons and flashed to make you aware of her presence

Unfortunatly for you , your very likely to end up with a 100% blame claim here

welshdeedee

:mad: :mad: :mad: