Car accident - shall I stick to my guns?

mattymoo

vikingaero wrote: »

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.

Thats the case I was trying to remember but cannot recall the precedent. Can you remember the name?

cazziej

Hi there, I can totally sympathise with you on this one. My son was waiting to turn right off a main road into a side street. The car coming towards him flashed his lights and slowed. My son presumed he was letting him go and started to turn. The oncoming car then speeded up and crashed into passenger rear side of my sons car (with my 11 year old son in the back).

When my son got out, the other driver firstly apologised profusely and then said he was flashing my son to tell him to slow down; my son was stationary, waiting to turn right!!

Even the policeman who attended had a go at the other driver, although telling my son, that legally he was in the wrong.

My son has disputed liability and after the initial letter we have not heard anything since the beginning of March. Don't really know what will happen next.

Since that time (when my son got slated by virtually everyone on this site, for turning after being flashed at) I have made it a quest to watch what other drivers do in the same situation, either if I am watching them on the road, or if I am a passenger in a car. In 9 times out of 10 cases, the driver will turn after being flashed.

Hope things turn out okay for you.

Best wishes

Carol

welshdeedee

Thanks for that Carol. Hope things go well for you too.

My analogy is if someone opens the door to let you go out then as you try to go out they slam it in your face!!

I am arguing that I did not just rely on her flashing her lights. I ignored that and waited she did slow down and then stop and gestured to me to exit.

I'll keep you posted.

DeeDee

Iamthesmartestmanalive

cazziej wrote: »

Hi there, I can totally sympathise with you on this one. My son was waiting to turn right off a main road into a side street. The car coming towards him flashed his lights and slowed. My son presumed he was letting him go and started to turn. The oncoming car then speeded up and crashed into passenger rear side of my sons car (with my 11 year old son in the back).

When my son got out, the other driver firstly apologised profusely and then said he was flashing my son to tell him to slow down; my son was stationary, waiting to turn right!!

Even the policeman who attended had a go at the other driver, although telling my son, that legally he was in the wrong.

My son has disputed liability and after the initial letter we have not heard anything since the beginning of March. Don't really know what will happen next.

Since that time (when my son got slated by virtually everyone on this site, for turning after being flashed at) I have made it a quest to watch what other drivers do in the same situation, either if I am watching them on the road, or if I am a passenger in a car. In 9 times out of 10 cases, the driver will turn after being flashed.

Hope things turn out okay for you.

Best wishes

Carol

Unfortunatly just because its common doesnt make it right legally or insurance wise

The fact is insurance companies know what side to take here and whats the point in fighting it?

It just causes you more stress and the outcome will be the same

jonesMUFCforever

No claims is just that - not a no blame policy.
If you want to claim on the insurance I think it will count against you and you lose your no claims.
(Unless she agrees to pay everything which is highly unlikely).

welshdeedee

Fortunately I always protect my no claims.

Mrs_pbradley936

I am a member of IAM (Institute of Advanced Motorists) and one of the mottos is “All a flashing light can reliably tell you is that the bulb is working”. So sorry to add to the pile who think that it will be you that will be deemed at fault.

Also please make sure that you have legal cover in your insurance because if you are ever involved in a claim you will certainly wish you had. If you have it a solicitor is appointed and takes care of your claim, without it you have to do it all yourself and people do not respond as well to private requests for information as they do if it comes from a solicitor. That is one item that is well worth the extra.

Alias_Omega

Anyway, how bad is your car, are you getting it repaired, or a new one.?

I wish someone would crash into my car, we this week someone nearly did as i could hear tyres skidding hehind me, i stopped at a mini roundabout to let an old lady cross on my exit, i looked in the rear mirror and a car was travelling at i guess at excess speed, if he did though it sure would of been a right off, and my partner would of had the baby there and then. On the plus side though i would not have the hassle of selling it..

jackieb

I often stop, flash and let someone out of a junction if it's very busy. Does this mean that it's wrong to do this? I can't see how they would get out otherwise. I've often been in a line of traffic and almost every car will stop and let one car out of the junction.

movilogo

The headlamp flash is one of the most confusing signals! In many countries, it means flashing car wants its right of way!