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Not sure whos at fault

Afternoon all,

i was in a collision last night with another driver.
i was behind him going the speed limit, and he looked to be pulling into a parking spot along the road which was alongside a t junction. He pulled to the left so i went to overtake and then as i was just pulling past he put the indicator on and turned into me.

i think im at fault, i had a passenger in my car which can verify everything but im questioning myself because of his actions, i.e. the pulling to the left, not putting the indicator, not checking his mirrors etc.

can someone advise me please.

thanks
«1

Comments

  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's obvious (from what you describe) you were too close and not paying enough attention.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 22 October 2017 at 1:26PM
    You shouldn't overtake at or approaching a junction, its in the Highway Code, although he does sound dozy and unaware of other vehicles.
    Some drivers do move right before turning left and left before turning right. Its rarely necessary.

    http://www.highwaycode.info/rule/167

    Rule 167

    DO NOT overtake where you might come into conflict with other road users. For example
    • approaching or at a road junction on either side of the road
  • i wasnt that close, i was more than 30 metres back on a 30mph road, doing the speed limit
  • thank you to both of you though
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    i wasnt that close, i was more than 30 metres back on a 30mph road, doing the speed limit

    You were too close at the time of impact.
    You were behind so you have some advantage in visibility, the indicatorsmay have been in operation, but in practice it can mean very little (it's not as if you may not have observed when a driver misoperates the stalk or forgets to switch it off, you may have even done so yourself).
  • DUTR wrote: »
    You were too close at the time of impact.

    Well if you weren't close enough at the time of impact you wouldn't impact would you???
    One man's folly is another man's wife. Helen Roland (1876 - 1950)
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    owen_money wrote: »
    Well if you weren't close enough at the time of impact you wouldn't impact would you???

    Obviously! The OP stated they were not too close if you read his post. ;)
  • ill tell you what happened,

    the gentleman in question was a delivery driver. id come round the bend and got to 30 mph as was the speed limit and he was a good 30+ metres infront of me, slowing down pulling left, so as i approached him i assumed he was going to pull into the parking spot on the left as there is a cemetry along the main road and people that live opposite it use the parking spots on the main road to park their cars. i assumed he was going to pull into one of them, so i approached him, made sure the road ahead oncoming was clear, and pulled out to overtake. as i was just inches from reaching him, he suddenly indicated right without warning, no brake lights, and turned, which was when he hit the passenger side door of my car.

    i understand i am at fault for overtaking at a junction, and have taken responsibility of the collision, as was my fault, but i was questioning myself because of what the passenger has told me today about what happened and about how he pulled left
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ill tell you what happened,

    the gentleman in question was a delivery driver. id come round the bend and got to 30 mph as was the speed limit and he was a good 30+ metres infront of me, slowing down pulling left, so as i approached him i assumed he was going to pull into the parking spot on the left as there is a cemetry along the main road and people that live opposite it use the parking spots on the main road to park their cars. i assumed he was going to pull into one of them, so i approached him, made sure the road ahead oncoming was clear, and pulled out to overtake. as i was just inches from reaching him, he suddenly indicated right without warning, no brake lights, and turned, which was when he hit the passenger side door of my car.

    i understand i am at fault for overtaking at a junction, and have taken responsibility of the collision, as was my fault, but i was questioning myself because of what the passenger has told me today about what happened and about how he pulled left

    There is a lot of assuming going on, inches away you are not going to see much more at that speed, which is a limit not a target, irrespective of fault, you want to be adopting a more defensive driving practice as once it's on your claims history it is often agro every time you want a new policy renewal.
    But all this you want to be saving for the underwriter, as nobody here reading will be finalising the claim.
  • Retrogamer
    Retrogamer Posts: 4,218 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Both at fault at least to some degree in my opinion

    You shouldn't overtake at a junction, and the other driver shouldn't turn right without checking their mirror
    All your base are belong to us.
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