Who is at fault?

Svein_Forkbeard

I think I know the answer to this but I thought I would see what the views are on here.

Very busy junction B road joining an A road and you have to take your chances when they arise.

I was at the give way on the B road waiting to turn right on to the A, clear for a good distance back from the left, checked right and transit van approaching indicating to turn left on B road.

I took my chance but he changed his mind and T boned me the car is written off. He denied indicating but later a chap approached me and said he was behind the van and the van did indicate.

No agro and details exchanged.

Thoughts please?

BeenThroughItAll

50-50 is how the claim will go, probably. End of the day, you shouldn't assume that an indicator means a turn, observation is more reliable.

z1a

My Dad had an incident like this 30 or so years ago, 100% his fault.

Manxman_in_exile

BeenThroughItAll wrote: »

50-50 is how the claim will go, probably. End of the day, you shouldn't assume that an indicator means a turn, observation is more reliable.

Absolutely. And I think 50/50 is a bit optimistic for the OP. I was taught never to assume that indicators meant a turn.


The OP says it's a junction where you have to take "your chances"... Oh dear! Chance taken and probably lost.

parking_question_chap

Was it an old or rental van?

Potential whiplash claim incoming?

Without the witness it would have been very easy just to claim he had not indicated.

Going back to the original question, its 50/50 at best.

Svein_Forkbeard

Manxman_in_exile wrote: »

Absolutely. And I think 50/50 is a bit optimistic for the OP.

I think 50:50 if I'm lucky. The way i see it is pulled out when unsafe to do so.

The problem at rush hour time ie after 4pm from Glasgow means if you don't take your chances you could be there for ages.

The road is due to be upgraded and a couple of roundabouts installed.

Svein_Forkbeard

Is there any benefit in 50:50? Would that make any difference to me? I will still have a claim.

comeandgo

I don't think 50:50. You pulled out in front of a vehicle, totally your fault.

qwert_yuiop

parking_question_chap wrote: »

Was it an old or rental van?

Potential whiplash claim incoming?

Without the witness it would have been very easy just to claim he had not indicated.

Going back to the original question, its 50/50 at best.

If you experience a sudden deceleration, like this van driver, your neck flexes. Whiplash results from an extension of the neck, caused by a sudden acceleration when struck from behind.

parking_question_chap

qwert_yuiop wrote: »

If you experience a sudden deceleration, like this van driver, your neck flexes. Whiplash results from an extension of the neck, caused by a sudden acceleration when struck from behind.

Did I say it would be a legitimate claim?

Svein_Forkbeard

parking_question_chap wrote: »

Was it an old or rental van?

Potential whiplash claim incoming?

No it was a 66 plate.

He was fine he helped me pick the car up and move it (rear) on to the pavement. The commuters we getting a but uppity after 10-15 minutes, beeping each other trying to get round my car.