Who is at fault?

EssexExile

If he was so close that he couldn't stop I wouldn't have pulled out in front of him, just in case. Come to think of it, if he was going so fast that he couldn't stop, surely it would be obvious that he wasn't going to be turning?

dacouch

z1a wrote: »

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

Is the correct answer.

The chances of it being 50/50 are very remote unless the van driver states he was indicating to turn and experience tells me the van driver is very very unlikely to tell his Insurers he was indicating

qwert_yuiop

parking_question_chap wrote: »

Did I say it would be a legitimate claim?

Any attempt at a whiplash claim would be thrown out.

Warwick_Hunt

qwert_yuiop wrote: »

Any attempt at a whiplash claim would be thrown out.

I doubt it, it’ll be cheaper for them to pay out a few grand.

DoaM

BeenThroughItAll wrote: »

End of the day, you shouldn't assume that an indicator means a turn, observation is more reliable.

It would be different if the OP observed the indicator coming on ... if OP simply observed an existing indication then I agree.

As to whether 50:50 holds any benefit for the OP ... it means that you can claim 50% of your losses (e.g. excess) from the other party's insurer; likewise they can claim 50% of theirs from yours.

Car_54

DoaM wrote: »

It would be different if the OP observed the indicator coming on ... if OP simply observed an existing indication then I agree.

How would it be different? Drivers frequently (and wrongly) indicate left before a junction when their intention is to pull in or turn into an opening after that junction.

z1a

Car_54 wrote: »

How would it be different? Drivers frequently (and wrongly) indicate left before a junction when their intention is to pull in or turn into an opening after that junction.

Junction like that near where I work, I'm waiting to pull out onto main road from side street where there is another side street 20 yards to my left. At least 50% of cars approaching from my right are already indicating left before they get to me and they're taking the next left.

glentoran99

qwert_yuiop wrote: »

Any attempt at a whiplash claim would be thrown out.

based on what?

foxy-stoat

Either 100% your fault or 70/30 if you can get an independent witness/dash camera to confirm that his indicator was on and it looked like it was the intention of the driver of the van to turn right and changed his mind at the last few seconds.

MEM62

Svein_Forkbeard wrote: »

but later a chap approached me and said he was behind the van and the van did indicate.

Which tells you nothing other than his indicator bulb was working. It is your responsibility to ensure that the way is clear before pulling out and you did not.