Who is to blame?

B4TOo

In the north of England, last night....

I was at a T junction turning left. I was indicating and stopped at the white line. The right to me was clear however to the left, there was a parked car blocking my view. I had stopped at the line, as said, and then from what I could see being clear, I slowly edged forwards and began turning. It was a weird corner, however, I've never had problems there before. I slowly turned, staying on my side of the road and went towards the parked car - I did not overtake the car or anything and I was being slow.

However, a car that I was believe was speeding was driving quickly down the centre of the road and braked but because of his speed, we went into each other. He shouted at me and I reversed my car with my hazards on. I know that I hadn't gone past that parked car because when I reversed, I literally reversed a foot and then just steered to touch the pavement behind the car

I checked over both cars involved, the other driver and my passenger and there were absolutely no injuries or damage to the vehicles.

No to clarify, I was on my side of the road, I was going slowly and I did not see any damage to either car. I believe he was speeding and he was definitely not on his side of the road either.

He rang this morning demanding money for these "minor scratches on the car, just below the window and it was definitely caused by the incident because the car has never had a scratch on it." which is hard to believe as it is a 2004 car. I'm sure it's had scratches. And I have no scratches on my car, nor their paintwork on my car. I took pictures and there is no evidence of any scratches but he wants my money.

He said he's getting a quote on Saturday for how much I owe him and then I'm to pay it. If I don't, he will go to the insurance company and my insurance will pay out for the scratches and my insurance will go up. I explained to him (he's a new driver) that his insurance will also go up and it's likely his excess will pay for the scratches so there's no point in him doing this.

I have had a mechanic look at my car (privately) and he says there is absolutely no sign of any damage to my car, or that my car has even been in an incident. He looked at the pictures of the other car and nothing matches up, not that we can see any damage either. He thinks this is fraud.

But when I spoke to someone who worked in insurance 10 years ago, she said that this will be classed as a 'car leaving a side road' incident, no matter what the circumstances, it is 100% my fault so I will pay out for his scratches. But I swear the junction was clear as I left it, I know how to drive, but the parked cars caused me to not see as well, so I went slowly thankfully but he was going quickly and told me he needed to leave quickly too but I wouldn't let him go.

I posted earlier in the insurance part of the forums but posting here now as I'm more curious about if it is 100% my fault or not? I didn't swerve from the car because the car was going too quick that by the time I realised we were going to collide, I braked sharply and I was taught not to swerve. So yes we did bump but it was minor. However it was my right 'corner' of my bumper and his drivers door. My parents think he hit me but he's claiming I hit his car twice which I don't understand either.

Argh. Thoughts? Yes I know, let the insurance deal with it but if the insurance blame me, what does that mean for me? Because I don't want to give him my money when he really is just playing this on for money and he doesn't deserve my money! I hope he realises that it's not worth his insurance going up as it will go up no matter what.

Thanks. :j

[Deleted User]

https://forums.moneysavingexpert.com/discussion/5798531
plenty of answers on your other thread, I don`t see the need for a duplicate here.

Warwick_Hunt

treboeth wrote: »

https://forums.moneysavingexpert.com/discussion/5798531
plenty of answers on your other thread, I don`t see the need for a duplicate here.

Nick nick, the forum police.

Manxman_in_exile

I haven't read the other thread but, if I understand correctly, you were approaching a parked car on your side of the road, you weren't trying to overtake it, but then you and another car coming at speed from the opposite direction "went into each other"? And you think there was no damage to either car?


I can't quite visualise what happened...


EDIT: So your front off-side bumper made contact with his driver's door?

[Deleted User]

Warwick_Hunt wrote: »

Nick nick, the forum police.

Thanks "officer" let us know when you have something useful to add

B4TOo

Sorry if I haven't explained it very well, I'm shattered! Maybe it is best to see the previous forum I had posted, which someone has kindly posted above. I need to go and get some rest! My brain is in over drive with worry!

So I was edging whilst slowly turning left onto a road and as I got onto that road there was then a parked car (which had also blocked my vision as I was turning) so I went up behind that car, obviously not to close as I didn't even touch that car and needed the distance to see past it. I couldn't see past the parked car and needed to go round it. I was slowly edging to look past it to make sure it was clear so I must have been angled slightly ready to go round it but I hadn't yet gone past it but I know I was still on my side of the road. The other car was speeding or at least going too quickly for the road conditions and I don't think he saw me at first, because his braking wasn't enough. However I can't prove that. He was driving in the middle of the road going in a straight line so were the edge of my bumper at the right side was sticking out slightly, his car has driven straight and we've bumped cars, the side of his car and the right side of my bumper. However there were no visibile marks to his car, nor is there any damage to my car. And as I've said a mechanic has looked it over and says there's no damage.

I think it's a 50/50 personally. But the insurance lady worried me saying I'll get the blame 100% despite the guy being in the middle of the road and going quickly.

unholyangel

I may be getting the wrong mental image, but it does sound like the car not involved was parked too close to the corner/right on the corner, you've pulled out and hit the other car. If you'd had time to straighten up or he had driven into you, I wouldve expected there to be damage to his front bumper also. The fact your passenger saw the car long enough to think she could accurately tell they were speeding yet you said the car "came from nowhere" does not bode well. Im also having difficulty picturing what layout would be required where your passenger would clearly see them and you wouldn't unless you have a left-hand drive perhaps? Would explain a lot if that is the case.

Richard53

Sadly, you will be deemed 100% at fault. You were pulling out into the major road, and it was up to you to see if the way was clear, speeding traffic or no.


My wife was in an accident a few years ago. She was driving along a main road at a point where a side road entered from the right. She decided to overtake a slower vehicle, so she was on the 'wrong' side of the road. A car pulled out from the side road into her path and the cars collided - thankfully fairly slowly. I was in the passenger seat so I saw it all. To me, she was foolish to overtake at that point, and I was sure the insurers would decide 50/50. Not so; she made a full recovery of all her losses as the insurers deemed it 100% the other driver's fault.


Don't play this guy's game, though. Leave it to your insurers to sort it out. That's what you pay them for.

parking_question_chap

Dont give him any money, tell him to go through insurance.

tho_2

Sorry, but definitely you. You pulled into the road, you were going around the parked car (however much detail you go into how slowly you edged out). As said above, its on you to ensure its clear, regardless of what the other guys doing. In both you pulling out onto the main road, and going round the parked car, the other guy has right of way. But again, as above, leave it to insurance.

Warwick_Hunt

treboeth wrote: »

Thanks "officer" let us know when you have something useful to add

Pot kettle.

It must really hurt, the thought of you paying my wage.