Car collision- whos at fault from an insurer POV

Ross1995

Hi all,

Query regarding a collision between 2 people on a private road pulling out onto a main road. Neither party is sure who’s at fault, but were wondering whether any of you guys know, and what final answer you’d expect from the insurer. Without trying to tell the story with bias this is what happened:

Person A is driving down the road approaching the T junction, person B is following Person A. Person
A is turning left, but to give them selves a wide angle, goes the the right hand side of the street before stopping at the end of the private street as traffic is approaching from the left. The reason Person A feels comfortable going to the right is the road isn’t very busy, and the wider Angle the better. Person B slowly approaches the junction and being potentially a bit silly, pulls up to the junction to the left of Person A, over a meter apart in terms of width. Person B is not as far forward as A however, and cannot turn left as he cannot see the traffic as Person A is blocking the view of oncoming traffic.

Person B is sat waiting looking directly at Person A for atleast 5 seconds, probably slightly more, but Person B does not look back she eventually decides to pull out, without checking his left mirrors or blind spot and pulls out. Person B beeps but it’s too late as Person A hits the stationary car of Person B and and damages the headlight of Person b and passenger side doors are dented on Person A’s car.

Person A argued that B shouldn’t have been there; why would he check left and it’s not fault of A whatsoever. Also, with it being a private street, you can go on either side of the road.

Person B however thinks it’s more Person A’s fault but probably expects joint liability. He does think he’s being a bit silly putting his car there however; Person A was on the wrong side of the road, B wasn’t. Person A was the car moving, and not only did not check his left mirror or blind spot, but also was the moving car, as Person B was stationary. The argument has been made that had it been pedestrian cross the road from left to right, it would require person B to check left. Person B was sat waiting for Person A to pull out or look at Person B for over 5 seconds

Just interested how this would be perceived. Or how you see it panning out.


Any questions please let me know, and questions please me know.

Thanks- ross.

alfie1950

Very hard to follow but...
1/. Person A was on the wrong side of the road.
2/. Person B was stationary.
It would probably go 50/50 but personally I would blame person A.

System

Was person A indicating left? If so, that should have alerted B, who was therefore at fault in placing himself in danger.


If A was not indicating then he was trebly at fault - driving into a stationary vehicle, incorrect road positioning, failure to indicate.

tempus_fugit

To me if B was stationary ( and had been for a reasonable time if the story is accurate) and A was moving then A is at fault. It doesn't matter if B shouldn't have been there, it's up to a driver to assess a situation before moving and act accordingly and that didn't seem to happen. Best to refer it to the insurers and let them argue it out.

Ross1995

Ok so I was Person B, the other driver was A. I don’t know if he was indicating, but as I knew he was, as he went to the right hand side (his argument is it’s a private road there are no lanes, it’s just a long road (size of a normal road, just gravel instead of tarmac) so he was just on the right side to give him a wide angle) and I thought I’d go to the left as actually a bit of a joke. Obviously it’s a joke gone wrong, but the fact Person a thinks I’m fully at fault when he didn’t check his mirrors or blind spot when pulling off, and crashed into a stationary vehicle, I don’t agree. Thanks anyway! One for the insurers!

Ross1995

*as I know who he was.

I think he probably was indicating too; so I wouldn’t go off that basis.

Carrot007

My view is unless they are an articulated lorry then they have no business going wide at junctions. Really annoies me. There are several around here I feear for my car when I am in the right lane.




On the other hand it sounds like and unmarked junction and not two lanes. There are also mamy junctions / roundabouts around here where people feel they have a right to create a lane that does not exist. (not to mention the ones with two lanes where they cut up the driver in the inner at the roundabout).



Even so hitting a stationary vehicle is always the other fault.




But insurance does not work on what is lawfully right. Just what costs them the least given the situation. So 50/50.

garth549

By far and away the two most important deciding factors in attributing blame are:

Who hit who (the person who hit the other will generally be held at-fault, unless the below clearly applies)

Who had right of way (eg did someone cross someone else's path over a give way line)


Obviously not all accidents are clear cut (like this one) and a lot will go 50/50 without independent witnesses where each driver has a conflicting story.

Zorillo

I think the admission the person B was positioning their car awkwardly as "a joke" means that responsibility lies squarely with them. Whether the insurance company agrees is another question.