Who's fault is this accident?

satan666wayne

Who's fault is this accident?
I don't believe I was at fault as my lane to turn left at the lights was clear. The car came from the side street and hit me at the back behind the back door.

https://drive.google.com/open?id=1J8LiYjd0ysxN-fy2jtIQ0vgR_jFFSE4V

Not sure how to add the image.

unholyangel

Firstly, there is not necessarily an answer of one or the other parties being at fault. Both can be at fault.

But you will only be at fault/have any liability if your driving fell below the standard of that of a reasonably prudent driver (which is one that drives in accordance with the highway code).

From your diagram, the other vehicle failed to give way to vehicles already on the road they wanted to join. So they will have liability. Whether you will share that liability will depend on whether you did anything wrong that contributed to the accident.

AdrianC

They pulled out of a junction into the side of you...

Their insurance won't even try and argue that one.

satan666wayne

The driver of the car that let her out said I was going too fast and said something about me being in the wrong lane. I'm not sure how I could be in the wrong lane as my lane was clear.

unholyangel

satan666wayne wrote: »

The driver of the car that let her out said I was going too fast and said something about me being in the wrong lane. I'm not sure how I could be in the wrong lane as my lane was clear.

Those both could be factors that would affect your liability but the lions share would normally be with the emerging vehicle.

What was the driver of the other vehicle (the one that hit you) saying?

AdrianC

satan666wayne wrote: »

The driver of the car that let her out said I was going too fast and said something about me being in the wrong lane.

That's nice for them.

It's also completely irrelevant what they say. Just claim from their insurer.

daveyjp

Been there, I was the one hit. Other person 100% at fault. They also relied on a third party leaving a gap and wrongly assumed it was clear.

Just quote the Highway Code sections which relate to turning out of a side street.

PasturesNew

Somebody let them out, that's nice.

It's the responsibility of the one being waved out to further inspect the road they are joining to make sure everybody else is stopping for them/aware of them....

The one pulling out should have thought "Ah, bloke to the right's letting me out, that's nice - now, check a motorbike isn't overtaking him + check what the traffic to the left are doing ... then proceed with caution until somebody from the left has indicated I can join their piece of road"

You would've just had the expectation that he'd pull half way, stop/look/wait and slide in where appropriate/enabled.

Joe_Horner

PasturesNew wrote: »

You would've just had the expectation that he'd pull half way, stop/look/wait and slide in where appropriate/enabled.

Agree on everything, including (insurance) liability except for this last bit.

Personally, having seen this sort of thing happen often enough, I'd never be expecting that. In fact, my expectation would be for the person pulling out to see the gap that's been left, ignore everything else, and come straight across into the side of me.

But I've always been more interested in avoiding having accidents at all rather than avoiding being liable for them

dbdisomma

 I was recently in an accident on a country lane. I have a dash cam  which shows my view  i had a bend onmy left and was travelling down hill  the road was a single track road and i had. no where to pull in if needed. on coming traffic  was up hill and the bend was on  the left there was also a place to pull in some two hundred yards before the road narrowed again. Who i at fault if there is a collision?

AdrianC

dbdisomma said:

 I was recently in an accident on a country lane. I have a dash cam  which shows my view  i had a bend onmy left and was travelling down hill  the road was a single track road and i had. no where to pull in if needed. on coming traffic  was up hill and the bend was on  the left there was also a place to pull in some two hundred yards before the road narrowed again. Who i at fault if there is a collision?

Single track road, you meet where there's no passing place... BOTH of you stop. One of you reverses to the nearest/most convenient passing place.