Waved out at junction... who is at fault.

Armagh

Hi, looking some advice on responsibility. 
I was involved in a small prang coming out of a petrol garage. I was waiting to pull out, to turn right across two lanes of traffic to the opposite two lanes. A bus stopped which I couldnt see around so its driver waved me out. I "suggested" twice "You sure?". He waved me on again, so I crept out but then managed to scrape a car coming up the outside of the bus. The bus driver put his head in his hands then drove on after the cars had been shifted as it was a very busy road.
Is the responsibility 100% my own, or is there any comeback against the bus driver? 
Looking any advice. Much appreciated.
A

Carrot007

100% you. Do not move unless safe no matter what other people gesture.

Also you have a desire to send me all your money. (You seem to be open to suggestion ;-) ).

Ebe_Scrooge

100% you, no question.  It's the same as when people flash their headlights at you to "wave you on" - it means nothing, it's completely down to you to make your own assessment of the situation.

AdrianC

Highway Code rule 111 applies to "waving" just as much as flashing headlights.

onlyfoolsandparking

I've never made any manoeuvre based on someone 'waving' me out but that could be because I ride a bike where making those kind of manoeuvres can ultimately result in a 'bit more' than a scrape!

JustAnotherSaver

Of no use to you now but this is why even if someone is flashing me to come out, if i think there's potential for something to go wrong - such as i can't see if anyone is crossing or a car may overtake them then i just signal for them to get a move on.

It's also one of the reasons i generally don't let anyone out. The other reason is that barely anyone thanks you these days so for those that don't - everyone can lose out as far as i'm concerned. Manners cost nothing.

Ones that annoy me are people such as my wife. There'll be the usual stream of traffic behind you and you stop to let someone out. No problem.

But then you get people like my wife where there's sod all behind you and the person just stops. Then the person coming out is all confused because why didn't you just go and now you're both sat there looking at each other thinking a) why aren't they coming out and b) why did they just stop, are they letting me out? Why didn't they just go when there's a big gap behind them.

Or even worse than that, again my wife is guilty of this, is letting people to your left go first on a roundabout. No wonder they're not going, they're waiting on you going first because you're on the right and nobody in their right mind lets anyone on the left go first.

Rant over.

ElephantBoy57

Armagh said:

A bus stopped which I couldnt see around so its driver waved me out. I "suggested" twice "You sure?". He waved me on again

Even if you were both using British Sign Language, it's still your fault.

Sandtree

Not even sure what a "you sure?" gesture looks like....

Almost certainly 100% your fault... I dont have my case law book with me any more but I do recall a case that was similar which was settled 90%/10% against the emerging driver (you) with 10% on the passing vehicle... in the original case the person that did the waving out was found partially responsible too but it was overturned on appeal.

If its a minor prang its almost certainly not worth fighting over getting a 10% allocation as be it 90% or 100% your fault it'll have the same impact on your NCD, premiums etc

Scrapit

What did the driver that you hit say when you swapped details?

Car_54

Sandtree said:

Not even sure what a "you sure?" gesture looks like....

Almost certainly 100% your fault... I dont have my case law book with me any more but I do recall a case that was similar which was settled 90%/10% against the emerging driver (you) with 10% on the passing vehicle... in the original case the person that did the waving out was found partially responsible too but it was overturned on appeal.

If its a minor prang its almost certainly not worth fighting over getting a 10% allocation as be it 90% or 100% your fault it'll have the same impact on your NCD, premiums etc

If we're thinking of the same case, the passing driver was clearly wrong to be overtaking on the approach to a junction (HC 167).

The OP's circumstances are quite different - it wasn't a junction.

Marvel1

Sorry to say you.

Ignore anyone advising you to go - especially when you want to go right end of ajunction and they want to turn right and signal you to go - they just want to make the turn easier for themselves, stuff them.