Car Accident. Advise and is it my fault?
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beeknees20
Posts: 1 Newbie
in Motoring
Driving early on today in city centre.
Approaching a set of traffic lights, can see a car speeding up behind me from a distance. Im getting into the correct left lane as i clear the traffic lights on amber, look in my mirror and its clear and move across.
Car behind me goes left also and I end up clipping his drivers door. He was going very fast and in liklihood skipped the red light and for sure over the speed limit of 30. Got out and it was a taxi driver who claims he was in a rush to get a client.
exchanged numbers and said I would call him later, took pictures of the damage which wasnt massive and we both agreed that lets get some quotes on both and see what the damage is before we make a decision
A few hours later, ive been inidated with calls from his insurance or claims. I rang him up and he said its out of his hand and its up to his work for the insurance.
I guess its my fault for clipping him. But he was also breaking the law in regards to speed and possibly skipping light.
To make matters more confusing I dont know where i stand with
Fully comp insurance, im a named driver on churchill, and my father has NC protection
I guess excess only. But would you contest? is this 50/50 or is it simpy all my fault. Im not so sure when looking over the facts. Would love to know what people think
He did try overtaking on the left which I believe is his fault on a dual carriageway (2lanes) and exceeding the speed limit (cant prove) but I was on 30 which was the limit on the road.
Any advise would be great. Is it my fault entirely
Approaching a set of traffic lights, can see a car speeding up behind me from a distance. Im getting into the correct left lane as i clear the traffic lights on amber, look in my mirror and its clear and move across.
Car behind me goes left also and I end up clipping his drivers door. He was going very fast and in liklihood skipped the red light and for sure over the speed limit of 30. Got out and it was a taxi driver who claims he was in a rush to get a client.
exchanged numbers and said I would call him later, took pictures of the damage which wasnt massive and we both agreed that lets get some quotes on both and see what the damage is before we make a decision
A few hours later, ive been inidated with calls from his insurance or claims. I rang him up and he said its out of his hand and its up to his work for the insurance.
I guess its my fault for clipping him. But he was also breaking the law in regards to speed and possibly skipping light.
To make matters more confusing I dont know where i stand with
Fully comp insurance, im a named driver on churchill, and my father has NC protection
I guess excess only. But would you contest? is this 50/50 or is it simpy all my fault. Im not so sure when looking over the facts. Would love to know what people think
He did try overtaking on the left which I believe is his fault on a dual carriageway (2lanes) and exceeding the speed limit (cant prove) but I was on 30 which was the limit on the road.
Any advise would be great. Is it my fault entirely
0
Comments
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It's going to be 50/50 as the insurers will not be able to prove who did what. He was overtaking on the inside, but you changed lanes without being sure that it was safe to do so (in retrospect).
As it is your word against his, then the insurers will tend to assume that they cannot entirely trust either of your descriptions.
Basically, report to your insurers, go with the excess, any more phone calls, simply give them your insurers and refuse to speak to them (in accordance with the requirements of your insurers).
Your father's insurance will almost certainly go up next year as you have had an accident. Many people think NCD Protection means that there will not be any change, but most people don't realise that your base premium is still affected by an accident.0 -
beeknees20 wrote: »Driving early on today in city centre.
Approaching a set of traffic lights, can see a car speeding up behind me from a distance. Im getting into the correct left lane as i clear the traffic lights on amber, look in my mirror and its clear and move across.
Car behind me goes left also and I end up clipping his drivers door. He was going very fast and in liklihood skipped the red light and for sure over the speed limit of 30. Got out and it was a taxi driver who claims he was in a rush to get a client.
exchanged numbers and said I would call him later, took pictures of the damage which wasnt massive and we both agreed that lets get some quotes on both and see what the damage is before we make a decision
A few hours later, ive been inidated with calls from his insurance or claims. I rang him up and he said its out of his hand and its up to his work for the insurance.
I guess its my fault for clipping him. But he was also breaking the law in regards to speed and possibly skipping light.
To make matters more confusing I dont know where i stand with
Fully comp insurance, im a named driver on churchill, and my father has NC protection
I guess excess only. But would you contest? is this 50/50 or is it simpy all my fault. Im not so sure when looking over the facts. Would love to know what people think
He did try overtaking on the left which I believe is his fault on a dual carriageway (2lanes) and exceeding the speed limit (cant prove) but I was on 30 which was the limit on the road.
Any advise would be great. Is it my fault entirely
Neither of which you can prove. You changed lanes your fault.0 -
The OP has posted an image elsewhere which makes it very clearcut...
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So both failed to stop at the lights.0
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beeknees20 wrote: »... i clear the traffic lights on amber ...
Car behind me ... in liklihood skipped the red light and for sure over the speed limit of 30
.... he was also breaking the law in regards to speed and possibly skipping light.
You both broke the law. Amber means STOP.0 -
AndyMc..... wrote: »So both failed to stop at the lights.
Yep, if the OP had obeyed the lights and stopped on amber there would either have been no collision or the other car would have run into the back of her and it would have been entirely his fault.0 -
Both drivers could well state they went through the light on amber; and if the light was indeed amber for both cars, both drivers did not have to stop in this instance as they were close to the stop line and stopping risked a collision (Highway Code - rule 175). The taxi driver could well state he was driving at 30mph too.
Highway code rule 182 ("Turning left") states the poster should "watch out for traffic coming up on your left before you make the turn, especially if driving a large vehicle" which the taxi driver's insurers could highlight, as well as the failure to indicate left (or doing so late).
So 50/50 for the poster on a good day, possibly worse.0 -
Read the OP again.Both drivers could well state they went through the light on amber; and if the light was indeed amber for both cars, both drivers did not have to stop in this instance as they were close to the stop line and stopping risked a collision (Highway Code - rule 175).
The TP was behind "from a distance", so the OP was in no danger of a collision from stopping, and the TP was a long way from the stop line.
The OP may have a defence if he was too close to the line to stop safely.
Not that a prosecution is likely.0 -
I ride a motorbike on my daily commute and see this all the time. driver checks mirror, road is clear as far as they aware and changes lane. Mirror, signal, manoeuvre. No problem....except I am in the lane on my bike that they are moving into. Having 2 tons of vehicle almost sideswipe you is not fun!
Most people don't realise that there is a blind spot typically that your mirrors won't cover. That is where the "came out of nowhere" situation occurs. I wish car drivers would do what bikers do and shoulder check (they call it a lifesaver for a reason!) to make sure the lane they want to move into is clear of other traffic. If you had carried out a shoulder check you would have seen the other car almost parallel with you and avoided an accident.
I am the first to admit I never carried out a shoulder check as a car driver, but I do now religiously as ultimately It keeps me safe as well as other road users, whether I'm in my car or on the bike.0 -
NornIron70 wrote: »Mirror, signal, manoeuvre.
I think this is also the problem. Most people see its clear and then make their manoeuvre.
In reality it should be mirror, signal, manoeuvre, mirror, mirror, mirror.0
This discussion has been closed.
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