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  • FIRST POST
    • beeknees20
    • By beeknees20 13th Mar 18, 6:59 PM
    • 1Posts
    • 0Thanks
    beeknees20
    Car Accident. Advise and is it my fault?
    • #1
    • 13th Mar 18, 6:59 PM
    Car Accident. Advise and is it my fault? 13th Mar 18 at 6:59 PM
    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
Page 1
    • IanMSpencer
    • By IanMSpencer 13th Mar 18, 7:08 PM
    • 1,462 Posts
    • 1,080 Thanks
    IanMSpencer
    • #2
    • 13th Mar 18, 7:08 PM
    • #2
    • 13th Mar 18, 7:08 PM
    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.
    • AndyMc.....
    • By AndyMc..... 13th Mar 18, 7:27 PM
    • 1,358 Posts
    • 928 Thanks
    AndyMc.....
    • #3
    • 13th Mar 18, 7:27 PM
    • #3
    • 13th Mar 18, 7:27 PM
    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
    Originally posted by beeknees20
    Neither of which you can prove. You changed lanes your fault.
    • AdrianC
    • By AdrianC 13th Mar 18, 7:45 PM
    • 17,383 Posts
    • 15,727 Thanks
    AdrianC
    • #4
    • 13th Mar 18, 7:45 PM
    • #4
    • 13th Mar 18, 7:45 PM
    The OP has posted an image elsewhere which makes it very clearcut...


    • AndyMc.....
    • By AndyMc..... 13th Mar 18, 7:47 PM
    • 1,358 Posts
    • 928 Thanks
    AndyMc.....
    • #5
    • 13th Mar 18, 7:47 PM
    • #5
    • 13th Mar 18, 7:47 PM
    So both failed to stop at the lights.
    • Car 54
    • By Car 54 13th Mar 18, 8:37 PM
    • 2,934 Posts
    • 1,863 Thanks
    Car 54
    • #6
    • 13th Mar 18, 8:37 PM
    • #6
    • 13th Mar 18, 8:37 PM
    ... 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.
    Originally posted by beeknees20
    You both broke the law. Amber means STOP.
    • agrinnall
    • By agrinnall 13th Mar 18, 8:39 PM
    • 20,143 Posts
    • 15,865 Thanks
    agrinnall
    • #7
    • 13th Mar 18, 8:39 PM
    • #7
    • 13th Mar 18, 8:39 PM
    So both failed to stop at the lights.
    Originally posted by AndyMc.....
    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.
    • flower77g
    • By flower77g 13th Mar 18, 9:44 PM
    • 73 Posts
    • 35 Thanks
    flower77g
    • #8
    • 13th Mar 18, 9:44 PM
    • #8
    • 13th Mar 18, 9:44 PM
    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.
    • Car 54
    • By Car 54 13th Mar 18, 10:11 PM
    • 2,934 Posts
    • 1,863 Thanks
    Car 54
    • #9
    • 13th Mar 18, 10:11 PM
    • #9
    • 13th Mar 18, 10:11 PM
    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).
    Originally posted by flower77g
    Read the OP again.

    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.
    • NornIron70
    • By NornIron70 14th Mar 18, 8:48 AM
    • 11 Posts
    • 2 Thanks
    NornIron70
    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.
    Last edited by NornIron70; 14-03-2018 at 9:03 AM. Reason: Punctuation
    • Deastons
    • By Deastons 14th Mar 18, 9:09 AM
    • 198 Posts
    • 114 Thanks
    Deastons
    Mirror, signal, manoeuvre.
    Originally posted by NornIron70
    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.
    • RichardD1970
    • By RichardD1970 14th Mar 18, 9:12 AM
    • 2,917 Posts
    • 4,307 Thanks
    RichardD1970
    My initial question on seeing the diagram is, why is the OP in the right lane (he states all lanes completely empty) when he is shortly turning left?

    The OP mentions he checked his mirrors, but doesn't say he indicated (which, if I was stating my case, I would (even if I hadn't )).

    Where did he think the car he had seen "speeding" towards him moments before had gone?

    Poor observation and anticipation by the OP but as others have said probably 50/50 from the insurers pov.
    • unholyangel
    • By unholyangel 14th Mar 18, 2:54 PM
    • 12,287 Posts
    • 9,621 Thanks
    unholyangel
    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.
    Originally posted by NornIron70
    Oh they realise (or at least should given it will have been specifically explained to them during learning to drive), they just don't put the effort in.

    People go on auto-pilot when driving, going through the motions but not really thinking about what they're doing. Particularly when its roads they drive often and are very familiar with.
    Money doesn't solve poverty.....it creates it.
    • kev25v6
    • By kev25v6 14th Mar 18, 8:24 PM
    • 168 Posts
    • 103 Thanks
    kev25v6
    Taxi wil very likely have a dash cam to show what happened to his insurers too.
    • treboeth
    • By treboeth 14th Mar 18, 10:32 PM
    • 1,066 Posts
    • 1,199 Thanks
    treboeth
    Taxi wil very likely have a dash cam to show what happened to his insurers too.
    Originally posted by kev25v6
    No more likely than any other road user.

    And if the taxi driver knows he is in the wrong he will probably claim the camera was off or the recording was corrupt.
    • Geodark
    • By Geodark 15th Mar 18, 12:42 PM
    • 789 Posts
    • 517 Thanks
    Geodark
    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.
    Originally posted by Deastons
    What I learnt from riding motorbikes when I was younger, and still tend to do now when I am driving is

    Mirror, lifesaver, signal, manoeuvre...
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