Hit in rear whilst performing a 3 point turn - liability
Discussion
Hello
Long story short: I was on a main road and approached a he queue of traffic and decided to safely execute a 3 point turn. There was no traffic approaching. Set of traffic lights ahead were approximately 200m ahead. Half way through the manoeuvre, I saw traffic ahead join the main road towards me but I judged I had plenty of time to finish the manoeuvre but as I straightened up in the opposing lane and pulled away, I was hit squarely in the rear. The chap was obviously speeding and as he jumped out of his car, he had his phone in his hand. I wonder whether he was using the phone, whilst speeding as he claimed he did not see me.
Fast forward to today, solicitors are suggesting we offer a 50/50 settlement as the opposing insurance company are refusing to accept liability.
I accept it may not have been the wisest choice to perform a 3 point turn on a main road, but it's a legal move and in the moment, I judged it was safe to do so. I was led to believe that as I was hit in the rear, this would be a matter of a "non fault accident" but I accept it is not always clear cut as that.
Any advice or suggestions from the legal bods here please? Our insurance are claiming this might end up in court if agreement cannot be resolved.
We got our car fixed already at a trade special price so our damage is only approx £400 but unsighted as to the other vehicles damage although it didn't look too bad.
Thanks all.
Long story short: I was on a main road and approached a he queue of traffic and decided to safely execute a 3 point turn. There was no traffic approaching. Set of traffic lights ahead were approximately 200m ahead. Half way through the manoeuvre, I saw traffic ahead join the main road towards me but I judged I had plenty of time to finish the manoeuvre but as I straightened up in the opposing lane and pulled away, I was hit squarely in the rear. The chap was obviously speeding and as he jumped out of his car, he had his phone in his hand. I wonder whether he was using the phone, whilst speeding as he claimed he did not see me.
Fast forward to today, solicitors are suggesting we offer a 50/50 settlement as the opposing insurance company are refusing to accept liability.
I accept it may not have been the wisest choice to perform a 3 point turn on a main road, but it's a legal move and in the moment, I judged it was safe to do so. I was led to believe that as I was hit in the rear, this would be a matter of a "non fault accident" but I accept it is not always clear cut as that.
Any advice or suggestions from the legal bods here please? Our insurance are claiming this might end up in court if agreement cannot be resolved.
We got our car fixed already at a trade special price so our damage is only approx £400 but unsighted as to the other vehicles damage although it didn't look too bad.
Thanks all.
Even if the other car was speeding and you could prove it, that doesn't automatically make them fully liable.
The other driver may be claiming they were traveling along the road legally and safely and suddenly a car pulled out in front of them and they had no time to stop so hit the back of you.
The other driver may be claiming they were traveling along the road legally and safely and suddenly a car pulled out in front of them and they had no time to stop so hit the back of you.
MYOB said:
I was led to believe that as I was hit in the rear, this would be a matter of a "non fault accident".
Can't really believe that you wrote that. If it had been a few seconds earlier, you would have been hit on the side. It was you that was causing the obstruction by performing an unsafe manoeuvre. I think you're very lucky you've been offered a 50:50, it sounds very much like it was your fault completely.Rick101 said:
Sound to me like you completed your turn and were driving straight. That could make the difference. Leave the turn out of it.
This is the crux, my statement said I completed the turn and was hit some 20m beyond the point of the 3 point turn. So I have already admitted the 3 point turn. I should have clarified the point of impact beyond the point of the turn. Does this make any difference to views?Should I accept the offer of 50/50?
If this happened 20m after you completed the maneuver then i'd take the 50/50 as well.
I would imagine you never got to 30mph in that time so the insurance will see it as you pulled in front of a car and the car possible / probably should have slowed down to avoid the accident as well.
Both negligent.
I would imagine you never got to 30mph in that time so the insurance will see it as you pulled in front of a car and the car possible / probably should have slowed down to avoid the accident as well.
Both negligent.
silentbrown said:
Diagram:
.
So, having completed stages one and two of the turn you pulled from one side of the carriageway to the other straight in front of another car which then rear-ended you? Didn't you see him, or gauge his speed?
I'd jump at the 50:50 offer...
Well illustrated, Sir..So, having completed stages one and two of the turn you pulled from one side of the carriageway to the other straight in front of another car which then rear-ended you? Didn't you see him, or gauge his speed?
I'd jump at the 50:50 offer...
MYOB said:
I had completed phase 3 of the turn. I have an automatic and I was up to 20-30mph (30 zone) at which point he swerved and braked hitting me in the narrative bumper (no side impact)'.
Two possibilities I can see. a: Other driver accelerates from the lights flat-out after you've checked mirrors and started part 3 of your turn. He's blind/distracted and doesn't see you until too late.
b: He's already well down the road towards you, but in your blind spot, so in your hurry to complete the manoeuvre you pull straighht into his path.
The problem with 'a' is the maths: Even If the other guy is in something damn quick it will still take about 8 seconds to cover the 200m from the lights, and he'd have a speed of around 80MPH at that point. But your '0-20 speed' will be a LOT shorter, so he would be both a long way form the lights and travelling pretty briskly before you even started the last part of the turn.
Sorry, but I really think you just didn't spot him: Blind spots, looking over shoulder, unusual manoeuvre - any number of possible reasons. I know I've done it a occasionally
and simply been lucky to get nothing worse than a well-deserved hand gesture.`narrative bumper`
Rick101 said:
Sound to me like you completed your turn and were driving straight. That could make the difference. Leave the turn out of it.
The direction you were travelling at the time of impact doesn't really establish blame though, does it? Could have turned right across traffic, or pulled away from the kerb- it's not enough to be driving straight at the point of impact to be absolved of blame.
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