Had a crash- was it my fault?
Discussion
I suspect you hadn't quite blocked the traffic as much as you thought you had. There was a big enough gap for the silver car to get through but then you started moving again just at he was attempting to pass you, closing the gap.
Not great driving by either, but if I'm seeing it right then 100% your fault unfortunately.
Not great driving by either, but if I'm seeing it right then 100% your fault unfortunately.
Josman92 said:
Good replies- bit more to add;
-I muted the sound on the video because of bad language but I was indercating the whole time.
-In the video I stopped at the center line and waited, then I pulled forward again (moment of impact) crossing the center line at this point. So he went over the center line to go round me.
-I didn't look back again when in the middle as I expected anyone who was there to have stopped or slowed right now. Didn't think anyone would try and go round me.
I get all of that and I get that he's crossed the centre line and is now driving on the opposite side of the carriageway in conflict with oncoming traffic. I get that it's an utterly idiotic thing to do. -I muted the sound on the video because of bad language but I was indercating the whole time.
-In the video I stopped at the center line and waited, then I pulled forward again (moment of impact) crossing the center line at this point. So he went over the center line to go round me.
-I didn't look back again when in the middle as I expected anyone who was there to have stopped or slowed right now. Didn't think anyone would try and go round me.
However, it still doesn't give you the ok to drive into him. As I say, had you been stationary and he'd hit you, 100% his fault, but as you were moving then it could be argued that you've driven into him, and he has priority over you.
What the insurance position at the time?
Your diagram isnt quite accurate.
At 22 seconds on the dashcam video, you can clearly see that the oncoming black car is already level with your van when the silver car goes round you. The oncoming car isnt in front of him, its actually parallel to him. Quite a dangerous overtake by the silver car, and he was lucky he wasnt involved in a head on due to his impatience.
At 22 seconds on the dashcam video, you can clearly see that the oncoming black car is already level with your van when the silver car goes round you. The oncoming car isnt in front of him, its actually parallel to him. Quite a dangerous overtake by the silver car, and he was lucky he wasnt involved in a head on due to his impatience.
justinio said:
Your diagram isnt quite accurate.
At 22 seconds on the dashcam video, you can clearly see that the oncoming black car is already level with your van when the silver car goes round you. The oncoming car isnt in front of him, its actually parallel to him. Quite a dangerous overtake by the silver car, and he was lucky he wasnt involved in a head on due to his impatience.
Looks more likely there was actually sufficient room for both cars to pass each other infront of the van, until the van moved forward.At 22 seconds on the dashcam video, you can clearly see that the oncoming black car is already level with your van when the silver car goes round you. The oncoming car isnt in front of him, its actually parallel to him. Quite a dangerous overtake by the silver car, and he was lucky he wasnt involved in a head on due to his impatience.
Your fault, best you can hope for is 50/50 by insurance companies IMO. Pretty daft move by the other driver, anyone with any kind of anticipation ability could see the potential for what actually happened to occur. I certainly wouldn't cross in front of a car that was already half blocking my carriageway and the driver looking in the other direction. Recipe for disaster, as your video demonstrates, but he had right of way.
mjb1 said:
Your fault, best you can hope for is 50/50 by insurance companies IMO. Pretty daft move by the other driver, anyone with any kind of anticipation ability could see the potential for what actually happened to occur. I certainly wouldn't cross in front of a car that was already half blocking my carriageway and the driver looking in the other direction. Recipe for disaster, as your video demonstrates, but he had right of way.
No he did notSantaBarbara said:
The driver of the silver car was not paying attention was he?
SantaBarbara said:
The silver car was being driven recklessly
SantaBarbara said:
mjb1 said:
...he had right of way.
No he did notJust to add what looks like a growing weight of opinion against the OP....
If I were judge&jury I'd say that was 100% the OP's fault.
OP entered the carriageway and created a (partial) obstruction.
OP then drove in to the side of a passing vehicle.
In heavy traffic one must simply be more patient, or wait until other motorists demonstrates courtesy and lets you out.
An alternative is to join the carriageway in the nearside lane and then find an easier place to turn round to go in your preferred direction.
If I were judge&jury I'd say that was 100% the OP's fault.
OP entered the carriageway and created a (partial) obstruction.
OP then drove in to the side of a passing vehicle.
In heavy traffic one must simply be more patient, or wait until other motorists demonstrates courtesy and lets you out.
An alternative is to join the carriageway in the nearside lane and then find an easier place to turn round to go in your preferred direction.
Was the silver car already in motion when you moved off? You should have checked right again before moving - so 100% your fault. If the silver car had already stopped, but then decided to move off again then I would have thought this would be considered another manoeuvre - then maybe 50:50.
Edited by fido on Wednesday 27th September 16:11
I'd say it would unfortunately be your fault OP.
Although not the brightest of moves by the silver car as it is pretty obvious what you were wanting to do, if you pause the video at 22/23 seconds, you can see that the black Audi and silver car are actually alongside each other with the front of the silver car already past the front of your van, right at the point you pull out, so rather than him swerving in to you to avoid a collision, it looks to me like you pulled out into his door.
Although not the brightest of moves by the silver car as it is pretty obvious what you were wanting to do, if you pause the video at 22/23 seconds, you can see that the black Audi and silver car are actually alongside each other with the front of the silver car already past the front of your van, right at the point you pull out, so rather than him swerving in to you to avoid a collision, it looks to me like you pulled out into his door.
BenjiS said:
SantaBarbara said:
Sometimes in heavy traffic that is all you can do
Only if you want to be a dick.Someone will eventually let you out if the traffic is that heavy, otherwise you just have to be patient.
Josman92 said:
Good replies- bit more to add;
-I muted the sound on the video because of bad language but I was indercating the whole time.
-In the video I stopped at the center line and waited, then I pulled forward again (moment of impact) crossing the center line at this point. So he went over the center line to go round me.
-I didn't look back again when in the middle as I expected anyone who was there to have stopped or slowed right now. Didn't think anyone would try and go round me.
I don't get the last bit 'I didn't look back again as I expected anyone who was there..'-I muted the sound on the video because of bad language but I was indercating the whole time.
-In the video I stopped at the center line and waited, then I pulled forward again (moment of impact) crossing the center line at this point. So he went over the center line to go round me.
-I didn't look back again when in the middle as I expected anyone who was there to have stopped or slowed right now. Didn't think anyone would try and go round me.
So, you didn't look and you (therefore) did not know if anyone was there. That, and the fact you were moving is quite self-damning.
I, and I am sure others have crossed to turn right a similar way, but it is essential to check right again (a bit like the old 'Kerb Drill'). I would also have had the driver's window down - that increases the personal interaction with the driver to the right (you know, the one who you should have been aware was there), and a thumbs up, and wave of thanks can be more easily seen, finally a second look left, then go (assuming no cyclists, motorcyclists are sneaking through.
I am afraid, to me, the dash came indicts you more than not.
You have my sympathy, as these things happen when a second look is not made. I am puzzled about why they have only just got back to you. I guess they got your company number on their dash cam!
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