Had a crash- was it my fault?
Discussion
BenjiS said:
Only if you want to be a dick.
Not at all, the dicks are the people who lack the awareness that by simply pausing for a moment, they can allow people out and traffic to flow without making one iota of difference to their own journey time.Seems like there's plenty of those here, but that doesn't surprise me one jot either.
PorkInsider said:
I thought from the description that you were stationary but the dash cam shows you were moving forwards at the point of impact. I would imagine that will have a bearing on the outcome.
I agree. What you were doing is typical modern assertive driving but it still pays to make sure the place you're heading for isn't occupied by someone who's impatient. Since insurers normally cannot be bothered with minutiae I expect it will go 50:50PorkInsider said:
I'm afraid I completely agree with this. I've never pulled out to stop the traffic like that.
Someone will eventually let you out if the traffic is that heavy, otherwise you just have to be patient.
I see you live in Yorkshire, in London, for example, while your statement is not incorrect you may be waiting for rather a long time, Bognor may be different.Someone will eventually let you out if the traffic is that heavy, otherwise you just have to be patient.
The OP failed to check that the car to his right was going to wait for him to take the gap behind the car approaching from the left. On the other hand the car approaching from the right was already speed limited by the traffic, should have seen the gap approaching in the opposite traffic and not been such a dick. Unfortunately that does not put the OP in the right.
Why did you fix your van off your own back? Had you and the silver car already discussed to not go through insurance and just fix your own and forget about it? It's quite a lot of damage for the other party to agree to that...
All you can do is leave it to insurance and hope it resolves favourably to yourself.
I'm guessing that this is done quite a lot for this exit of the car park as you didn't seem to be waiting all that long before joining. Often local knowledge and and complacency can cause accidents. I have been in similar situation where my complacency and local knowledge ended up someone in the side of me, luckily other party's insurance paid out.
All you can do is leave it to insurance and hope it resolves favourably to yourself.
I'm guessing that this is done quite a lot for this exit of the car park as you didn't seem to be waiting all that long before joining. Often local knowledge and and complacency can cause accidents. I have been in similar situation where my complacency and local knowledge ended up someone in the side of me, luckily other party's insurance paid out.
Bennet said:
SantaBarbara 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 notSorry, OP. I think you're going to have a hard time pushing for 50/50.
Toltec said:
PorkInsider said:
I'm afraid I completely agree with this. I've never pulled out to stop the traffic like that.
Someone will eventually let you out if the traffic is that heavy, otherwise you just have to be patient.
I see you live in Yorkshire, in London, for example, while your statement is not incorrect you may be waiting for rather a long time, Bognor may be different.Someone will eventually let you out if the traffic is that heavy, otherwise you just have to be patient.
To be clear, I don't get particularly annoyed by other people doing it, and I wouldn't dream of trying to force my way around one, but I do think it's a knobbish thing to do so I don't do it.
Edited by PorkInsider on Wednesday 27th September 18:32
Interesting points from both sides, thanks for all your input.
This happened 6 months ago, at the time we both reported the accident to our insurers (though it took him about 3 weeks to do so). At the time neither of us claimed- him for an unknown reason and me because for a £70 bumper it didn't seem worth it being he wasn't claiming. Fast forward 6 months and he put in a claim bringing all this back up - seems crazy you can leave it this long before claiming without reason for doing so.
Today the insurance company have come back to me, their decision is that I'm 100% at fault.
This is for the sole reason that I pulled out into oncoming traffic. This is regardless of his speed, him paying attention or the gap I left between us (I thought this sounded ridiculous- but is also handy to bear in mind the next time someone does this blocking traffic manoeuvre on me). They saw his manoeuvre as making evasive action to avoide me. I can only assume he was very impatient or just didn't see me, either way not brilliant driving.
So that's case closed. I don't agree with it and feel a 50/50 would have been fair as I'm aware I'm not totally innocent here, but other than go to court there's nothing I can do now.
This happened 6 months ago, at the time we both reported the accident to our insurers (though it took him about 3 weeks to do so). At the time neither of us claimed- him for an unknown reason and me because for a £70 bumper it didn't seem worth it being he wasn't claiming. Fast forward 6 months and he put in a claim bringing all this back up - seems crazy you can leave it this long before claiming without reason for doing so.
Today the insurance company have come back to me, their decision is that I'm 100% at fault.
This is for the sole reason that I pulled out into oncoming traffic. This is regardless of his speed, him paying attention or the gap I left between us (I thought this sounded ridiculous- but is also handy to bear in mind the next time someone does this blocking traffic manoeuvre on me). They saw his manoeuvre as making evasive action to avoide me. I can only assume he was very impatient or just didn't see me, either way not brilliant driving.
So that's case closed. I don't agree with it and feel a 50/50 would have been fair as I'm aware I'm not totally innocent here, but other than go to court there's nothing I can do now.
From the dash cam it looks 100% the op's fault.
The silver car and traffic on the other side of the road looks like it is perfectly capable of passing each other safely, and then the OP drives into the side of the the silver car.
Lose the dash cam and your description reads like a 50/50.
The silver car and traffic on the other side of the road looks like it is perfectly capable of passing each other safely, and then the OP drives into the side of the the silver car.
Lose the dash cam and your description reads like a 50/50.
V40Vinnie said:
I dont understand why the 3rd party has seemingly waited 6 months to lodge a claim. i would have thought unless he has injuries (insurance wise damge to car = injury) they wouldnt honour it.
It's possible that he had his car repaired on his comprehensive policy then it all got lost in the system and the OP's insurer only found out recently.Or it's been with an accident management company who have played the system and the OP's insurance Co are just about to get reamed for full price repair, credit hire and personal injury.
Or, I suppose, the other party repaired the car and has only just got round to claiming.
V40Vinnie said:
I dont understand why the 3rd party has seemingly waited 6 months to lodge a claim. i would have thought unless he has injuries (insurance wise damge to car = injury) they wouldnt honour it.
No me neither, it's like he just woke up one day, some 6 months after the crash, and thought 'hmm I'm sick of driving around in a crashed car, ill put in a claim and get it repaired'It's all a bit odd.
R0G said:
As an ex LGV driving instructor and advanced car/LGV senior observer I will ask one question ......
...was the car that impacted with you in view before you pulled out and blocked their lane ?
Here is where it happened. I was doing exactly what the white van is doing. Coming from that angle, turning right. Stopping over the pavement before moving out to the center line....was the car that impacted with you in view before you pulled out and blocked their lane ?
The silver car was a long long way off around the sweeping bend, ample of time to see me and slow down or stop. This is only a 30mph road, I guess he was speeding but as I cant prove this it's barely worth mentioning.
ferrariF50lover said:
WokingWedger said:
cough cough
and the rest !
What bit did I get wrong?and the rest !
The rear quarter panel needs fixed as well £150-200+ vat.
The front wing will need painting to match the colour £150+vat
The doors will need fitting and painting at around £200+vat each door.
The bill will easily be £1800 inc vat at even a very reasonably priced bodyshop.
That's assuming the hinges and the B pillar are completely fine.
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