Had a crash- was it my fault?

[Josman92]

Hi guys.

First off this happened nearly 6 months ago, I had basically forgotten about it! My van has been long fixed (of my own back) and I assumed this incident was over. However, I got a call saying the other guy has put in a claim for damages to his car!

Attached are photos of the day, my dash cam video and a diagram showing where we all were the moment of impact (note road lines etc).

What happened;

I left the car park to turn right, I indicated, waited for a big gap and pulled out into the road blocking a lane to wait a few moments for an oncoming car to pass so I could pull out.
However after pulling out and blocking the lane, but before the car coming the other way passed, the Honda decided not to wait and give way to me despite me blocking his lane for some time and giving him plenty of time to stop. He overtook me into oncoming traffic, quickly pulled back in to avoid a head-on crash and in doing so swiped the side of his car with the front of my van. The oncoming car I was originally waiting for then passed but did not stop.


So what do you all think? My fault for pulling out in front of him (despite the big gap) or his fault for not stopping and trying to go round me? Maybe 50/50?


The dash cam-
https://youtu.be/mV4-mWzx4r0

[PorkInsider]

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.

[SydneyBridge]

maybe split- you were there to be seen and the Honda should have had plenty of time to stop/slow down

shame your dashcam does not show how big the gap was

[clarkey]

On the video it looks like you drove into his side - it looks like you were stationary, then started to move, then discovered that he was in front of you, and you hit him. I can't see how it is his fault.

[catman]

Looking at that, I'd say 100% your fault. It would be up to you to anticipate what the other driver would do.

Tim

[Ekona]

My first thought on seeing the video before reading the text was that the guy who drove round you was a total f*cking idiot. Assuming you were indicating, then why the hell would he not wait?!

However, it looks to me that you didn't check right again before going and so drove into him. As galling as it is (and there but the grace of god etc), I'd say that's your fault.

[QuickQuack]

Looks like he was going rather fast, pulled a stupid stunt and he should've stopped but I'd get ready for 50:50 or worse because although you were there for a few seconds, you weren't there all that long. Could you see him when you pulled out? If yes, then I think that the insurance companies may feel that it was entirely your fault; his defence being that you pulled out, he couldn't stop in time and had to swerve around you. I don't think that him speeding would make much of a difference to that but IANAL. AGTlaw and our resident insurance experts would be best to listen to.

[PurpleMoonlight]

You shouldn't block a lane because you are impatient, you should wait until both lanes are free and you can complete your manouver.

Is the other driver claiming there was no time to stop safely?

[SantaBarbara]

The driver of the silver car was not paying attention was he?

[Toltec]

You were being a bit pushy, but sometimes that is the only way to get out and it is not like you were sitting there for agaes waiting for a gap on the other side. The driver of the other car didn't like you pushing out and decided to drive like an idiot instead of looking ahead and seeing you would be out of their way in a few seconds.

Did you check back to the right to see if he was going to stop before proceeding?

[superlightr]

you didn't give way to oncoming traffic. You pushed your way across to try and force cars to stop when they had priority, a car didn't stop and you drove into his side.

pretty careless and inconsiderate driving could it be argued?

[superlightr]

Josman92 said:

Hi guys.

First off this happened nearly 6 months ago, I had basically forgotten about it! My van has been long fixed (of my own back) and I assumed this incident was over. However, I got a call saying the other guy has put in a claim for damages to his car!

Attached are photos of the day, my dash cam video and a diagram showing where we all were the moment of impact (note road lines etc).

What happened;

I left the car park to turn right, I indicated, waited for a big gap and pulled out into the road blocking a lane to wait a few moments for an oncoming car to pass so I could pull out.
However after pulling out and blocking the lane, but before the car coming the other way passed, the Honda decided not to wait and give way to me despite me blocking his lane for some time and giving him plenty of time to stop. He overtook me into oncoming traffic, quickly pulled back in to avoid a head-on crash and in doing so swiped the side of his car with the front of my van. The oncoming car I was originally waiting for then passed but did not stop.


So what do you all think? My fault for pulling out in front of him (despite the big gap) or his fault for not stopping and trying to go round me? Maybe 50/50?


The dash cam-
https://youtu.be/mV4-mWzx4r0

you didn't give way to oncoming traffic. You pushed your way across to try and force cars to stop when they had priority, a car didn't stop and you drove into his side.

pretty careless and inconsiderate driving could it be argued?

[SantaBarbara]

superlightr said:

you didn't give way to oncoming traffic. You pushed your way across to try and force cars to stop when they had priority, a car didn't stop and you drove into his side.

The silver car was being driven recklessly

[heebeegeetee]

I'm inclined to say 100% it's his fault, but unfortunately you were moving forward at the point of collision.

If you were stationary then 100% his fault. However you were moving, and the other traffic has priority, no matter how stupid the action of the other driver was.

It's one for your insurance company I reckon.

[ferrariF50lover]

I'd say you've driven into him. He was going round you just fine (if inadvisably), then you moved forward which was the bit which was actually a crash.
If he'd driven into the side of your van, I'd have reversed the roles, but the moves would have been similarly inadvisable.

I'm no estimator or anything (as is prpbably about to become obvious), but is that not just two crumpled door skins? Couple of hundred quid? Give him the cash and buy him a beer to say sorry?

[Bennet]

The diagram doesn't really reflect reality either since whilst he obviously moved out to the right in order to pass you, it doesn't look like he committed a mad swerve in to the face of oncoming traffic. Sorry. Looks like your fault.

[heebeegeetee]

PurpleMoonlight said:

You shouldn't block a lane because you are impatient, you should wait until both lanes are free and you can complete your manouver.

Is the other driver claiming there was no time to stop safely?

Totally disagree. I can perfectly understand what he was doing, it's perfectly understandable and doesn't delay anyone when done correctly.

[Josman92]

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.

[strain]

I'd imagine it would go down 50/50, you hadn't been stopped long, he went around your van without anticipating your actions when 99.9% people would realise what you where doing, road looks fairly busy so it was a reasonable move, although most people would condemn it.

Personally I would pass it to your insurers and let them deal with it, either way you will get at least 50% of the blame

[SantaBarbara]

PurpleMoonlight said:

You shouldn't block a lane because you are impatient, you should wait until both lanes are free and you can complete your manouver.

Where does it say that in the Highway Code?

Sometimes in heavy traffic that is all you can do