Performing a U Turn
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Discussion

neil_cardiff

Original Poster:

17,113 posts

285 months

Monday 5th January 2004
quotequote all
Hi All,

I wonder if you could help me, I was involved in an RTA, where a girl performed a U turn from a row of parked cars, without really giving reasonable time for me to react, resulting in a smash.

Trouble is, she is counter claiming against me, and I need to verify this:

Is it illegal to perform a U Turn from a row of parked cars?

Can anyone help clear up this grey looking area?

Thanks

Neil

Plotloss

67,280 posts

291 months

Monday 5th January 2004
quotequote all
Surely in this case the onus of responsibility is on the other driver as she was in effect changing lanes rather than performing a U turn at the time of impact.

She has come from a position of rest to moving without adequately checking for other road users first. She hasnt shown due care.

Banged to rights your honour.

neil_cardiff

Original Poster:

17,113 posts

285 months

Monday 5th January 2004
quotequote all
Plotloss said:
Surely in this case the onus of responsibility is on the other driver as she was in effect changing lanes rather than performing a U turn at the time of impact.

She has come from a position of rest to moving without adequately checking for other road users first. She hasnt shown due care.

Banged to rights your honour.


Cheers for that, I have an accident investigator coming to see me tommorrow, and I have photos to validate my claim.

She is claiming that I hit her from the rear, and in my photos it shows that I hit her cleanly from the side - hopefully getting to keep my no claims through it - I know that insurers can be bastards...

Surely everybody checks for cars before they pull out for this sort of manouvre?

Davel

8,982 posts

279 months

Monday 5th January 2004
quotequote all
Bloody good idea to always keep a camera in the car - you never know when you might need it!

Good luck!

neil_cardiff

Original Poster:

17,113 posts

285 months

Monday 5th January 2004
quotequote all
Davel said:
Bloody good idea to always keep a camera in the car - you never know when you might need it!

Good luck!


Yes, my insurers are well chuffed with my evidence, and are fairly confident, but you never know these days...

Plotloss

67,280 posts

291 months

Monday 5th January 2004
quotequote all
If you have an accident in America, regardless of the state of the cars, people etc you call 911.

A copper is dispatched who hears the evidence from the parties involved and if its a simple fender bender decides who was at fault and will issue a due care ticket to the errant driver.

Then when you call your insurer they ask if the other party or you were ticketed and if it was the other party its case closed they are paying.

A refreshingly effective process I have to say...

nonegreen

7,803 posts

291 months

Monday 5th January 2004
quotequote all
Plotloss said:
If you have an accident in America, regardless of the state of the cars, people etc you call 911.

A copper is dispatched who hears the evidence from the parties involved and if its a simple fender bender decides who was at fault and will issue a due care ticket to the errant driver.

Then when you call your insurer they ask if the other party or you were ticketed and if it was the other party its case closed they are paying.

A refreshingly effective process I have to say...


I believe the same applies in Germany. I had a similar thing happen to me once, I got paid out once the guys insurance company had had it explained to them that the side of the car was the bit you could see wheels on.

Dwight VanDriver

6,583 posts

265 months

Monday 5th January 2004
quotequote all
Is it illegal to perform a U Turn from a row of parked cars?

Not unless there is a No U Turn Order on that particular stretch of road.

From what you say she has pulled out from a row of parked vehicles across your path giving little option for you. Front nearside damage to your vehicle, damage to the offside of hers.

Secion 3, RTA 88 carless driving on her part.

Will be trying it on with the Insurance Co.

Don't let your Insurance Co. try to apportion any blame onto you, if things are as you say.

DVD

pdV6

16,442 posts

282 months

Monday 5th January 2004
quotequote all
You should be ok Neil - nice one for getting evidence at the time!

Its all very well her saying that you hit her from behind (which you didn't!), but she'd still be at fault if she had pulled out from the side of the road and gone off in the same direction as you... one can't just leap out into the road and put the blame on the poor sod who happens to be there.

Saying that, there does seem to be a bit of a trend around here of scum driving around (deliberately) in knackered old cars with no brake lights and then brake testing anyone who comes up behind them. Next step is to jump out of the car mob-handed and demand (with menaces) instant cash in lieu of an insurance claim which you're likely to lose...

neil_cardiff

Original Poster:

17,113 posts

285 months

Tuesday 6th January 2004
quotequote all
Dwight VanDriver said:
Is it illegal to perform a U Turn from a row of parked cars?

Not unless there is a No U Turn Order on that particular stretch of road.

From what you say she has pulled out from a row of parked vehicles across your path giving little option for you. Front nearside damage to your vehicle, damage to the offside of hers.

Secion 3, RTA 88 carless driving on her part.

Will be trying it on with the Insurance Co.

Don't let your Insurance Co. try to apportion any blame onto you, if things are as you say.

DVD


Give this man the prize, it's todays winner!

I spoke to my friendly Welsh Traffic Police - thanks chaps, and they confirmed this: -

A road user, while performing a U-Turn is not illegal (unless prohibited to do so by signage), he is, however, expected to take due care and attention to ensure that while performing a 'manouvre', that no other road user has to take an evasive action by way of braking, swerving or otherwise. Fairlure to do so is seen as 'Driving without due care and attention' and any liability will be on their part.

Beside the fact, he mentioned on top, that the Highway Code clearly states that a road user has to ensure that before pulling off, it is completly safe to do so, by mirror, signal, mirror, check over shoulder and then perhaps think about it. They cannot pull out if something is coming.

Bang to rights, your honour, as someone mentioned earlier...

Woo hoo! Thank god, (it's not over yet but I'm happier than before) I am only a month away from my secong years no claim...

neil_cardiff

Original Poster:

17,113 posts

285 months

Wednesday 7th January 2004
quotequote all
neil_cardiff said:


Dwight VanDriver said:
Is it illegal to perform a U Turn from a row of parked cars?

Not unless there is a No U Turn Order on that particular stretch of road.

From what you say she has pulled out from a row of parked vehicles across your path giving little option for you. Front nearside damage to your vehicle, damage to the offside of hers.

Secion 3, RTA 88 carless driving on her part.

Will be trying it on with the Insurance Co.

Don't let your Insurance Co. try to apportion any blame onto you, if things are as you say.

DVD




Give this man the prize, it's todays winner!

I spoke to my friendly Welsh Traffic Police - thanks chaps, and they confirmed this: -

A road user, while performing a U-Turn is not illegal (unless prohibited to do so by signage), he is, however, expected to take due care and attention to ensure that while performing a 'manouvre', that no other road user has to take an evasive action by way of braking, swerving or otherwise. Fairlure to do so is seen as 'Driving without due care and attention' and any liability will be on their part.

Beside the fact, he mentioned on top, that the Highway Code clearly states that a road user has to ensure that before pulling off, it is completly safe to do so, by mirror, signal, mirror, check over shoulder and then perhaps think about it. They cannot pull out if something is coming.

Bang to rights, your honour, as someone mentioned earlier...

Woo hoo! Thank god, (it's not over yet but I'm happier than before) I am only a month away from my secong years no claim...



Further to this, the nice accident investigator came to see me yesterday - and his first words upon seeing my pictures were: - "And why is she wasting my time?" so as to say that she hasn't a hope in hell.

Although never say never, he did confirm that any self respecting magistrate would just look at the photos and say exactly the same thing.

So there you go - ALWAYS carry a camera in the car!

>> Edited by neil_cardiff on Wednesday 7th January 14:02

motco

17,209 posts

267 months

Thursday 8th January 2004
quotequote all
It reminds me of doing jury service a while ago. The defence story is SO at variance with the prosecution that the poor juror thinks he's fetched up in a different courtroom! Amazing, isn't it, how people will tell bare-faced lies about accidents these days! I had a car destroyed by a "lady" who pulled out of an unclassified road onto an "A" road without looking. She told her insurers that I should have given way to her because I'd seen her coming from along way off. She hit my car in the SIDE FFS!

kevinday

13,608 posts

301 months

Thursday 8th January 2004
quotequote all
Sounds similar to the accident I was involved in. I was proceeding across (around) a roundabout when a dozey young las came straight out of the next entry stright in front of me. She had not looked or stopped at the give way markings. I tried to avoid her but T-boned her Clio with my Range Rover. She later claimed I came out behind her and was overtaking her on the roundabout. No photos so spent a year arguing with MY insurance company telling them there is no way I was liable at all. Won in the end.

icamm

2,153 posts

281 months

Thursday 8th January 2004
quotequote all
But the worst part of alot of these claims is that it is often obvious from the relative locations of the damage that they are trying it on. Yet the insurance companies believe them - or atleast have enough doubt cast to go knock for knock.

When they find out these people have been lying then then don't even prosecute them for insurance fraud. Which would go along way to reducing the number of incidents. Although I guess the problem with that is you will always get a few people who are telling the truth but the other person manages to find some witnesses etc and then you get an innocent person accused of fraud.

Which leads me to a story of how my girlfriend was accused of "a minor fraud" by a guy who ran into the back of her at a roundabout. He claimed he had not had an accident and no damage was done to the customer car he was driving (he was a delivery driver for a car dealer). We had to take it all the way to getting a court date for the small claims court before they paid - and she didn't even claim for the minor wiplash she had to have treatment for (and I know it wasn't faked as I could feel the tension in her neck muscles).

vteclimey

287 posts

302 months

Thursday 8th January 2004
quotequote all
and that is why you are expected to perform a full 360 visual check before proceeding with a manouver and are expected to continue looking during it. daft girl.

neil_cardiff

Original Poster:

17,113 posts

285 months

Friday 9th January 2004
quotequote all
vteclimey said:
and that is why you are expected to perform a full 360 visual check before proceeding with a manouver and are expected to continue looking during it. daft girl.


I wasn't quite so constrained the other day in my description of her... It's causing me no end of grief....