A who is at fault for insurance purposes question
Discussion
Junction with a straight major road. There is a minor road with give way lines painted at the point at that it meets the major road. Directly opposite the minor road there is a private road leading to a housing development. There are no road marking at the point that this private road meets the major road, thus it looks much like what a large driveway would look like. To clarify things a bit, this just looks like a junction with a major road and a minor road crossing it. It just happens in this case that one bit of the minor road is a private road/driveway.
Vehicle A on the private road/driveway wants to drive straight across the major road and into the minor road, where there is a vehicle waiting to turn right. This Vehicle B wants to turn right from the minor road to the major road.
There is no movement from Vehicle B. Vehicle A proceeds forward and is most of the way across the major road. Vehicle B commences turn while Vehicle A is still in junction and collides with rear offside panel on Vehicle A.
Who is at fault for insurance purposes?
Vehicle A on the private road/driveway wants to drive straight across the major road and into the minor road, where there is a vehicle waiting to turn right. This Vehicle B wants to turn right from the minor road to the major road.
There is no movement from Vehicle B. Vehicle A proceeds forward and is most of the way across the major road. Vehicle B commences turn while Vehicle A is still in junction and collides with rear offside panel on Vehicle A.
Who is at fault for insurance purposes?
Edited by creampuff on Friday 27th June 10:19
PurpleMoonlight said:
B.
A was already in the process of crossing the major road before B attempted to turn out of the minor road.
Yes I would have said B as A was already in execution of the maneuver. IMO it would be tricky to prove as it is one person's word against another so a 50/50 looks a likely outcome unless there were witnesses.A was already in the process of crossing the major road before B attempted to turn out of the minor road.
Does it being a private road complicate it?
I was not driving. I only heard about it secondhand from my wife, who in this case was in Vehicle A. The point of impact was almost at the minor road, that is my wife had made it most of the way through the junction at the time the collision happened. From my wife's account of the conversation when details were exchanged, it appears the other driver was unaware that there was another vehicle there at the point the turn was commenced.
Unf my wife's reaction was completely hopeless. She tried to phone me (what am I going to do miles away; nobody is injured, I don't need to know in a hurry). I wasn't available to answer anyway. So since she couldn't get hold of me, she took some photos and emailed them to me. But not just any photos. Completely hopeless and useless photos. I have some great 8 megapixel close up photos if the damage, but there are no pics of the scene.
There is one pic where road markings are just visible. If I go back later and take further pics of the junction I may be able to demonstrate the location on the road of the impact, which would support not being at fault, but this is really not making things easy.
I was not driving. I only heard about it secondhand from my wife, who in this case was in Vehicle A. The point of impact was almost at the minor road, that is my wife had made it most of the way through the junction at the time the collision happened. From my wife's account of the conversation when details were exchanged, it appears the other driver was unaware that there was another vehicle there at the point the turn was commenced.
Unf my wife's reaction was completely hopeless. She tried to phone me (what am I going to do miles away; nobody is injured, I don't need to know in a hurry). I wasn't available to answer anyway. So since she couldn't get hold of me, she took some photos and emailed them to me. But not just any photos. Completely hopeless and useless photos. I have some great 8 megapixel close up photos if the damage, but there are no pics of the scene.
There is one pic where road markings are just visible. If I go back later and take further pics of the junction I may be able to demonstrate the location on the road of the impact, which would support not being at fault, but this is really not making things easy.
Edited by creampuff on Friday 27th June 17:29
Something similar cropped up recently in the AD section, if it helps
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
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