Accident help and advice
Discussion
Hi
Some advice needed. I had a car accident last night. I was on a dual carriageway and was turning right. This involved me crossing the oncoming traffic and going onto a minor road. When I went to turn right the gap was available with no oncoming traffic. As I went right and across the traffic I noticed a fiesta come speeding and before I had time to react it went into my rear quarter and t-boned me.
This resulted in my car being spun around, possibly twice as mentioned by some witnesses.
I informed my insurance company and they implied without listening to the story that it was my fault and wouldn't let me argue against it.
Is there anything I can do or do I just need to accept the insurance companies decision?
My point of view is that when I initiated the manoeuvre my path was clear and the car that hit me came out of nowhere and was speeding significantly on a 40mph road. If it hadn't been speeding there never would have been a collision.
Any advice?
Some advice needed. I had a car accident last night. I was on a dual carriageway and was turning right. This involved me crossing the oncoming traffic and going onto a minor road. When I went to turn right the gap was available with no oncoming traffic. As I went right and across the traffic I noticed a fiesta come speeding and before I had time to react it went into my rear quarter and t-boned me.
This resulted in my car being spun around, possibly twice as mentioned by some witnesses.
I informed my insurance company and they implied without listening to the story that it was my fault and wouldn't let me argue against it.
Is there anything I can do or do I just need to accept the insurance companies decision?
My point of view is that when I initiated the manoeuvre my path was clear and the car that hit me came out of nowhere and was speeding significantly on a 40mph road. If it hadn't been speeding there never would have been a collision.
Any advice?
Evidentially you're in a difficult situation here.
"He was speeding."
How do you know?
"Because I didn't see him."
So what would have happened if he hadn't been speeding and you didn't see him?
"I wouldn't have seen him."
The guy might have been driving insanely but by definition, you have nothing to prove that anything happened other than your mistake.
What was the visibility like? How far could you have seen?
If the guy was travelling at 100 mph and was 5 seconds away, that's 220m. So if you could see more than 200m, the driver would (should) have been visible at the start of the manoeuvre even if doing 100mph.
"He was speeding."
How do you know?
"Because I didn't see him."
So what would have happened if he hadn't been speeding and you didn't see him?
"I wouldn't have seen him."
The guy might have been driving insanely but by definition, you have nothing to prove that anything happened other than your mistake.
What was the visibility like? How far could you have seen?
If the guy was travelling at 100 mph and was 5 seconds away, that's 220m. So if you could see more than 200m, the driver would (should) have been visible at the start of the manoeuvre even if doing 100mph.
whateva411 said:
Hi
Some advice needed. I had a car accident last night. I was on a dual carriageway and was turning right. This involved me crossing the oncoming traffic and going onto a minor road. When I went to turn right the gap was available with no oncoming traffic. As I went right and across the traffic I noticed a fiesta come speeding and before I had time to react it went into my rear quarter and t-boned me.
This resulted in my car being spun around, possibly twice as mentioned by some witnesses.
I informed my insurance company and they implied without listening to the story that it was my fault and wouldn't let me argue against it.
Is there anything I can do or do I just need to accept the insurance companies decision?
My point of view is that when I initiated the manoeuvre my path was clear and the car that hit me came out of nowhere and was speeding significantly on a 40mph road. If it hadn't been speeding there never would have been a collision.
Any advice?
I've quoted this purely as there's a spate of OPs going AWOL currently.Some advice needed. I had a car accident last night. I was on a dual carriageway and was turning right. This involved me crossing the oncoming traffic and going onto a minor road. When I went to turn right the gap was available with no oncoming traffic. As I went right and across the traffic I noticed a fiesta come speeding and before I had time to react it went into my rear quarter and t-boned me.
This resulted in my car being spun around, possibly twice as mentioned by some witnesses.
I informed my insurance company and they implied without listening to the story that it was my fault and wouldn't let me argue against it.
Is there anything I can do or do I just need to accept the insurance companies decision?
My point of view is that when I initiated the manoeuvre my path was clear and the car that hit me came out of nowhere and was speeding significantly on a 40mph road. If it hadn't been speeding there never would have been a collision.
Any advice?
CYMRO has called this perfectly. You crossed the dual carriageway and have a duty of care to the oncoming traffic. You are at fault. I have to say your story is riddled with contradictions. On the one hand it was clear with no traffic, so you went and immediately saw a Fiesta that was speeding, but came out of nowhere and you managed to clock all of this, but had no time to react. What would your reaction have been? Surely you were already accelerating across the junction, so what were you going to do?
Sounds like you pulled out on someone else without looking properly, if I were you, I'd A) be absolutely relieved that it wasn't a biker you didn't see! B) Be quite glad he only hit you with a glancing blow and didn't properly T-Bone you!
You live to drive another day!
In future, take an extra second or two to check! The life you save could be yours!
You live to drive another day!
In future, take an extra second or two to check! The life you save could be yours!
Il try to find the street name.
But the opposit side across which I crossed had 2 lanes. The inside lane had people queuing for the roundabout and the outside lane was empty. The queued cars had left a gap for the right turn into the minor road.
I saw the outside lane empty so I pulled out and the moment I pulled out and as I glanced over my left shoulder I just noticed a silver car coming at speed. When I started the manoeuvre there was no car and mid-way it appeared.
I was also told my witnesses post accident that it is quite a dangerous right turn as there is a dip on the dual carriageway and this can create a blindspot for cars. At the moment I haven't tried to find the street name but I will do so in the next few days
At the moment I still am in a state of shock.
I've never had an accident in 12yrs of driving so have never had to deal with insurance companies and I would just like other people's opinions. If it's my fault it's my fault. I'm alive and so is the other driver and that's all that matters!
But the opposit side across which I crossed had 2 lanes. The inside lane had people queuing for the roundabout and the outside lane was empty. The queued cars had left a gap for the right turn into the minor road.
I saw the outside lane empty so I pulled out and the moment I pulled out and as I glanced over my left shoulder I just noticed a silver car coming at speed. When I started the manoeuvre there was no car and mid-way it appeared.
I was also told my witnesses post accident that it is quite a dangerous right turn as there is a dip on the dual carriageway and this can create a blindspot for cars. At the moment I haven't tried to find the street name but I will do so in the next few days
At the moment I still am in a state of shock.
I've never had an accident in 12yrs of driving so have never had to deal with insurance companies and I would just like other people's opinions. If it's my fault it's my fault. I'm alive and so is the other driver and that's all that matters!
Whateva said:
Il try to find the street name.
But the opposit side across which I crossed had 2 lanes. The inside lane had people queuing for the roundabout and the outside lane was empty. The queued cars had left a gap for the right turn into the minor road.
I saw the outside lane empty so I pulled out and the moment I pulled out and as I glanced over my left shoulder I just noticed a silver car coming at speed. When I started the manoeuvre there was no car and mid-way it appeared.
I was also told my witnesses post accident that it is quite a dangerous right turn as there is a dip on the dual carriageway and this can create a blindspot for cars. At the moment I haven't tried to find the street name but I will do so in the next few days
At the moment I still am in a state of shock.
I've never had an accident in 12yrs of driving so have never had to deal with insurance companies and I would just like other people's opinions. If it's my fault it's my fault. I'm alive and so is the other driver and that's all that matters!
The inside lane was full of queuing, stationary traffic amd you consider that to be "no traffic" as per your description in the first post. I'd quit while you're ahead if I were you. Nothing else you've added above does anything to change the situation, if anything it's heading more towards you being thankful that plod didn't turn up mBut the opposit side across which I crossed had 2 lanes. The inside lane had people queuing for the roundabout and the outside lane was empty. The queued cars had left a gap for the right turn into the minor road.
I saw the outside lane empty so I pulled out and the moment I pulled out and as I glanced over my left shoulder I just noticed a silver car coming at speed. When I started the manoeuvre there was no car and mid-way it appeared.
I was also told my witnesses post accident that it is quite a dangerous right turn as there is a dip on the dual carriageway and this can create a blindspot for cars. At the moment I haven't tried to find the street name but I will do so in the next few days
At the moment I still am in a state of shock.
I've never had an accident in 12yrs of driving so have never had to deal with insurance companies and I would just like other people's opinions. If it's my fault it's my fault. I'm alive and so is the other driver and that's all that matters!
Had a similar accident many years ago on a local 30mph road.
I was turning right to go into a pub car park; so I was going across the other side of the road, I was hit rather forcefully, spun 180 and shoved down the road about 30ft, the car that hit me had come literally from nowhere.
The Police attended and said that his skid mark length showed that he would have been going at around 30mph, however they admitted they could only measure them up until the point of impact with myself and a little further when he pushed me down the road, a witness who was driving behind the guy that hit me had said that he overtook her at speed on a blind bend further back, she had commented to her passenger that "he was going to cause an accident"; the Police weren't interested in speaking to her.
In the end it went 50/50, really pissed me off as he was clearly driving like a prick and as there were no injuries the Police weren't interested in investigating it.
I was turning right to go into a pub car park; so I was going across the other side of the road, I was hit rather forcefully, spun 180 and shoved down the road about 30ft, the car that hit me had come literally from nowhere.
The Police attended and said that his skid mark length showed that he would have been going at around 30mph, however they admitted they could only measure them up until the point of impact with myself and a little further when he pushed me down the road, a witness who was driving behind the guy that hit me had said that he overtook her at speed on a blind bend further back, she had commented to her passenger that "he was going to cause an accident"; the Police weren't interested in speaking to her.
In the end it went 50/50, really pissed me off as he was clearly driving like a prick and as there were no injuries the Police weren't interested in investigating it.
HTP99 said:
Had a similar accident many years ago on a local 30mph road.
I was turning right to go into a pub car park; so I was going across the other side of the road, I was hit rather forcefully, spun 180 and shoved down the road about 30ft, the car that hit me had come literally from nowhere.
The Police attended and said that his skid mark length showed that he would have been going at around 30mph, however they admitted they could only measure them up until the point of impact with myself and a little further when he pushed me down the road, a witness who was driving behind the guy that hit me had said that he overtook her at speed on a blind bend further back, she had commented to her passenger that "he was going to cause an accident"; the Police weren't interested in speaking to her.
In the end it went 50/50, really pissed me off as he was clearly driving like a prick and as there were no injuries the Police weren't interested in investigating it.
No way did that go 50/50 you were completely at fault. Just because someone is speeding does not make them at fault. If that was the case I could drive into the nearest car parked on double yellows and it'd be their fault by your reasoning. I was turning right to go into a pub car park; so I was going across the other side of the road, I was hit rather forcefully, spun 180 and shoved down the road about 30ft, the car that hit me had come literally from nowhere.
The Police attended and said that his skid mark length showed that he would have been going at around 30mph, however they admitted they could only measure them up until the point of impact with myself and a little further when he pushed me down the road, a witness who was driving behind the guy that hit me had said that he overtook her at speed on a blind bend further back, she had commented to her passenger that "he was going to cause an accident"; the Police weren't interested in speaking to her.
In the end it went 50/50, really pissed me off as he was clearly driving like a prick and as there were no injuries the Police weren't interested in investigating it.
Just to add. Is it half term yet? The OP has used two different accounts to post on this thread, both of which are 2 and a half years old, but have 5 posts between them amd are remarkably similar names and created within a month of each other in July amd Aug 2012, yet never used.
Too fishy as a bored schoolkid posting between tugging sessions.
Too fishy as a bored schoolkid posting between tugging sessions.
Whateva said:
There is a dip on the dual carriageway and this can create a blindspot for cars.
It sounds much more like the car was in that dip, than that the driver was speeding.At the end of the day, you don't have to do much wrong to be wholly liable. If you are a teeny weeny bit at fault (for instance, not waiting long enough to allow traffic to clear a dip you didn't know was there) and the other driver did nothing wrong (driving along a dual carriageway at a completely foreseeable speed) then all the fault is yours.
Think of it like this: if you have a quid and your mate has nothing, you have 100% of the money, never mind that the next bloke you're compared with might have £100.
Whateva said:
Il try to find the street name.
But the opposit side across which I crossed had 2 lanes. The inside lane had people queuing for the roundabout and the outside lane was empty. The queued cars had left a gap for the right turn into the minor road.
I saw the outside lane empty so I pulled out and the moment I pulled out and as I glanced over my left shoulder I just noticed a silver car coming at speed. When I started the manoeuvre there was no car and mid-way it appeared.
I was also told my witnesses post accident that it is quite a dangerous right turn as there is a dip on the dual carriageway and this can create a blindspot for cars. At the moment I haven't tried to find the street name but I will do so in the next few days
At the moment I still am in a state of shock.
I've never had an accident in 12yrs of driving so have never had to deal with insurance companies and I would just like other people's opinions. If it's my fault it's my fault. I'm alive and so is the other driver and that's all that matters!
How far was your view to get hit by a car that wasn't in view when you started and the appeared when you were mid way through your manoeuvre CROSSING ONE LANE?But the opposit side across which I crossed had 2 lanes. The inside lane had people queuing for the roundabout and the outside lane was empty. The queued cars had left a gap for the right turn into the minor road.
I saw the outside lane empty so I pulled out and the moment I pulled out and as I glanced over my left shoulder I just noticed a silver car coming at speed. When I started the manoeuvre there was no car and mid-way it appeared.
I was also told my witnesses post accident that it is quite a dangerous right turn as there is a dip on the dual carriageway and this can create a blindspot for cars. At the moment I haven't tried to find the street name but I will do so in the next few days
At the moment I still am in a state of shock.
I've never had an accident in 12yrs of driving so have never had to deal with insurance companies and I would just like other people's opinions. If it's my fault it's my fault. I'm alive and so is the other driver and that's all that matters!
CYMR0 said:
If the guy was travelling at 100 mph and was 5 seconds away, that's 220m. So if you could see more than 200m, the driver would (should) have been visible at the start of the manoeuvre even if doing 100mph.
But it is possible to gauge the speed that quickly? 200 metres is a long way, I'd say unlikely that much road is visible in 40 zone. I feel sorry for the OP if the other party was substantially speeding. I have to cross a NSL dual carriageway every day in the same way and it is incredibly hard to gauge the difference between a car doing 50 and a car doing 80 instantly. There was that fatal in Manchester similar to the OP where the person speeding was convicted, but sadly without proof/witness statements that the other party was speeding, I doubt anyone will listen to their argument.
LoonR1 said:
No way did that go 50/50 you were completely at fault. Just because someone is speeding does not make them at fault. If that was the case I could drive into the nearest car parked on double yellows and it'd be their fault by your reasoning.
http://www.manchestereveningnews.co.uk/news/greater-manchester-news/man-charged-after-crash-claimed-7314326It did it in this case.
Edited by Boydie88 on Friday 13th February 09:09
Boydie88 said:
http://www.manchestereveningnews.co.uk/news/greate...
It did it in this case.
I missed "automatically" or "necessarily" out of that sentence. Reality is that it rarely does though. They have to have been really shifting for it to matter and expert evidence to prove that too. You'll only get that in a serous crash, not a bit of dented metal and pride. It did it in this case.
Edited by Boydie88 on Friday 13th February 09:09
Boydie88 said:
CYMR0 said:
If the guy was travelling at 100 mph and was 5 seconds away, that's 220m. So if you could see more than 200m, the driver would (should) have been visible at the start of the manoeuvre even if doing 100mph.
But it is possible to gauge the speed that quickly? 200 metres is a long way, I'd say unlikely that much road is visible in 40 zone.Boydie88 said:
I feel sorry for the OP if the other party was substantially speeding. I have to cross a NSL dual carriageway every day in the same way and it is incredibly hard to gauge the difference between a car doing 50 and a car doing 80 instantly.
So wait a second or two to judge.Let's say they're 150m away when you see them.
If they're doing 50, then after two seconds they'll be 45m nearer you, and you'll still have more than four seconds to get clear.
If they're doing 80, they'll be nearly 30m nearer than that, and you'll have two seconds.
If you can't see clearly to cross over the dual carriageway, then turn left and double-back at the next roundabout.
Speeding cannot be used to determine or even inform liability unless it can be proven. End of. Even if you could prove the other party was speeding, they (sound like based on differing version of events) were in an established position and you weren't. So at best will still be a 50/50 and a partial fault claim.
andyc11 said:
Speeding cannot be used to determine or even inform liability unless it can be proven. End of. Even if you could prove the other party was speeding, they (sound like based on differing version of events) were in an established position and you weren't. So at best will still be a 50/50 and a partial fault claim.
Agreed, but unfortunately people will now jump on the minor piece of yours and start suggesting 50/50 for this. As you possibly know (I'm guessing you work in insurance), then a huge amount of people assert that the other driver was speeding, as a way to try to limit their blame for an accident that was 100% their fault. Someone doing 100mph in an NSL will not be found even partly to blame unless the accident was serious enough to involve serious injury or death and have a full independent investigation carried out.
Joe Public are notoriously bad at estimating speed, you only have to look at the "someone's reported me for my driving" type threads to see that.
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