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

[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.

[Josman92]

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.

[Josman92]

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.

[Josman92]

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.
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.

[Josman92]

TonyTony said:

How far across the road where you sat just before you went to fully turn?

It looks like you were basically across the whole lane and as you've started moving again the silver car has just driven into you, if that's the case I can't see how its not their fault.

You didn't pull out directly into them but they have tried to drive into the oncoming lane to block your maneuver.

I was sat right up to the center line, so blocking the whole lane. It's quite I wide road.

I agree with this, this is my version of events. As some of you put, I shouldn't have been so forceful, but I don't think what I did is an uncommon maneuver on our roads and should be anticipated.

[Josman92]

PurpleMoonlight said:

Stop deluding yourself.

You pulled across the road at 18 seconds, you hit him at 22 seconds.

I doubt he was speeding, there is too much traffic. You are lucky he didn't plough into the side of you.

Possibly he could have made an emergency stop but that possibility itself proves you were the one at fault.

Ok, so in that 4 seconds at 30mph he would have traveled 176ft (13.5 car lengths). Stopping distance at 30mph is 75ft (6 car lengths) this includes a 'thinking distance'.
Just in case he's only doing 20mph I'll do the math again - In that 4 seconds at 20mph he would have traveled 116ft (9 car lengths). Stopping distance at 20mph is 40ft (3 car lengths) this includes a 'thinking distance'.
And one last time for to show how far away he was if speeding - In that 4 seconds at 50mph he would have traveled 292ft (22.5 car lengths). Stopping distance at 50mph is 175ft (13.5 car lengths) this includes a 'thinking distance'.

This gives 101ft (8.5 car lengths) at 30mph OR 76ft (6 car lengths) at 20mph 'spare' - Regardless of whether what I did was wrong, I would say for any competent driver, who isn't speeding, on their phone or just not paying attention, that this is plenty of time to react and stop in a safe manner. This also shows how far away he was when I decided it was a big enough gap to pull out.
If nothing else this has been a lesson learnt for me and hopefully others too. Don't pull out and assume people will just wait!

[Josman92]

aka_kerrly said:

The OP is at fault by barging out onto a main road he makes matters worse because it sounds like he got his van fixed quick and then claims he had forgotten about the incident which all sounds like bull an makes me think he wants to claim he wasn't there/not his van etc

Question is why has the other party's insurance taken so long to track the OP down if details were exchanged at the time?

I did fix my van quick, it was only a bumper, I got a new one on eBay and fitted it- its a sign written van for my family run company, a crashed van looks bad.

However the day it happened I reported everything to my insurance, I took loads of photos before, during and after fixing it (as advised by my insurance company).

I was told 3 weeks after the crash that he had reported the crash but didn't make a claim (i phoned and asked my insurance this). Now to today, nearly 6 months later - He filed a claim against me and my insurance company called me.

I did nothing to hide this, I didn't even offer not to go through insurance on the day. He was the one being a bit odd and not claiming considering the state of his car. As someone said a few pages back, I wonder if he fixed it himself but someone recently said he should claim for it.