Accident - any opinions on whose at fault?
Discussion
All need some advice (admin please delete post if not relevant).
Had a little accident -
- long story short and having been parked, I was pulling out into the main road (indicator on) where traffic was at a standstill,
- checked my mirrors etc and had more than a cars length to pull out,
- as I'm pulling out, I've seen the car behind that's already in the road start to advance as traffic starts moving so I've stopped to give the car way (the car still has time to react/overtake or give me way as it's basically crawling forward at maybe 3mph max etc),
- Not sure whether the 3rd party was paying attention or not, but he's basically gone straight into me (because the front end of my car is in the road stationary as I've stopped to give him way etc), despite having plenty of time to react and safely go around me to overtake.
All on CCTV too. In the CCTV it's clear traffic was stopped when I started pulling out, and I had plenty of space to pull out i.e. the car behind me was a car's length away, and I also had another open car's length in front (I.e. it was definitely safe to pull out).
It's only when the 3rd party car starts moving I then stop (to give him way) and he drives straight into me even though there was enough space for him to overtake me safely.
Any thoughts on whose at fault etc? Tbf most likely go private anyway, but any thoughts just for interest?
His car was fine/minor damage, mine on the other hand half the front ends been ripped off lol.
Had a little accident -
- long story short and having been parked, I was pulling out into the main road (indicator on) where traffic was at a standstill,
- checked my mirrors etc and had more than a cars length to pull out,
- as I'm pulling out, I've seen the car behind that's already in the road start to advance as traffic starts moving so I've stopped to give the car way (the car still has time to react/overtake or give me way as it's basically crawling forward at maybe 3mph max etc),
- Not sure whether the 3rd party was paying attention or not, but he's basically gone straight into me (because the front end of my car is in the road stationary as I've stopped to give him way etc), despite having plenty of time to react and safely go around me to overtake.
All on CCTV too. In the CCTV it's clear traffic was stopped when I started pulling out, and I had plenty of space to pull out i.e. the car behind me was a car's length away, and I also had another open car's length in front (I.e. it was definitely safe to pull out).
It's only when the 3rd party car starts moving I then stop (to give him way) and he drives straight into me even though there was enough space for him to overtake me safely.
Any thoughts on whose at fault etc? Tbf most likely go private anyway, but any thoughts just for interest?
His car was fine/minor damage, mine on the other hand half the front ends been ripped off lol.
I think your at fault for pulling out into traffic.
The car in the lane doesnt need to let you out.
The other party has been distracted/not noticed etc.
You can probaly argue this.
It will most likely go to a 50/50 accident that you should declare.
It might cost you your excess but thats cheaper than a new bumper anyway.
As long as you excess is protected it shouldnt affect you too badly.
The car in the lane doesnt need to let you out.
The other party has been distracted/not noticed etc.
You can probaly argue this.
It will most likely go to a 50/50 accident that you should declare.
It might cost you your excess but thats cheaper than a new bumper anyway.
As long as you excess is protected it shouldnt affect you too badly.
Every day a journey said:
Technically yours.
I think it depends critically on the timings of when which car moves first.If you drive along a road and encounter a stationary car partly blocking your lane, and you just drive into it, that's your fault.
OTOH if you're driving along and someone pulls out of a parking space right in front of you, it's their fault.
So it depends on the relative timing of when which car moved and stopped vis a vis the other, which isn't something you can really convey in text, would need the video.
I'd be leaning towards arguing for 50/50 or knock for knock with the other driver / their insurer myself.
As above it depends on the exact timing of the movement of the two vehicles. I'd say that if he was stationary when you pulled out, and you were stationary when he hit you, he's primarily his fault. If he was moving, even if only slowly, when you started to pull into his lane, or you were still moving forwards when he hit you, you are primarily at fault. Any insurance claim will almost certainly go 50/50.
samoht said:
Every day a journey said:
Technically yours.
I think it depends critically on the timings of when which car moves first.If you drive along a road and encounter a stationary car partly blocking your lane, and you just drive into it, that's your fault.
OTOH if you're driving along and someone pulls out of a parking space right in front of you, it's their fault.
So it depends on the relative timing of when which car moved and stopped vis a vis the other, which isn't something you can really convey in text, would need the video.
I'd be leaning towards arguing for 50/50 or knock for knock with the other driver / their insurer myself.
When traffic started moving, the car behind starts creeping and me seeing this, I then stop to let him past. Obviously at this stage my front end is in the road, but I'm completely stationary, and he has enough space to safely overtake and instead, just drives into me at 3mph.
Yes two arguments here - is it really your fault, and secondly, what would the insurers say
Insurance I think for a minor ding would just say your fault, you were sticking out in the road across a line.
The reality, they probably should have seen you and stopped it doesn't look good if they say they were not paying attention i.e. what if it was at a pedestrian crossing or the like.
Insurance I think for a minor ding would just say your fault, you were sticking out in the road across a line.
The reality, they probably should have seen you and stopped it doesn't look good if they say they were not paying attention i.e. what if it was at a pedestrian crossing or the like.
kambites said:
As above it depends on the exact timing of the movement of the two vehicles. I'd say that if he was stationary when you pulled out, and you were stationary when he hit you, he's primarily his fault. If he was moving, even if only slowly, when you started to pull into his lane, or you were still moving forwards when he hit you, you are primarily at fault. Any insurance claim will almost certainly go 50/50.
Cheers. Yes mate that's exactly how it was lol the first situation you described, clearly shown on CCTV too. Just a pain in the backside man didn't need this headache lol. Genuinely no idea why he didn't just overtake me even though he had enough space to safely do so, but instead just rolls into me. If it is non-fault, my premium will still go up anyway so can't really win either way.
Sounds like they are at fault, for driving without due care and attention.
If a person stepped into the road and the driver had plenty of time to react, as you have said, however continued to drive into them at 3mph then they would be prosecuted.
If you are already partially in the road, when the traffic was at a standstill, then they shouldn't just drive into you. Its just the same as driving into the back of someone.
As with most insurance cases though it'll most likely be 50/50.
If a person stepped into the road and the driver had plenty of time to react, as you have said, however continued to drive into them at 3mph then they would be prosecuted.
If you are already partially in the road, when the traffic was at a standstill, then they shouldn't just drive into you. Its just the same as driving into the back of someone.
As with most insurance cases though it'll most likely be 50/50.
Red9zero said:
Sounds rather like they were looking at their phone to me.
That does sound pretty likely. From the description of the damage, it sounds like they've run into the OPs car and slow speed and carried on moving. Anyone who was paying attention wouldn't do that, they would stop.Is the CCTV footage good enough to see whether the other driver is fiddling with a phone, eating a sandwich, looking backwards etc?
Justafaker said:
eltax91 said:
Post the CCTV
I can't mate as I'd be going against my word and what I agreed with the CCTV owner.They hopped out holding their necks. I was found wholly responsible. They got 2 x compensation for the adults, 1x compensation for the 7yr old and 1x damages for unknown injury to an as-yet unborn child.
This was circa 20 years ago when whiplash culture was at it's peak
EBRANDON1 said:
Sounds like they are at fault, for driving without due care and attention.
If a person stepped into the road and the driver had plenty of time to react, as you have said, however continued to drive into them at 3mph then they would be prosecuted.
If you are already partially in the road, when the traffic was at a standstill, then they shouldn't just drive into you. Its just the same as driving into the back of someone.
As with most insurance cases though it'll most likely be 50/50.
I think this is the point as well. Whilst OP was sticking out, he was stationary and a driver paying attention and moving at a slow speed should be capable of seeing that and stopping. I would add that once he realized what was going on, then he should have stopped not carry on and rip a bumper off.If a person stepped into the road and the driver had plenty of time to react, as you have said, however continued to drive into them at 3mph then they would be prosecuted.
If you are already partially in the road, when the traffic was at a standstill, then they shouldn't just drive into you. Its just the same as driving into the back of someone.
As with most insurance cases though it'll most likely be 50/50.
However, unless the CCTV is conclusive, then 50 50 would be the outcome.
Justafaker said:
All need some advice (admin please delete post if not relevant).
Had a little accident -
- long story short and having been parked, I was pulling out into the main road (indicator on) where traffic was at a standstill,
- checked my mirrors etc and had more than a cars length to pull out,
- as I'm pulling out, I've seen the car behind that's already in the road start to advance as traffic starts moving so I've stopped to give the car way (the car still has time to react/overtake or give me way as it's basically crawling forward at maybe 3mph max etc),
- Not sure whether the 3rd party was paying attention or not, but he's basically gone straight into me (because the front end of my car is in the road stationary as I've stopped to give him way etc), despite having plenty of time to react and safely go around me to overtake.
All on CCTV too. In the CCTV it's clear traffic was stopped when I started pulling out, and I had plenty of space to pull out i.e. the car behind me was a car's length away, and I also had another open car's length in front (I.e. it was definitely safe to pull out).
It's only when the 3rd party car starts moving I then stop (to give him way) and he drives straight into me even though there was enough space for him to overtake me safely.
Any thoughts on whose at fault etc? Tbf most likely go private anyway, but any thoughts just for interest?
His car was fine/minor damage, mine on the other hand half the front ends been ripped off lol.
Got a picture of your damage?Had a little accident -
- long story short and having been parked, I was pulling out into the main road (indicator on) where traffic was at a standstill,
- checked my mirrors etc and had more than a cars length to pull out,
- as I'm pulling out, I've seen the car behind that's already in the road start to advance as traffic starts moving so I've stopped to give the car way (the car still has time to react/overtake or give me way as it's basically crawling forward at maybe 3mph max etc),
- Not sure whether the 3rd party was paying attention or not, but he's basically gone straight into me (because the front end of my car is in the road stationary as I've stopped to give him way etc), despite having plenty of time to react and safely go around me to overtake.
All on CCTV too. In the CCTV it's clear traffic was stopped when I started pulling out, and I had plenty of space to pull out i.e. the car behind me was a car's length away, and I also had another open car's length in front (I.e. it was definitely safe to pull out).
It's only when the 3rd party car starts moving I then stop (to give him way) and he drives straight into me even though there was enough space for him to overtake me safely.
Any thoughts on whose at fault etc? Tbf most likely go private anyway, but any thoughts just for interest?
His car was fine/minor damage, mine on the other hand half the front ends been ripped off lol.
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