Accident - who's fault?
Discussion
I won't try and argue with you. Just want to find the consensus as to who’s fault this would be in the eyes of the law and insurance company.
I was driving in a 30 limit down a side-street with cars either side and a slight curve and slight hill in the road. I'm not sure of my exact speed but it wasn't excessive and certainly not above 30. More like 20 due the kind of road.
A guy who was parked on the left side of the road facing me with his steering wheel on the kerb side pulled out. I swerved as best I could to try and avoid him but my indicator exploded and the first 1/4 of my front nearside wing was completely crushed.
The issue is that the guy is making up stories. He does not believe it is his fault. He estimates my speed a lot higher than what I know it was. First of all he tried to say it was a 20 limit but I've lived in the area for 7 years and know very well what the actual limit on that road is. Regardless, I estimate my own speed between 20 and 30 but closer to 20.
So who's right? Me or him? I think he pulled out blind (due to his position on the other side of the road facing up the hill and he was pulling into oncoming traffic and obstructing a right of way.
I was driving in a 30 limit down a side-street with cars either side and a slight curve and slight hill in the road. I'm not sure of my exact speed but it wasn't excessive and certainly not above 30. More like 20 due the kind of road.
A guy who was parked on the left side of the road facing me with his steering wheel on the kerb side pulled out. I swerved as best I could to try and avoid him but my indicator exploded and the first 1/4 of my front nearside wing was completely crushed.
The issue is that the guy is making up stories. He does not believe it is his fault. He estimates my speed a lot higher than what I know it was. First of all he tried to say it was a 20 limit but I've lived in the area for 7 years and know very well what the actual limit on that road is. Regardless, I estimate my own speed between 20 and 30 but closer to 20.
So who's right? Me or him? I think he pulled out blind (due to his position on the other side of the road facing up the hill and he was pulling into oncoming traffic and obstructing a right of way.
His,
Speed is irrelevent he pulled out on you. There will be people saying speed kills blah blah blah and totally miss the fact that he pulled out in front of moving traffic.
Did you contact the police and get there opinion?
If what he says is true then he is admitting to seeing you coming and misjudged your speed. easy win
Speed is irrelevent he pulled out on you. There will be people saying speed kills blah blah blah and totally miss the fact that he pulled out in front of moving traffic.
Did you contact the police and get there opinion?
If what he says is true then he is admitting to seeing you coming and misjudged your speed. easy win
Assuming he'd not seen you until you both connected, he can't judge what speed you are doing. If he had seen you and was able to observe your speed, why'd he pull out on you?
My gut instinct would be he's at fault, you have to check all around you before pulling out a space or making off from the roadside, think that's in the highway code or the driver's handbook from what I remember.
Edit: What Nottyash said, he can't have it both ways. His fault.
My gut instinct would be he's at fault, you have to check all around you before pulling out a space or making off from the roadside, think that's in the highway code or the driver's handbook from what I remember.
Edit: What Nottyash said, he can't have it both ways. His fault.
nottyash said:
His,
Speed is irrelevent he pulled out on you. There will be people saying speed kills blah blah blah and totally miss the fact that he pulled out in front of moving traffic.
Did you contact the police and get there opinion?
If what he says is true then he is admitting to seeing you coming and misjudged your speed. easy win
Not yet. I'm worried by this new trend insurance companies have for putting up premiums when you've had a non-fault claim. I don't want a non-fault claim on my record. Speed is irrelevent he pulled out on you. There will be people saying speed kills blah blah blah and totally miss the fact that he pulled out in front of moving traffic.
Did you contact the police and get there opinion?
If what he says is true then he is admitting to seeing you coming and misjudged your speed. easy win
Crow555 said:
Assuming he'd not seen you until you both connected, he can't judge what speed you are doing. If he had seen you and was able to observe your speed, why'd he pull out on you?
My gut instinct would be he's at fault, you have to check all around you before pulling out a space or making off from the roadside, think that's in the highway code or the driver's handbook from what I remember.
Ahh.... I like it. Good logic. My gut instinct would be he's at fault, you have to check all around you before pulling out a space or making off from the roadside, think that's in the highway code or the driver's handbook from what I remember.
It's "whose".
I would say he is liable though I once did a case where a woman who pulled out in similar circumstances and with a similar claimwas acquitted of due care but that is on the criminal standard of proof ("sure") not a civil one ("more likely than not"). Once he is in your right of way, it's his fault for being there especially where he plainly isn't even partly out of the exit.
Speed limits are 30 if there are street lights unless there is a sign to the contrary.
However, with civil liability, there is a concept of contributory negligence which allows apportionment of blame so if they thought you were speeding, they could say he was 70% to blame and you 30% for example.
I would say he is liable though I once did a case where a woman who pulled out in similar circumstances and with a similar claimwas acquitted of due care but that is on the criminal standard of proof ("sure") not a civil one ("more likely than not"). Once he is in your right of way, it's his fault for being there especially where he plainly isn't even partly out of the exit.
Speed limits are 30 if there are street lights unless there is a sign to the contrary.
However, with civil liability, there is a concept of contributory negligence which allows apportionment of blame so if they thought you were speeding, they could say he was 70% to blame and you 30% for example.
As others have said, his fault, restricted view, parked on the wrong side of the road and pulling across oncoming traffic, if you were truly excessivley speeding there would be a lot mor damage and you'd have been diverted into the parked cars on your right if the road was as narrow as you have indicated.
I should never have doubted it really. It's just the fact that he seems to have convinced himself that he wasn't to blame and is protesting and telling me all kinds of stories about how he thinks its my fault to the extent that he's caused me to doubt myself - this takes a lot of doing!
I don't think he's going to pay-up so I think I'm going to report it.
I don't think he's going to pay-up so I think I'm going to report it.
heebeegeetee said:
+1. It is amazing how people seem to know the speed of a vehicle they didn't see. I guess they think you were speeding as you probably 'came from nowhere'.
Furthermore, it's amazing the amount of people who will see a car doing 40 mph and say it's doing 30 or 50 depending where it is. Unless proper hooning is going on, he doesn't have a leg to stand on with that claim.ejenner said:
Not yet. I'm worried by this new trend insurance companies have for putting up premiums when you've had a non-fault claim. I don't want a non-fault claim on my record.
The incident happened. You need to report it.As has been said, I think you're pretty blameless, and I particularly like the logic put forward already that if he didn't see you, he wasn't in a position to judge your speed, but that won't neceesarily stop the insurance companies going for a 50:50 unfortunately.
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