Collision with vehicle pulling out while I was overtaking
Discussion
I was recently in a RTA with a vehicle and need advice on my position. I was travelling down a main A road and on the left are industrial units with several entrances/exits for vehicles. I was driving under 40mph (it's a 40 limit) and up ahead a car had stopped in my lane alongside several parked vehicles along the roadside and it was waiting to turn left into an entrance to the units. I indicated, checked my mirrors and pulled out to overtake and as I got alongside a small van emerged from the left (it emerged the car in my lane had been waiting to get in and had "let him out" which he did and pulled straight into my path. The result was an almost head-on collision writing off my vehicle. My argument is that he pulled into traffic when it was unsafe to do so but my insurer is saying it may not be the case. Any thoughts ? Surely as the existing road user and not the one joining traffic I had the right to execute the overtake and as I pointed to my insurer, had he not pulled out I would have completed the manouvre and carried on unhindered without a problem. I am baffled at the response by my insurer.
Due to the parked cars and the static vehicle nothing on the left was visible coming from the entrance and surely it was my right to be on the "wrong" side of the road which I had to do to overtake a stationary vehicle ? I understood it to be that whether invited or not you cannot join existing traffic if it is not safe to do so or by doing so causes other road users to brake or alter their path. (Alex,, cheers but had forgotten my password and haven't had reason to chat till now, I watch and try to learn 
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)Furfoxache said:
Due to the parked cars and the static vehicle nothing on the left was visible coming from the entrance and surely it was my right to be on the "wrong" side of the road which I had to do to overtake a stationary vehicle ? I understood it to be that whether invited or not you cannot join existing traffic if it is not safe to do so or by doing so causes other road users to brake or alter their path. (Alex,, cheers but had forgotten my password and haven't had reason to chat till now, I watch and try to learn )
It isn't your right. )It is to proceed with caution - e.g. SLOWLY..... enough so that both of you can stop in time.
He is going from a standing start (more or less) - you are going a smidgeon faster.
Furfoxache said:
Due to the parked cars and the static vehicle nothing on the left was visible coming from the entrance and surely it was my right to be on the "wrong" side of the road which I had to do to overtake a stationary vehicle ? I understood it to be that whether invited or not you cannot join existing traffic if it is not safe to do so or by doing so causes other road users to brake or alter their path. (Alex,, cheers but had forgotten my password and haven't had reason to chat till now, I watch and try to learn )
You have few "rights" on the road, and unless there is a solid hazard line, there isn't really a wrong side, as such (although don't take to driving on the right, as you've recently found out) lol. )Rarely is an accident 100% one persons fault, it usually takes at least two, it'll just be down to apportioning blame, your insurance company will be well used to doing this.
Good luck, at least you are ok, cars can be fixed, ncb can be re earned.
Does the fact that, had he not pulled into my path I would have gone on unhindered matter as surely that fact means that his actions, and not mine, caused the accident. Maybe I cannot see his side of it but even common sense tells us that had he not been there to pull out there would have been no accident.
Furfoxache said:
Does the fact that, had he not pulled into my path I would have gone on unhindered matter as surely that fact means that his actions, and not mine, caused the accident. Maybe I cannot see his side of it but even common sense tells us that had he not been there to pull out there would have been no accident.
I wonder what would have happened if you hadn't overtaken the two vehicles to your nearside ?I feel your pain, honestly, but don't worry about it, let your insurance sort it.
Furfoxache said:
Due to the parked cars and the static vehicle nothing on the left was visible coming from the entrance...{snipped}
This first part is exactly why your insurers have said what they'd said. You knew of the entrance, but chose to overtake at circa 40mph with no vision of potential hazards, which in this case quickly became actual hazards! Unfortunately you'll probably end up taking this one on the chin. While its true we have to check both ways before joining a road, the van could easily have done a right/left and missed you before emerging. He wouldn't generally, reasonably, expect to meet a car driving on the 'wrong' side of the road at the mouth of a junction. I'm no lawyer yada yada, but since this is in GG rather than SPL (for now) that's my 2p. Glad you're OK, which as was said above is the important bit. Everything else can be replaced in time.
Furfoxache said:
Does the fact that, had he not pulled into my path I would have gone on unhindered matter as surely that fact means that his actions, and not mine, caused the accident. Maybe I cannot see his side of it but even common sense tells us that had he not been there to pull out there would have been no accident.
Likewise if you hadn't overtaken on the opposing side of the carriageway, at the mouth of a junction, the other person would also have continued unhindered, pulling into 'his' side of the road... That works both ways chap and is why it's a moot argument. To turn your own argument around, 'even common sense tells us that had you not been on the wrong side of the road, overtaking at a BLIND junction where people wanted to lawfully pull out, there would have been no accident'......Edited by M6L11 on Saturday 14th February 01:04
The Highway Code states that you cannot pull into a carriageway unless it is safe to do so while in my case I was executing a legal and safe manouvre. The entrance is not an actual junction anymore than my driveway is at home and is not whitelined or anything. I was travelling at around 30 mph and the road ahead was clear which is why I indicated and pulled out. I was actually almost alongside the stationary car and ironically was in a large yellow Ducato panel van myself so not exactly hard to spot yet he took the static vehicles invite and without checking up the road he set off. I was fully committed to the overtake then and although I slammed the brakes on and swerved I couldn't avoid the result. I can't be faulted for overtaking when my path was clear and I had indicated my intent, or can I ?
However you dress it up - you are on the wrong side of the road at an inappropriate time, doing an inappropriate speed - because there was a crash - ( the other party is probably doing 10-15 mph.)
Take it or leave it.
Our opinion does not matter - the opinion of the insurance company does.
I can't see it going in your favour.
Best case I can see is 25/75 against you.
Take it or leave it.
Our opinion does not matter - the opinion of the insurance company does.
I can't see it going in your favour.
Best case I can see is 25/75 against you.
Furfoxache said:
it emerged the car in my lane had been waiting to get in and had "let him out" which he did and pulled straight into my path.
So the car turning left could not actually turn left until the van had moved from the industrial unit entrance, and even though the car was alongside parked vehicles you thought it would be safe to overtake? Did you at no point think "I wonder why that indicating car has stopped in the carriageway?", so just ploughed on regardless. If this isn't a windup then you had better lube up.
I can't see your point that I am on the wrong side of the road as how do you overtake without doing so. I was on the opposite carriageway but had legal reason to do so. My speed was perfectly normal for the road and conditions and whether he was doing 15 or 50mph he pulled into traffic and in doing so caused a collision. That fact remains and I didn't deviate and pull into him, he didn't check his exit was clear and he pulled into me. Surely it is the same as anyone pulling out into a stream of traffic and causing a crash ? Your right in that the insurer will decide but it is infuriating.
Gazza..the static car wasn't even indicating it was just static as if double parked hence why I went to overtake.
Gazza..the static car wasn't even indicating it was just static as if double parked hence why I went to overtake.
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