Accident advice...
Discussion
Hi all,
Bit of advice please.
Two weeks ago driving along a main road, following another car. Car in front signals to turn right at a junction and unknown to me flashes car on the junction to the left that he can cross over the junction (straight over the main road). As the road is wide I move to the left and begin to overtake and the car from the left pulls out in front of me and we collide. The driver at the time admits liability, with a witness hearing it (the driver who indicated right and flashed). Speed was low, visibility and conditions good etc.
Now his insurance company are disputing liability saying that I am partially liable as I was overtaking. I have quoted rule 104 from highway code that you must ensure it is safe before acting on a signal from another driver but am also aware but rule 167 also says you shouldn't overtake where someone is indicating right...
Any advice gratefully received.
Tim
Bit of advice please.
Two weeks ago driving along a main road, following another car. Car in front signals to turn right at a junction and unknown to me flashes car on the junction to the left that he can cross over the junction (straight over the main road). As the road is wide I move to the left and begin to overtake and the car from the left pulls out in front of me and we collide. The driver at the time admits liability, with a witness hearing it (the driver who indicated right and flashed). Speed was low, visibility and conditions good etc.
Now his insurance company are disputing liability saying that I am partially liable as I was overtaking. I have quoted rule 104 from highway code that you must ensure it is safe before acting on a signal from another driver but am also aware but rule 167 also says you shouldn't overtake where someone is indicating right...
Any advice gratefully received.
Tim
Do you mean undertake on the left?
Other drivers fault.
As you have quoted, its up to the other driver to make sure its safe to pull out and don't presume just because he was flashed.
Insurance company trying it on.
Depends how much your insurance company wants to fight it.
Contact them and see what they say.
Other drivers fault.
As you have quoted, its up to the other driver to make sure its safe to pull out and don't presume just because he was flashed.
Insurance company trying it on.
Depends how much your insurance company wants to fight it.
Contact them and see what they say.
I wonder if you mean the car in front of you was turning left into the road that the other car was turning right out of?
Either way can you clarify as it makes little sense at the moment. Unless you're in a country that drives on the right. In which decade nobody on here can give any advice as you're in a completely different legal environment.
Either way can you clarify as it makes little sense at the moment. Unless you're in a country that drives on the right. In which decade nobody on here can give any advice as you're in a completely different legal environment.
ging84 said:
I would suspect the insurance companies will know how to establish liability better than most people on here.
Absolutely as they will have all the facts and both sides of the story. However, on the story as presented them the car pulling out of the minor road is 100% at fault. OP how do you know the other car flashed its lights?
Road was plenty wide, easily room for two vehicles.
LoonR1- thats the point I have made back to insurance company regarding I wouldn't have been aware of being flashed to pull out. I have used the term passed on the left.
See what happens, just wanted to check here that I wasn't being a complete idiot for saying that I don't think I am at fault. See what the witness says when the insurance companies speak to her...
LoonR1- thats the point I have made back to insurance company regarding I wouldn't have been aware of being flashed to pull out. I have used the term passed on the left.
See what happens, just wanted to check here that I wasn't being a complete idiot for saying that I don't think I am at fault. See what the witness says when the insurance companies speak to her...
tmrobinson said:
Road was plenty wide, easily room for two vehicles.
LoonR1- thats the point I have made back to insurance company regarding I wouldn't have been aware of being flashed to pull out. I have used the term passed on the left.
See what happens, just wanted to check here that I wasn't being a complete idiot for saying that I don't think I am at fault. See what the witness says when the insurance companies speak to her...
What do you mean you've made it back to insurance company? Are your insurer suggesting you accept partial liability? If so, why. We're going to need the full story as your insurer is unlikely to even put the other side's offer to you in the situation you've DescribedLoonR1- thats the point I have made back to insurance company regarding I wouldn't have been aware of being flashed to pull out. I have used the term passed on the left.
See what happens, just wanted to check here that I wasn't being a complete idiot for saying that I don't think I am at fault. See what the witness says when the insurance companies speak to her...
Edited by LoonR1 on Wednesday 11th March 13:55
I think this one will all boil down to how you represent the facts. If you state that you were continuing along the carriageway and the car in front peeled off towards the centre of the road in order to effect a right hand turn, it will sound a lot better than you approaching the rear of the turning car in front and then you made a decisive move to move to the nearside to pass on the inside.
tmrobinson said:
LoonR1- thats the point I have made back to insurance company regarding I wouldn't have been aware of being flashed to pull out.
I don't think the other driver flashing his headlights has any significance? Even if he did (questionable, as presumably it's just the other party claiming that in defence), he could have meant anything by it, and he doesn't have authority to direct other traffic.mjb1 said:
I don't think the other driver flashing his headlights has any significance? Even if he did (questionable, as presumably it's just the other party claiming that in defence), he could have meant anything by it, and he doesn't have authority to direct other traffic.
I asked as it works in the OPs favour if they did flash their lights, confirm it and be happy to attend as a witness. LoonR1 said:
mjb1 said:
I don't think the other driver flashing his headlights has any significance? Even if he did (questionable, as presumably it's just the other party claiming that in defence), he could have meant anything by it, and he doesn't have authority to direct other traffic.
I asked as it works in the OPs favour if they did flash their lights, confirm it and be happy to attend as a witness. TBH both driver's should have seen each other as a potential hazard and made themselves ready to react.
It's makes it even clearer that the person pulling out did so negligently and without thought for other road users.
At the moment they could claim the OP popped out from behind the other car anf was effectively invisible up until that point. It's not much of a defence but the other one is as good an admission of guilt as you'll ever get.
At the moment they could claim the OP popped out from behind the other car anf was effectively invisible up until that point. It's not much of a defence but the other one is as good an admission of guilt as you'll ever get.
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