Discussion
Sister in Law has just been involved in an accident and trying to get a feel for how the insurance will view it. I haven’t contacted them (for her) yet as both SiL and other lady have been taken to hospital (not too serious) and waiting for the police to send me the details. Anyway, hopefully I can attach the Google maps photo and if it works, she is the red arrow and other car the blue.
Blue car is leaving a give way T junction, unfortunately the red car will normally still be indicating left as it gets to the blue cars junction (approx 70m after exit) as the exit road is up hill and continually turning left, meaning indicator does not cancel. Most locals know this and if your joining from T junction you always wait and if your exiting duel carriageway you cancel the indicator manually. Unfortunately she’s visiting us and has driven up from Cambridge. So the question is where the blame will be apportioned, car pulling out from t junction or SiL for not cancelling her turn left indicator manually, or 50/50?
By the way, both cars look like right offs.
Blue car is leaving a give way T junction, unfortunately the red car will normally still be indicating left as it gets to the blue cars junction (approx 70m after exit) as the exit road is up hill and continually turning left, meaning indicator does not cancel. Most locals know this and if your joining from T junction you always wait and if your exiting duel carriageway you cancel the indicator manually. Unfortunately she’s visiting us and has driven up from Cambridge. So the question is where the blame will be apportioned, car pulling out from t junction or SiL for not cancelling her turn left indicator manually, or 50/50?
By the way, both cars look like right offs.
Police have just contacted me and all they gave me were the other persons details, i.e. car reg, incident No and that her insurance is with RSA, didn’t have anything for SiL and I’ve no idea who she’s with as she’s still in hospital. Do I just find the contact details for this other person and speak to her insurance on SiL’s behalf? As you can see never had to report an driving accident.
Car pulling out of the junction will be at fault.
I very nearly had an accident like this when my idiot friend put my indicator close to a junction that I had no intention of using because he thought left would be a better way ! Car at the junction pulled out to town right. How we didn’t hit I’ll never know ! Luck.
I very nearly had an accident like this when my idiot friend put my indicator close to a junction that I had no intention of using because he thought left would be a better way ! Car at the junction pulled out to town right. How we didn’t hit I’ll never know ! Luck.
While the car pulling out has a duty to see that it's safe to do so, I'm not sure that makes it OK to signal wrongly.
The Highway Code:
2. Signals (103 to 106)
103
Signals warn and inform other road users, including pedestrians (download ‘Signals to other road users’), of your intended actions. You should always
give clear signals in plenty of time, having checked it is not misleading to signal at that time
use them to advise other road users before changing course or direction, stopping or moving off
cancel them after use
make sure your signals will not confuse others. If, for instance, you want to stop after a side road, do not signal until you are passing the road. If you signal earlier it may give the impression that you intend to turn into the road. Your brake lights will warn traffic behind you that you are slowing down
use an arm signal to emphasise or reinforce your signal if necessary. Remember that signalling does not give you priority.
104
You should also
watch out for signals given by other road users and proceed only when you are satisfied that it is safe
be aware that an indicator on another vehicle may not have been cancelled.
Everyone has a duty not to hit the other.
One person being in the wrong doesn't necessarily absolve the other.
Wishing all a swift recovery and a new car for xmas.
The Highway Code:
2. Signals (103 to 106)
103
Signals warn and inform other road users, including pedestrians (download ‘Signals to other road users’), of your intended actions. You should always
give clear signals in plenty of time, having checked it is not misleading to signal at that time
use them to advise other road users before changing course or direction, stopping or moving off
cancel them after use
make sure your signals will not confuse others. If, for instance, you want to stop after a side road, do not signal until you are passing the road. If you signal earlier it may give the impression that you intend to turn into the road. Your brake lights will warn traffic behind you that you are slowing down
use an arm signal to emphasise or reinforce your signal if necessary. Remember that signalling does not give you priority.
104
You should also
watch out for signals given by other road users and proceed only when you are satisfied that it is safe
be aware that an indicator on another vehicle may not have been cancelled.
Everyone has a duty not to hit the other.
One person being in the wrong doesn't necessarily absolve the other.
Wishing all a swift recovery and a new car for xmas.
tony wright said:
Police have just contacted me and all they gave me were the other persons details, i.e. car reg, incident No and that her insurance is with RSA, didn’t have anything for SiL and I’ve no idea who she’s with as she’s still in hospital. Do I just find the contact details for this other person and speak to her insurance on SiL’s behalf? As you can see never had to report an driving accident.
No, you need to stay out of it and let your SIL deal with it when she gets out of hospital, the insurance companies involved will take the view that it's none of your business. There's also the chance that you may say something that prejudices her position. Firstly hope your SIL is ok.
My view is that assuming she was sticking to the speed limit then the other driver is at fault for crossing the white give way turning.
However no doubt the other driver may claim that in their opinion the indicators were on and in their opinion the car had slowed ( they have nothing to lose by saying this ) so may not be quite as clear cut although still presumably 50/50 at worst for your SIL.
Given your SIL is “ unable “ to call the others parties Insurer then I think you should if only to protect her position should the so called guilty party get in contact first.
My view is that assuming she was sticking to the speed limit then the other driver is at fault for crossing the white give way turning.
However no doubt the other driver may claim that in their opinion the indicators were on and in their opinion the car had slowed ( they have nothing to lose by saying this ) so may not be quite as clear cut although still presumably 50/50 at worst for your SIL.
Given your SIL is “ unable “ to call the others parties Insurer then I think you should if only to protect her position should the so called guilty party get in contact first.
alscar said:
However no doubt the other driver may claim that in their opinion the indicators were on and in their opinion the car had slowed ( they have nothing to lose by saying this ) so may not be quite as clear cut although still presumably 50/50 at worst for your SIL.
Not sure really as the police told me to contact the other persons insurance and give the details of the accident, which I did.
Talk about coincidences, the main witness (car behind my SiL) is my next door neighbour as she was on her way home from work. Other driver is also a local and lives approx 100m away from the junction so really should of know better and it must of been pretty obvious SiL wasn’t turning left due to the speed she would of been travelling. She’s also driving a mobility car as her insurance told me they would need to get them to ring me back tomorrow.
Talk about coincidences, the main witness (car behind my SiL) is my next door neighbour as she was on her way home from work. Other driver is also a local and lives approx 100m away from the junction so really should of know better and it must of been pretty obvious SiL wasn’t turning left due to the speed she would of been travelling. She’s also driving a mobility car as her insurance told me they would need to get them to ring me back tomorrow.
I doubt the third party insurance company will discuss anything further with you relating to the incident as presumably you aren’t the policyholder nor the driver of the other vehicle.
Your sister has roughly three options.
1. Let her own insurer deal with the repairs or pay the writeoff for her vehicle and they will seek recovery from the third party.
2. She could contact the third party insurer directly. They will make their own enquiries with their policyholder and if they deem him/her to be at fault, they will deal with her claim themselves.
3. Use an Accident Management Company. If they think your sister has a good chance of successfully bringing a claim, they will take her claim on and will deal with chasing for a writeoff payout, give her a hire car on credit and possibly bring a PI claim too if needs be.
Your sister has roughly three options.
1. Let her own insurer deal with the repairs or pay the writeoff for her vehicle and they will seek recovery from the third party.
2. She could contact the third party insurer directly. They will make their own enquiries with their policyholder and if they deem him/her to be at fault, they will deal with her claim themselves.
3. Use an Accident Management Company. If they think your sister has a good chance of successfully bringing a claim, they will take her claim on and will deal with chasing for a writeoff payout, give her a hire car on credit and possibly bring a PI claim too if needs be.
There is case law on this type of incident- the one I remember from my motor claims days back in the mists of time is Wadsworth V Gillespie .
Anyway here is some bedtime reading!
https://www.true.co.uk/case-studies/common-scenari...
Anyway here is some bedtime reading!
https://www.true.co.uk/case-studies/common-scenari...
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