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Original poster

Who's at fault?

79 replies

Danielle9891 · 21/05/2023 21:46

Last month my partner was in a car accident and believes the fault was 50/50 while the other party believes he was at fault. Just wondering what do yous believe? I've only started learning to drive so I'm not 100% sure.
While driving along a road in N.Ireland (1 lane in each direction) a car ahead was going pretty slow so he indicated then proceeded to overtake. Unfortunately, the other driver decided to turn right into a driveway at the same time, resulting in the front of his car hitting the bumper of the other car and cracking it. The other driver is claiming for injuries and loss of work as well as the car repairs ect and saying he is at fault but my partner thinks it's 50/50 as he never saw her indicate and she must not have checked her mirrors.

What do you all think?

OP posts:
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PurpleCityscape · 22/05/2023 17:17

@Danielle9891 sounds good, you'll be a grand driver 😊

towriteyoumustlive · 22/05/2023 16:56

Nomowmay · 22/05/2023 16:46

The overtaking car will be at fault, especially if it hit the rear bumper. I believe it is clear cut 100% on overtaking car for insurance purposes.

I witnessed a motorbike overtaking a car in a town centre as the car had slowed down, and the car turned right without indicating, knocking the motorcyclist off her bike.

The motorcyclist was found not at fault. I gave my details as a witness along with a couple of others and we had to write a statement for the insurance.

The OP will need to prove the other driver didn't indicate which might be difficult unless they have a witness or a dash cam.

Also, as the OP hit the rear bumper, did they not have time to brake??

I would argue with the insurance that the other driver was 100% at fault as they did not check their driver side mirror before their manoeuvre, but be prepared to accept 50/50 due to lack of proof over the other driver not indicating.

Nomowmay · 22/05/2023 16:46

The overtaking car will be at fault, especially if it hit the rear bumper. I believe it is clear cut 100% on overtaking car for insurance purposes.

Original poster
Danielle9891 · 22/05/2023 16:33

PurpleCityscape · 22/05/2023 15:49

Since you're a learner OP, asking for tips, my advice would be, don't overtake where there is somewhere that the driver you're overtaking might turn right into. Don't expect to be able to drive at the speed limit at all times, and if you're in any way unsure of whether to overtake, don't.
Overtaking on a single track road should be a rarely used manoeuvre, used only when it's really necessary. It is not something to be done just because you're impatient.

I drive daily, and have been driving for 25 years. I have overtaken another 4 wheeled vehicle on a single rack road this year - thinking about it I can't think that I have this year. It really should not be a routine thing to do.

Thank you for your advice. I really can't see myself overtaking anyone. I'm the most laid back person who would always leave early in case there is traffic. I can't see the point in overtaking just to gain a few minutes and it's not worth the risk, especially as I have a baby who would be in the car with me. I've done my research on carseats and I've ordered a really safe one. (UK rules and regulations on car seats are really behind other countries) Also I'd be on my R plates for a year so can't go above 40.

OP posts:
Original poster
Danielle9891 · 22/05/2023 15:57

Looks like most people agree its he's fault, I'll update once we find out what the insurance says.

Just to clarify It wasn't a full on bumper to bumper if that makes sense. Looking at his car it was his lefthand side of the front bumper collided with the back right-hand side of the other car's bumper as the driver entered the side of the road his was driving on.

Luckily the other driver had family in the house and they were all able to stand and talk after. I really hope the driver is ok as they mentioned 7 weeks prior they were in another car crash. Their airbags didn't go off so I'm hoping my partner and his car came of the worst.

There was a tour bus/coach and other cars pretty close behind so I was hoping they have CCTV that would show what happened. (Not that it really matters as he's either half at fault or fully, either way he's lost his no claims) the coach didn't stop though, it just waiting for them both to move their cars to the side of the road and carried on.

He's normally a careful driver and hasn't ever crashed in the 17 years he's been driving. Once I pass my driving test, I'm not sure I'd risk overtaking any car doing about 20/30 even if I was on a 60 road. You never know if they will turn into or in front of you and this road has loads of small driveways and farmer field entrances for people to turn into.

OP posts:
PurpleCityscape · 22/05/2023 15:49

Since you're a learner OP, asking for tips, my advice would be, don't overtake where there is somewhere that the driver you're overtaking might turn right into. Don't expect to be able to drive at the speed limit at all times, and if you're in any way unsure of whether to overtake, don't.
Overtaking on a single track road should be a rarely used manoeuvre, used only when it's really necessary. It is not something to be done just because you're impatient.

I drive daily, and have been driving for 25 years. I have overtaken another 4 wheeled vehicle on a single rack road this year - thinking about it I can't think that I have this year. It really should not be a routine thing to do.

Gcsunnyside23 · 22/05/2023 15:48

Danielle9891 · 21/05/2023 22:09

Not really residential. It's the A2 in Antrim. Mostly it's a 60 but goes down to 30 going through some of the villages.
It's a scenic route so theres always tourists going slow.

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I know that road, Its rife for slow tourists and people on a day out not used to the road so I understand why he may have overtook. Even though it drops to 30 here and there it's mostly scenic not residential I think with insurance it'll come down 50/50 as he was on other side of the road so both at fault

londonrach · 22/05/2023 14:57

I'd say he was at fault.

Rainbowshine · 22/05/2023 14:52

I pass a junction on a daily basis where vehicles often pull out in front of me (going straight on) when they really should wait (60mph road). I simply slow down a little before the junction and anticipate that this is going to happen and that I will have to wait for them to reach whatever speed they might get to ((40mph for some). I don’t overtake as it’s just part and parcel of driving, there’s slower vehicles and drivers and I just have to adapt my speed if someone is in front of me going slower. There are some overtaking opportunities but where there are junctions, driveways and parked cars etc isn’t the best place to do that. I think from what you described your husband is at fault.

Achwheesht · 22/05/2023 14:30

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Achwheesht · 22/05/2023 14:29

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fireflyloo · 22/05/2023 14:24

I would say he was at fault. The other driver must have seen his car if she pulled out in front of him. I'd be surprised if they didn't indicate knowing there was a car behind. Or maybe they did but your dp had already started to overtake.

coffeecupsandwaxmelts · 22/05/2023 14:19

This thread is more for me as a learner trying to understand if your overtaking on a road, where it is permitted and there is no cars coming your way and another driver pulls out in front of you is it a mistake on both parts or solely on the person overtaking?

99% of the time, the driver behind is the one at fault. If your DP wasn't sure what the other driver was doing, he should have slowed down, hung back and waited until it was obvious.

Overtaking someone who has just pulled out of a junction is incredibly reckless - if the other driver hadn't been turning off, she would have accelerated and then what would your DP have done? Gone even faster or been forced to pull back over to avoid an oncoming car?

The fact that he only hit her rear right bumper says that she'd nearly completed her turn when he hit her - which implies that he wasn't paying attention and should never have started to overtake in the first place.

ell32 · 22/05/2023 14:08

hedgehoglurker · 22/05/2023 12:15

I was overtaking a tractor, indicating, giving space, etc. I had almost completed the manoeuvre when the tractor suddenly turned right into a field entrance (not into a road and not indicating). The tractor front tyre hit my rear bumper.

I was automatically found at fault, as I was overtaking. The tractor didn't claim as they had no damage.

No way really?!

I wouldn't have wanted to accept fault on that as an insurance company!

Definitely some liability on the tractor for not checking mirrors!!

ell32 · 22/05/2023 14:03

I actually work in motor liability and would say that's 50/50 all day long. The third party is going to struggle to get full fault as they should have checked their mirrors.

I would actually argue there's more fault on her for not indicating but hard to prove.

The most common case law is Pell vs Moseley which I imagine the insurance companies would go by which is 50/50.

Original poster
Danielle9891 · 22/05/2023 14:00

GoodChat · 22/05/2023 13:54

If you're overtaking the responsibility is always on you to make sure there's absolutely nothing ahead or that is going to impact your overtake.

Show quote history

There was nothing ahead. It was the car he was overtaking turned right without indicating.
But yes I think he should have waited

OP posts:
Nordicrain · 22/05/2023 13:56

I agree that your partner was a fault in this instance.

GoodChat · 22/05/2023 13:54

Danielle9891 · 22/05/2023 12:05

I definitely think some fault is with him but I'm not 100% if the other driver has some fault as well. This thread is more for me as a learner trying to understand if your overtaking on a road, where it is permitted and there is no cars coming your way and another driver pulls out in front of you is it a mistake on both parts or solely on the person overtaking?

I've only started driving so while it's up to the insurance to sort out I was wondering if you're overtaking what can you do to avoid this? When your overtaking can anyone just pull out in front of you and it will be your fault? I did my theory not long ago and I can't remember if it mentioned about overtaking. I'm a very nervous learner driver so I want to learn how to drive as safely as possible, especially as I will be driving (hopefully before Christmas) with a 1 year old. I've got her a Swedish plus tested car seat.

If you're overtaking the responsibility is always on you to make sure there's absolutely nothing ahead or that is going to impact your overtake.

hedgehoglurker · 22/05/2023 12:15

I was overtaking a tractor, indicating, giving space, etc. I had almost completed the manoeuvre when the tractor suddenly turned right into a field entrance (not into a road and not indicating). The tractor front tyre hit my rear bumper.

I was automatically found at fault, as I was overtaking. The tractor didn't claim as they had no damage.

Original poster
Danielle9891 · 22/05/2023 12:05

I definitely think some fault is with him but I'm not 100% if the other driver has some fault as well. This thread is more for me as a learner trying to understand if your overtaking on a road, where it is permitted and there is no cars coming your way and another driver pulls out in front of you is it a mistake on both parts or solely on the person overtaking?

I've only started driving so while it's up to the insurance to sort out I was wondering if you're overtaking what can you do to avoid this? When your overtaking can anyone just pull out in front of you and it will be your fault? I did my theory not long ago and I can't remember if it mentioned about overtaking. I'm a very nervous learner driver so I want to learn how to drive as safely as possible, especially as I will be driving (hopefully before Christmas) with a 1 year old. I've got her a Swedish plus tested car seat.

OP posts:
TheInterceptor · 22/05/2023 06:38

Diagram, please. Oh, and it's his fault for being impatient.

Achwheesht · 22/05/2023 06:23

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Fandabedodgy · 22/05/2023 06:19

I'd say 50/50 but insurance/police will decide

Retire50 · 22/05/2023 06:18

Your partner is at fault. However, his insurance will decide if it thinks 50/50 will stand up in court.

GoodChat · 22/05/2023 06:06

He was driving on the wrong side of the road, unaware of other road users, and hit someone in the back end. He's 100% at fault.

You can't blame someone for crossing into your lane when you're on the wrong side of the road and still far enough behind them to hit their back end.