Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Car accident.. who is at fault here?

208 replies

Greenleafants · 24/04/2024 13:53

I am so stressed so bare with me. Going down the A1 but it’s a single carriageway and turning right into a little side road because I live there. I stop and start Indicating right as there is approaching traffic on other side of the road. I can see a white van approaching my rear at high speed but I still don’t want to turn as there is traffic coming very quickly on other side of road. Then I see a gap but I am really stressed at this point and I stall my car like an absolute fool. So embarrassed. Crash. He goes into the back of me and he was absolutely raging. His van is damaged worse than my car, I have some damage to my bumper but managed to drive home.. I’ll be found at fault for, won't I?

OP posts:
New posts on this thread. Refresh page
Jaxhog · 25/05/2024 13:38

Something similar happened to me not long after I passed my test. Only difference was that it was a roundabout. I stalled and the car behind the car behind me smashed into us. Insurance companies dealt with it and my car was repaired at his ultimate cost.

Don't worry, from what you've described, you were not at fault. He was a dick..

eastegg · 26/04/2024 13:23

Teledeluxe · 25/04/2024 20:39

Don’t mention stalling as it’s irrelevant and might encourage the van’s insurer to find an excuse to blame you.

Don’t agree with not mentioning it. It’s not irrelevant. It helps explain why the man made the error he did. Which was an error, making him liable not OP. But it’s not irrelevant like ‘there were daffodils growing at the side of the road’ would be, and should not be deliberately hidden.

eastegg · 26/04/2024 13:14

ImNotAPanda · 24/04/2024 14:40

It’s also a well known scam for people with already damaged cars. They are in front of you at a roundabout and it’s clear so you think they’ll move and then They stop and you go into the back of them but it’s technically your fault

A scam which I suspect virtually never works. It relies on the following car driving badly/not paying attention like the man in the OP. It’s also likely, if it causes a collision at all, to be a very low speed one which it would be difficult to pass off as having caused pre-existing damage. I don’t think we need to be unduly worried about people in the OP’s position being scammers.

Nothingandnobody · 26/04/2024 12:58

WarshipRocinante · 26/04/2024 08:49

Yet you don’t understand that being stationary means stalling makes no real difference, no matter the road you are on. You’re giving the OP total nonsense advice.

I gave an opinion.

pollymere · 26/04/2024 09:14

It's definitely his fault. If you ever get in a situation like this take pics. I had a guy say I'd scraped his car in a car park but I took photos showing no damage to my car and he ended up losing the case.

You were turning right. Irrespective of stalling, you are allowed to make the turn when you feel comfortable and able to do so. Therefore he should have slowed down to avoid going into the back of you.

My DH had someone do this to him at a roundabout as they'd assumed he'd move off. He had stopped because he realised it wasn't actually safe to do so. The car who went into the back of him was found to be completely at fault.

WarshipRocinante · 26/04/2024 08:50

BarbarasRhabarberBar · 26/04/2024 08:40

The only time this will help is if the driver is on their phone/not looking at the road at all.

If a driver looking square at you from behind can't see you or judge the stopping time a horn will do nothing but confuse everyone around you.

I literally said in the post you quoted that the issue is van drivers using this road as a rat run whilst playing on their phones. So they’re not looking.

WarshipRocinante · 26/04/2024 08:49

Nothingandnobody · 26/04/2024 07:25

Really… do you need some help understanding?
Wow could you be any more condescending. I've been driving for about 25 years thanks.

Yet you don’t understand that being stationary means stalling makes no real difference, no matter the road you are on. You’re giving the OP total nonsense advice.

WarshipRocinante · 26/04/2024 08:46

Clafoutie · 26/04/2024 04:18

On using the horn. In a case like this, with oncoming traffic, wouldn’t using the horn to alert someone behind you be potentially alarming/confusing to that oncoming traffic? Sometimes using the horn inappropriately can actually create a danger.

The point of a horn is to alert. If an oncoming driver suddenly panics and causes an accidents or freaks out then they’re just a shit driver. You don’t hear a horn and start swerving all over the road. If I see a van driver coming up behind me with his head facing down because he is on his bloody phone then I’m not going to just sit there and I won’t always have time to take off and get up to speed, so I sound my horn to make them bloody look.

I had a van come through my garden wall and stop before hitting my house because he hit the tree in my front garden, all because he wasn’t looking, my neighbour was waiting to turn and he had to swerve to avoid, manage to somehow avoid the oncoming traffic by getting through a tiny gap as he was going so fast but went right into my garden. So yeah… if one of them is coming up on their phone and not looking, I will sound my horn.

Just to add - it’s a wee country road with Jo pavements and a handful of houses, which is why the road is used as a rat run by shit drivers because they just don’t expect anyone to be waiting to turn off, despite coming towards to few houses on the road. So they come round the wee bend at speed with no time to stop if they’re not paying attention once they round the bend.

BarbarasRhabarberBar · 26/04/2024 08:40

WarshipRocinante · 24/04/2024 14:08

When you saw him coming at speed, did you sound your horn? I have a horrible right turn I have to make regularly on a country road which people speed down, and when I’m waiting to turn, I keep an eye half on the rear view. Anyone coming up too fast and not slowing and I will sound the horn to get them to pay attention. We get a lot of issues of van drivers using this road as a rat run and using their phones at the wheel. If I’m not sure they’ve seen me stationary in the road, then I’ll sound my horn. That’s what it’s for; to notify other driver’s of your presence.

But as to your question, this is 100% him. When you’re driving, you don’t make decisions on what someone in front of you should be doing, or what you think they should be doing. You make decisions on what they are actually doing. He kept his speed up because he thought you’d made the turn before he got there. He was wrong and he hit you. If he had driven to the conditions in front of him - a stationary car not yet moving, then he would have come up behind you at a crawl instead of at speed. It doesn’t matter that you stalled, if he didn’t have enough time to brake then he was coming too fast up behind a stationary car.

The only time this will help is if the driver is on their phone/not looking at the road at all.

If a driver looking square at you from behind can't see you or judge the stopping time a horn will do nothing but confuse everyone around you.

Ariela · 26/04/2024 08:11

Given my friend on a motorbike was behind a car at the traffic lights and his insurance held him liable for damage to a car rolling BACK on a downhill slope at a traffic lights by his insurance (and despite one witness saying he was stationary with 1 foot on ground and the car in front rolled back), I can safely say in any query it is ALWAYS the car behind considered at fault for not stopping.

Nothingandnobody · 26/04/2024 07:25

Really… do you need some help understanding?
Wow could you be any more condescending. I've been driving for about 25 years thanks.

SpoonyFish · 26/04/2024 04:48

He's the bad driver, not you. New drivers stall all the time. Its all part of becoming more experienced.

He is entirely at fault from what you've described, and best of it is, he absolutely knows it himself but couldn't own it instead wanting to bully you.

I've rear ended someone as a new driver, I was absolutely mortified. I did not adjust my driving for what I couldn't yet see ahead of me until it was too late, big lesson learned for me. And absolutely no fault of the poor folk I hit. Your man should have been as apologetic to you, but there's a relevant saying about pigs grunting 🤣

Don't let this knock your confidence OP!

Clafoutie · 26/04/2024 04:18

WarshipRocinante · 24/04/2024 14:08

When you saw him coming at speed, did you sound your horn? I have a horrible right turn I have to make regularly on a country road which people speed down, and when I’m waiting to turn, I keep an eye half on the rear view. Anyone coming up too fast and not slowing and I will sound the horn to get them to pay attention. We get a lot of issues of van drivers using this road as a rat run and using their phones at the wheel. If I’m not sure they’ve seen me stationary in the road, then I’ll sound my horn. That’s what it’s for; to notify other driver’s of your presence.

But as to your question, this is 100% him. When you’re driving, you don’t make decisions on what someone in front of you should be doing, or what you think they should be doing. You make decisions on what they are actually doing. He kept his speed up because he thought you’d made the turn before he got there. He was wrong and he hit you. If he had driven to the conditions in front of him - a stationary car not yet moving, then he would have come up behind you at a crawl instead of at speed. It doesn’t matter that you stalled, if he didn’t have enough time to brake then he was coming too fast up behind a stationary car.

On using the horn. In a case like this, with oncoming traffic, wouldn’t using the horn to alert someone behind you be potentially alarming/confusing to that oncoming traffic? Sometimes using the horn inappropriately can actually create a danger.

Skodacool · 26/04/2024 01:12

Alloveragain3 · 24/04/2024 13:56

It will be put down as his fault as he drove into the back of you. Doesn't matter what you did (broke sharply, stalled, whatever).

Braked not broke

Onetoffeetin · 26/04/2024 00:42

MrsKwazi · 24/04/2024 13:57

He is raging because it’s his fault and he knows it

This! It is ALWAYS the fault of the person behind. Their responsibility to keep a safe distance and anticipate.
Good luck OP.

OpusGiemuJavlo · 26/04/2024 00:15

No you are not at fault. He is 100% to blame and is "raging" because sexism and sense of entitlement.

He should have stopped. Staying travelling at speed on the assumption that you would get out of the way in time is shit driving precisely because he had no way to know if your car would stall etc.

He was an idiot.

unsync · 26/04/2024 00:10

Greenleafants · 24/04/2024 13:57

He expected me to move off and I stalled. He said I shouldn’t be on the main roads. I passed my test in January so I’m a new driver.

He's an arse. And wrong. Just because he expected you to move off, doesn't mean that you would. He should have allowed for the possibility that you might not have moved and adjusted his speed accordingly.

Klwp · 25/04/2024 22:17

He drove into you when you were waiting to turn. That's his fault. He might have expected you to move, that's irrelevant - he can't just drive into someone as they were slow to move off. Someone drove into the back of my dh when my dh was waiting at a zebra crossing. No question that is was the other guy's fault.

Teledeluxe · 25/04/2024 22:12

Itloggedmeoutagain · 25/04/2024 20:54

They won't find one.
Car behind should not proceed until the one in front moves off
She didn't move off
Stalling is irrelevant

Yes, it’s irrelevant and van man is 100% to blame.

Xmasdaft2023 · 25/04/2024 21:16

100% he is at fault!!
many years ago I was at a junction and a similar twat drove in to me (causing extreme damage to mine).. the only thing I was concerned about was my child and yet he was hellbent on arguing he wasn’t at fault. I laughed in his face and told him to take a hike or I’d call the police.
Stand your ground every time is my only recommendation as unfortunately intimidation is common in circumstances like these.
I hope you’re ok, I hope the fight with insurance will be minimal (as he WAS at fault) and I hope you don’t come across another driver like that again!

Itloggedmeoutagain · 25/04/2024 20:54

Teledeluxe · 25/04/2024 20:39

Don’t mention stalling as it’s irrelevant and might encourage the van’s insurer to find an excuse to blame you.

They won't find one.
Car behind should not proceed until the one in front moves off
She didn't move off
Stalling is irrelevant

Teledeluxe · 25/04/2024 20:39

Don’t mention stalling as it’s irrelevant and might encourage the van’s insurer to find an excuse to blame you.

TiptoeThroughTheToadstools · 25/04/2024 19:23

Worked in insurance for many years, it's the van drivers fault, you must always be able to stop, and if he couldn't, he wad going too fast. There is no possible way you will be found at fault, not even partially.

minny80 · 25/04/2024 19:19

Greenleafants · 24/04/2024 13:57

He expected me to move off and I stalled. He said I shouldn’t be on the main roads. I passed my test in January so I’m a new driver.

You have every right to be on the road. He is an asshole and totally at fault.

OldPerson · 25/04/2024 19:00

This is why we have insurance. Don't stress about it. No one got hurt.

Raging nutter is a raging nutter.

If you have the right to turn right and are indicating - you shouldn't be stressed by a driver behind you. Nor should that stress you into making a turn before you feel it's safe to do so.

But if you easily get stressed - you might need to consider your route home, such as driving further on until there's a more convenient place to do a u-turn.