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Original poster

Crash! Boom! Bang! - Car accident, who's at fault?

491 replies

NothingOnButTheRadio · 26/10/2020 16:36

Had a car accident earlier. Wondering what your thoughts are.

Car A had slowed down to turn into the first road on the right and was indicating.

Car B was turning left .

Not unusual to have a steady stream of traffic (lights further up the road.

Car A began turning. Car B ploughed into the side of Car A. Both drivers accusing the other. Both vehicles I'd think are write-offs.

Obligatory drawing - yes, I'm shit at drawing!

Car A

Crash! Boom! Bang! - Car accident, who's at fault?
OP posts:
wewereliars · 26/10/2020 19:48

Car A turned across car b's path. Car A at fault

cologne4711 · 26/10/2020 19:50

@Signoftimes

If it helps I worked for an insurance company for a number of years. This is straightforward, the van pulled out from a side road without checking the coast was clear. It doesn’t matter what you did as his manoeuvre was at fault. He is to blame
Not true. There are two side roads. Otherwise, it would be very clear as you say. I think A was to blame.
vanillandhoney · 26/10/2020 19:51

@Signoftimes

If it helps I worked for an insurance company for a number of years. This is straightforward, the van pulled out from a side road without checking the coast was clear. It doesn’t matter what you did as his manoeuvre was at fault. He is to blame
How is it his manoeuvre at fault when OP was turning across a lane of traffic, and, by her own admission, hadn't actually stopped the car first?
cologne4711 · 26/10/2020 19:52

@throwawaydriver

I actually created an account to comment here, as I simply cannot believe how many people think that B is even possibly at fault. Turning left to join a road you look right, because there can only be someone coming the other way if they’re on the wrong side of the road. If it’s clear as you approach the road, you could well be doing 15 or 20 as you round the corner into the road.

OP evidently thought she had more time than she did, but is completely in the wrong here: she pulled across a lane of traffic when it (evidently!) wasn’t safe to do so. Van was established on the road, & you cut him up, dangerously. Your insurance should be paying.

I agree.

Although, when I was doing my civil litigation course on the Legal Practice Course you had(ve) to do to become a solicitor, we did a case study quite close to this scenario, where someone had ended up on the wrong side of the road overtaking something and our client had turned left and only looked right, as you do. It was all about whether our "client" was to blame and the court procedures you follow.

nolovelost · 26/10/2020 19:54

Do you know that your indicator bulb was okay?

KTheGrey · 26/10/2020 19:55

@PurpleFlower1983 The car that starts on the main road has right of way. A was on the main road throughout, where B joined it.

Jux · 26/10/2020 19:55

I hope your bones mend quickly and you're not in too much pain Flowers

wewereliars · 26/10/2020 20:00

scary number of people on here do not know the rules of the road. Being on the major road first does not give you the right to cross the path of an oncoming vehicle.

LadyLinnaeus · 26/10/2020 20:03

Unless Car B pulled out and accelerated hard on the main road after Car A had already committed to turning right, Car A is at fault. Car A is also at fault for creeping - it doesn’t matter if other people do this, it’s bad practice not to fully stop and look before proceeding...sorry (get well soon)

vanillandhoney · 26/10/2020 20:03

[quote KTheGrey]@PurpleFlower1983 The car that starts on the main road has right of way. A was on the main road throughout, where B joined it.[/quote]
But A wasn't on the same stretch of road as B. She was facing forward and getting ready to turn right. She doesn't automatically have right of away across a lane of traffic!

LindaEllen · 26/10/2020 20:10

Unless A cut the corner, B overshot the turn - or both - there's no way these two cars should even have hit each other.

yellowcatss · 26/10/2020 20:17

hope this helps from both car perspectives car b gets to a junction turning left looks right sees there a gap and goes then get hit buy a car making a right turn
car b stop for a right turn and mistakenly think theres a gap in the oncoming lane when there is not especially as car a should of seen b indicate and reasonable expect they would pull out as they had every right to do

NoWordForFluffy · 26/10/2020 20:18

@LindaEllen, you've got A going into the wrong side road (see attached).

There's no way the Transit can accelerate fast enough to not have already either a) have been committed to turning left, so was at least partly across the junction or b) already on the main carriageway when A turned right.

I think A is more likely to be found at fault. I'd like to check Binghams to see if there's any case law that could assist A though. Maybe there may be some split, but it's a bit straw-clutchy.

OP, when did you first see the van? How far from the junction were you when you saw it for the first time? Where was B as you started your turn? Where is the damage on your car?

Crash! Boom! Bang! - Car accident, who's at fault?
Freehugs · 26/10/2020 20:25

I hope your okay, and wish you a speedy recovery.
Is there any dash cam footage that your aware of, any witnesses?
Sadly it could be argued that both car A and car B should have been anticipating each other pulling out - regardless of who had the right of way. (Even if you know that they ploughed out at speed without indicating or looking) Insurance would be split liability Confused.
It’s becoming quite a common thing. A lot easier and less expensive than trying to prove who was right and who was wrong. You could have all the facts of the accident but unless theres definitive proof or the other driver is willing to be honest then it’s your word against theirs. Hugely frustrating.

yellowcatss · 26/10/2020 20:55

@NothingOnButTheRadio

But you must have also seen him indicating

Except he *wasn't indicating". It's purely dangerous and turning from a side road is pure folly. It's a busy road then observation is an important trait. Yet millions of people across the country manage to adhere to HC, and pay attention when driving.

the transit cant of just appeared from nowhere you must of seen him at the junction and thought am i going to be able to complete my right turn if he turns left
StatisticallyChallenged · 26/10/2020 21:16

Did the transit stop at the junction, or is it positioned in such a way that he would have had a clear view to his right (up the main road) as he approached and so seen that there was a gap and just gone for it without stopping?

Depending on the width of the main road, his speed on approach and whether he stopped it is possible that the OP started her turn before he crossed the line but he still ended up hitting her.

NoWordForFluffy · 26/10/2020 21:28

She should still have seen him and assessed whether it was safe to turn. If she saw him and he was clearly not stopping, then she shouldn't have gone. If she didn't see him at all, then it's not just him who wasn't looking!

MintyMabel · 26/10/2020 21:38

B. No question.

callmeadoctor · 26/10/2020 21:45

Careless driving, both of you. Thought the OP was going to come back?

callmeadoctor · 26/10/2020 21:57

However, as long as you are both ok, thats what car insurance is for. Hope you feel better soon OP x

BadLad · 26/10/2020 22:02

So B turned left, from a stationary position, drove straight for three metres, hit your car on the passenger side and caused all those injuries to you on the driver's side as well as writing off both cars.

Are you sure you haven't left some details out, because that seems extremely unlikely?

MadeForThis · 26/10/2020 22:18

That's a high impact collision. B must have been going fast by the time he hit you.

StatisticallyChallenged · 26/10/2020 22:21

That's a high impact collision. B must have been going fast by the time he hit you.

That's what makes me wonder if he never stopped at all. I don't see how he could have hit hard enough to do so much damage if he'd only turned on to the road from stationary 3m earlier

NoWordForFluffy · 26/10/2020 22:23

Especially in a Transit. Not exactly a hot hatch. I wonder if he definitely came from the side road?

stackemhigh · 26/10/2020 22:26

What have the insurance company said? Or is it too soon?

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