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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Accident- AIBU to question who's at fault

77 replies

Purpleheadgirl · 24/05/2021 14:01

So car accident happened as shown n diagram. Car B in left hand lane, empty lane and green light to go around the corner. Row of static cars next to them as waiting at red light to go straight on. Car A is coming the other direction, sees a gap in the static queue and drives though it to reach the carpark, in doing so crosses the lane where Car B is. Car B couldn't stop in time and hit car Car A. AIBU unreasonable to think Car A is at fault?

Accident- AIBU to question who's at fault
OP posts:
Aroundtheworldin80moves · 24/05/2021 17:55

I've seen a few accidents like that (outside a McDonald's drive through!) And it's always been caused by impatient Car A drivers.

ElizabethTudor · 24/05/2021 18:06

So, are you Car A or Car B?

Crockof · 24/05/2021 18:09

Car A but lush diagram.

B was travelling in its own lane whilst A cut across it.

Original poster
Purpleheadgirl · 24/05/2021 18:13

So who I would have loved to have was car c, the driver in a car who gave me their number then I wouldn't still be chasing this weeks later :(
So I am car B. Happily driving along, not speeding, when car a appeared in front of me. Couldn't see a break in the static queue let alone any car coming through. Only short distance from lane splitting into two, and same short distance until the turn. My car has now been written off and apparently his insurance are still questioning the liability.....but can't tell us why....and my lot seem not very keen on pushing it! :(

OP posts:
toocold54 · 24/05/2021 18:59

Fantastic diagram!
I can’t see how the insurance won’t pay out as it’s obvious you had right of way.

Hankunamatata · 24/05/2021 19:10

Love diagram. I'd say car A is at fault as they are cross lane of traffic and B has right of way.

ElizabethTudor · 24/05/2021 19:14

Great diagram.
Keep pushing it with your insurance company. I would if I were you. As it seems bloody obvious to me that you have RoW, and Car A is at fault.

An0n0n0n · 24/05/2021 19:19

If still questioning lisbility then maybe they are checking for speeding evidence or if all details are up to date or if car a was drink driving or something else to give them a reason not to pay out?

Watermelon222 · 24/05/2021 19:27

I had a similar dispute with my insurance company when someone crashed into me in a different scenario, but similar in that I was driving correctly and they didn’t look properly.

My company wanted me to take 80/20 as the other car didn’t accept liability even though I had a witness. I refused to settle with that as it would have cost me money (not to mention increased insurance).

It took years and I didn’t hear anything, luckily car was drivable, and eventually I gave up and traded the car in for a new one, taking a hit on what I got for it.

The insurance company were adamant that claims only go through easily with 100% culpability if the other car is stationary.

Mamamamasaurus · 24/05/2021 19:35

Speed is irrelevant here. Car A absolutely at fault (ex insurance claims advisor here). A was crossing the lane and should've ensured the lane was clear.

We actually have very similar on the end of our road, there's at least one accident per week.

eurochick · 24/05/2021 19:37

Car A is very clearly at fault based on that description and diagram.

Original poster
Purpleheadgirl · 24/05/2021 19:38

It's like pulling teeth at the moment :( Car fully legal and no drink involved. I asked him what he thought he was doing and he said he thought I was turning into the car park. No indicator on. Even if I had been turning in, and even if indicator was on (which it wasn't!) We would still have hit each other, just at a different point of impact, and he still should have given me enough right of way as already in the lane but he didn't, just pulled through as if didn't know I could even be there

OP posts:
GlamGiraffe · 24/05/2021 19:38

A is at fault. B has right if way. A needs to wait for a gap in the traffic in B' lane before crossing that lane.

Original poster
Purpleheadgirl · 24/05/2021 19:40

Even the witness said he should have checked I was there but several weeks on they still haven't got her statement off them!

OP posts:
viques · 24/05/2021 19:42

Car A at fault. Even if the car in the static lane had beckoned, flashed their lights , whistled, put down a red carpet, etc etc it is car A’s responsibility to make sure that the rest of the road is clear before driving across the left hand lane. If it had been a cyclist or an idiot on a scooter they had hit it wouldn’t just be a matter of a damaged bumper.

viques · 24/05/2021 19:48

@viques

Car A at fault. Even if the car in the static lane had beckoned, flashed their lights , whistled, put down a red carpet, etc etc it is car A’s responsibility to make sure that the rest of the road is clear before driving across the left hand lane. If it had been a cyclist or an idiot on a scooter they had hit it wouldn’t just be a matter of a damaged bumper.
And even if car a had thought car b was turning into the car park they should have waited until they did so, though since car b wasn’t indicating how would they have assessed their intention! Personally I never 100% believe someone is turning even when indicating unless I can see them start the turn.
lms2017 · 24/05/2021 19:53

What are the road markings too ... Should car A even be crossing there or should they be going down and around ?.

Just ask your insurer to tell their insurer that you will be starting court proceedings as you will not be taking anything other than 100% liability from them.
They were definitely in the wrong they shouldn't have even been cross

KTheGrey · 24/05/2021 19:55

Car A at fault. Crossed a lane with priority. Open and shut.

KTheGrey · 24/05/2021 19:57

If his insurance don't pay out they can issue proceedings against them. If you have legal insurance then they should do this for you.

Librariesmakeshhhhappen · 24/05/2021 20:03

Just start calling your insurance everyday. The other driver is at fault. You cannot cross a lane of traffic without checking if it is clear. He crossed a lane without looking and pulled infront of you, leaving you no space to break.

MindyStClaire · 24/05/2021 20:25

Hope you get it sorted soon OP, rotten to have it hanging over you through no fault of your own.

I was involved in an accident like this - car B was pushed onto the pavement and knocked me down. Fortunately I wasn't hurt. Driver A was done for driving with undue care and attention. No idea what happened with the insurance.

Original poster
Purpleheadgirl · 24/05/2021 21:02

lms2017 as far as I can remember there are no specific markings, just the normal white lines between lanes. No specific place to turn, no box, nothing to say they can't turn amd I guess the people in the static queue thought it possible as they has left a gap. No stop line or anything but they came straight though without thinking there could be another lane or car

OP posts:
cochineal7 · 24/05/2021 22:05

The static queue or the green light for A are a bit of a red herring here. It is irrelevant: car B turned to cross an active lane. He should have looked and he is at fault. That would only be different if A was speeding considerably.

FortniteBoysMum · 24/05/2021 22:15

Car b had right of way car a should of been going very slowly and edged forward to check if it was clear. When they saw car b they should have waited in-between the static cars until safe to continue even if that meant holding up traffic.

Guavafish · 25/05/2021 00:23

Car A st fault