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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Who's wrong? (pics included)

245 replies

autienotnaughty · 25/10/2022 09:00

Hi wondering if you can clear this up for me.

So to set the scene. Busy road with a doctors on one side and school on the other. It's a 30 limit. Car A is going too fast for the situation but not necessarily over speed limit. Possibly 25-35. Car B is infront of Car A. Car B indicates left and starts to pull round. Car A pulls around Car B as it turns. At the same time Car C pulls out, Car C can see car B but can not see any cars behind Car B. Car C thinks when Car B turns left it has time to turn its self. Car A hits Car C.
Car A says Car C is at fault as he should not have turned when the view was blocked.
Car C says Car A is at fault as he was driving too fast and should not have over took Car B.

Who's at fault?

OP posts:
CountessWindyBottom · 26/10/2022 19:46

Car A, without a doubt, for driving like an absolute knob

wentworthinmate · 26/10/2022 20:24

Insurance would say 50/50 cars A and C.

Mothership4two · 26/10/2022 20:42

Car C but both could be, but it depends where they impacted. If they hit at the junction and C was hit on the side then they were at fault for pulling out when they didn't have right of way. The other unlikely scenario (from OP's version) if C had started to move off and was hit in the rear then A was at fault.

Mothership4two · 26/10/2022 20:44

Just read the OP's update and C was at fault for pulling out into traffic

Ellyess · 26/10/2022 20:53

Car C. No doubts. It cannot turn out onto a main road unless it can see that its path is clear. Car A was simply following along its journey not changing direction, only making small compensation for the turn of carB's offside back as it turned left into the other road, which is how the Highway Code would advise.
I'm saying 'it' to avoid the he/she choice!

Dibbydoos · 26/10/2022 21:39

Car C is def at fault. Irrespective of what car B did, car C is pulling onto a main road and probably crossing a give way.

batshitballs · 26/10/2022 21:55

C.

Don't pull out unless you can see the road is clear

Pleiades2020 · 26/10/2022 21:55

Car C at fault, it was pulling out into moving traffic. Same as if it were pulling out onto a fast A road, the driver needs to be aware of cars behind those turning.

NattyNatashia · 26/10/2022 22:21

Car C at fault, even if A was speeding. In the vast majority of cases a vehicle pulling out at a junction will not have the right of way, and while there may be mitigating factors, a misjudgment of the time available (based on distance and speed) will leave the driver who pulled out legally liable in the event of a collision.

bakebeans · 26/10/2022 23:01

Car C. Car A has right of way. Car C is the one pulling into a road and should have seen and judged speed and distance before making that decision to pull out.

You would have to prove that Car A was on the wrong side of the carriage way unnecessarily. Car A may say that due to road width etc or the stopping of Car b, they had no choice but to overtake and given their view was clear, they would have been able to make this manouvre safely had it not been for Car C pulling out

CandidClarisse · 26/10/2022 23:07

Insurance would probably settle this 50 50

Sirius3030 · 26/10/2022 23:54

Depends on the gender of the drivers surely?

LoisLane66 · 27/10/2022 11:09

Car A is primarily at fault but car B has some culpability. Neither vehicle can see clearly either ahead or to the right.
Car A has right of way being on the main road but should not have overtaken, they should have read the situation and moderated speed to the accommodate car B"s turning, knowing it would be in a lower gear. Blame lies 55/45 with car C.

eastegg · 27/10/2022 17:34

BattleOfPastings · 25/10/2022 09:14

Ask yourself this

but for the actions of car A would there have been a crash?

That’s not the test applied. It’s about fault, or legally speaking, negligence, which encompasses more than strict causation.

eastegg · 27/10/2022 17:38

But yes, I think it is A’s fault, possibly with some contrib negligence from C.

The ‘but for’ test could just as easily result in C being at fault.

PeachyPeachTrees · 27/10/2022 20:11

C is at fault.

Mothership4two · 27/10/2022 20:12

About 20 years ago a friend had similar accident. Someone flashed to let them out from a petrol station and they were hit by an overtaking car (up ahead the road went from one lane into two - at that point it was a single lane). They (the friend) were found at fault by their insurance companies.

autienotnaughty · 29/10/2022 23:18

Sirius3030 · 26/10/2022 23:54

Depends on the gender of the drivers surely?

GrinGrin both male obviously

OP posts:
Bard6817 · 03/12/2022 12:44

Ask yourself this….

Who would have been responsible if there was a motorbike sitting in the rear quarter of car b, which then hits car c.

It’s car c - for insurance purposes. A is a twat obvs, but they do have right of way.

kittensinthekitchen · 03/12/2022 18:02

Bard6817 · 03/12/2022 12:44

Ask yourself this….

Who would have been responsible if there was a motorbike sitting in the rear quarter of car b, which then hits car c.

It’s car c - for insurance purposes. A is a twat obvs, but they do have right of way.

Hmm
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