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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
ItsSoStimulatingBeingYourHat · 21/05/2023 21:47

I’d say 50/50 too.
You’re supposed to check your mirror before turning so other car at fault as well.

TheFoz · 21/05/2023 21:48

What do the police think or insurance companies?

Hellocatshome · 21/05/2023 21:52

Personally I would say 50/50 but all the other driver has to say is that they were indicating and then its your partners fault. Any witnesses or dash cams involved?

Prettylittleroses · 21/05/2023 21:52

He drove into the back of him? Which bumper?

growgrowinggrown · 21/05/2023 21:53

Did the other car admit to not using their indicator?

It reads to me like the other car was slowing to turn into their driveway and your partner didn't see the indicator and hit them by over taking.

Surely the other car began to position closer to the centre of the road in order to turn which would highlight to the car behind to also slow and not go around.

gardendream · 21/05/2023 21:53

What kind of road was it? Sounds like a residential street so was it really suitable for overtaking?

When he says pretty slow, how far under the speed limit? Presumably she was slowing down/breaking to turn?

She definitely should have indicated.

Passthecoffee · 21/05/2023 21:55

My view is the driver making the right turn is at fault as they need to check their mirrors to be sure their path is clear before making a manoeuvre across the road. Whether or not they had indicators on is subjective and can't be proven. You should always check your path is clear before making a turn. I used to work in insurance, my knowledge may be a little rusty/out of date but this is my understanding.

KarmaStar · 21/05/2023 21:55

Veh 1 is the overtaking vehicle.(veh 1 is the at fault vehicle for rtc)
The driver should have waited,if a car ahead slows down its for a reason and the driver of veh 1 should have been more alert to veh 2 and it's possible manoeuvre.
If veh 2 failed to indicate,that is a small defence of mitigating circumstances.

SeasonFinale · 21/05/2023 21:58

Didn't you post before? Which bumper did he hit?

Heartsnrainbows · 21/05/2023 21:58

50 50 I'd say if the other car wasn't indicating. If it was then it's the overtaker who is at fault.

It's their responsibility to indicate that they are turning off but similarly it is on the overtaker to ensure their path is clear before beginning the maneuver.

If a car had slowed enough to turn into a drive its pretty obvious they're doing something and you wouldn't try to overtake. Neither were driving with due care and attention.

Original poster
Danielle9891 · 21/05/2023 22:03

SeasonFinale · 21/05/2023 21:58

Didn't you post before? Which bumper did he hit?

No first post.
He hit her back right bumper and he was on the other side of the road overtaking.

OP posts:
Original poster
Danielle9891 · 21/05/2023 22:05

TheFoz · 21/05/2023 21:48

What do the police think or insurance companies?

Police just gave a crime number over the phone and didn't attend. Insurance just sent out a letter for him to explain what happened. Haven't got back to him yet.

OP posts:
Original poster
Danielle9891 · 21/05/2023 22:09

gardendream · 21/05/2023 21:53

What kind of road was it? Sounds like a residential street so was it really suitable for overtaking?

When he says pretty slow, how far under the speed limit? Presumably she was slowing down/breaking to turn?

She definitely should have indicated.

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.

OP posts:
Hellocatshome · 21/05/2023 22:09

Danielle9891 · 21/05/2023 22:03

No first post.
He hit her back right bumper and he was on the other side of the road overtaking.

Show quote history

To hit her back bumper she must have been a long way through the turning manoeuvre before the contact otherwise she would have hit his car with the front of her car.

FrogsWormsandButterflies · 21/05/2023 22:12

Hellocatshome · 21/05/2023 22:09

To hit her back bumper she must have been a long way through the turning manoeuvre before the contact otherwise she would have hit his car with the front of her car.

Show quote history

This

YouAndMeAndThem · 21/05/2023 22:13

How on earth did he hit her back bumper? Did he try and swerve to miss her? Or did he not see she was turning at all? So confusing

Sererus · 21/05/2023 22:19

It sounds like he wasn't paying enough attention, assuming she was going slowly because she was a tourist, as you mention happens a lot, instead of paying attention and realising she was turning.
In my opinion, at least, he should be completely at fault, but it'll likely go 50/50 and she'll unfortunately also lose her NCD/see an increase in premiums, if their versions of events are different and there's no dashcam footage.

Hiddenvoice · 21/05/2023 22:20

The other driver should have checked their mirrors before manoeuvring but did they indicate? If they indicated then he was at fault. Sometimes insurance companies place blame on the driver behind as they didn’t keep a safe distance etc

Mrsmillshorse · 21/05/2023 22:20

If car 1 went into the back of car 2, then car 1 is at fault.

If car 1 had been overtaking and car 2 turned right during that, car 1 would have hit the side of car 2.

If you ever drive into the back of someone you are at fault, even if the person in front was doing something stupid. You're supposed to keep a safe distance away from the car in front and to watch them..

Prettylittleroses · 21/05/2023 22:21

How did he hit her back bumper, was she already across the outside lane?

I think she’s right, he’s at fault.the general rule is if you rear ended someone you’re at fault.

Prettylittleroses · 21/05/2023 22:21

Mrsmillshorse · 21/05/2023 22:20

If car 1 went into the back of car 2, then car 1 is at fault.

If car 1 had been overtaking and car 2 turned right during that, car 1 would have hit the side of car 2.

If you ever drive into the back of someone you are at fault, even if the person in front was doing something stupid. You're supposed to keep a safe distance away from the car in front and to watch them..

Yes exactly…

coffeecupsandwaxmelts · 21/05/2023 22:24

I don't understand how he hit her back bumper. He must have really not been paying attention if she could get that far across into her driveway.

I'd say he's at fault.

Original poster
Danielle9891 · 21/05/2023 22:25

I missed out that the other driver had pulled out of a T-junction about 40 years before turning to go into a driveway. Partner thought the driver was just trying to get up to speed as the other driver was going slow so he overtook.

Maybe he should have slowed right down to allow the other driver to get up to speed.

I've only done 3 driving lessons so I'm pretty clueless.

OP posts:
YouAndMeAndThem · 21/05/2023 22:28

If the speed limit was 30 and the woman had just pulled away from a junction, I don't think he should have overtaken at all

Original poster
Danielle9891 · 21/05/2023 22:29

YouAndMeAndThem · 21/05/2023 22:13

How on earth did he hit her back bumper? Did he try and swerve to miss her? Or did he not see she was turning at all? So confusing

He was on overtaking on the other side of the road and the other driver pulled into the middle of the road to turn onto the driveway. This resulted in him hitting the back right of the car.
The road is pretty thin as the sea is on the left.

OP posts: