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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:
bibbityboppityboo · 21/05/2023 22:29

He overtook a driver he thought was trying to get up to speed?

Tbh he sounds at fault to me - as PP have said, for him to hit the back right bumper the car infront would have had to be really really far into the turn for the driveway - if he hit the front bumper I would kind of understand your position, but he literally went into the back of someone.

He sounds like he could have left more distance and perhaps not been so impatient?

SliceOfCakeCupOfTea · 21/05/2023 22:31

Did he take pictures at the scene.

The damage should show if she pulled into him or he drove into her. The fact he hit the rear instead of the back side would imply to me that she started the manoeuvre after he did

Biscuitsandpizza · 21/05/2023 22:32

Your partner is at fault; he should have been allowing enough distance between cars. Person behind is (nearly) always at fault.

Prettylittleroses · 21/05/2023 22:33

Yeah it’s him op. No way round it.

PurpleCityscape · 21/05/2023 22:34

Overtaking is one of the most dangerous things you can do in the road and should be done with extreme caution. Overtaking someone you believe to be trying to get up to speed is pretty crappy driving. When you're turning right you should not have to expect that someone will suddenly decide to overtake you. He was at fault imo.

coffeecupsandwaxmelts · 21/05/2023 22:37

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.

Then he's definitely at fault.

Overtaking someone who's just pulled out of a junction is incredibly stupid and dangerous.

Original poster
Danielle9891 · 21/05/2023 22:37

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

No the other car was in front of him having joined the road about 40 yards previously from a t junction. It was going slow so he either had to slow down or overtake on the right which he tried to do. While he went to pass the other car it went into the middle of the road and as the road is very narrow he hit her back right bumper.
The road is just wide enough for two cars (one either way)

OP posts:
Beautiful3 · 21/05/2023 22:39

Your partner hit a car in the rear, its his fault. If a car slows down, it usually means they're stopping or turning off. I would have slowed down not over taken.

Prettylittleroses · 21/05/2023 22:40

Danielle9891 · 21/05/2023 22:37

No the other car was in front of him having joined the road about 40 yards previously from a t junction. It was going slow so he either had to slow down or overtake on the right which he tried to do. While he went to pass the other car it went into the middle of the road and as the road is very narrow he hit her back right bumper.
The road is just wide enough for two cars (one either way)

Show quote history

This makes no sense, I suspect as you can’t drive, but that’s not possible. If the road was narrow and he was overtaking, and she was in the middle of the lane he was in, he’d have hit her side.

Dibbydoos · 21/05/2023 22:41

Prettylittleroses · 21/05/2023 22:21

Yes exactly…

Show quote history

Actually this is incorrect. OP didn't say he hit back bumper square on or anything - the impact depends on speed. She should not have taken the turn without making sure the road was clear. She had no idea anyone was behind cos she wasn't driving with due care and attention - the Highway Code is clear about using mirrors.

OPs DH was indicating and no doubt speeding up to overtake ie stopping distance compromised. The relative speed of both vehicles would lead to a rear bumper collision and not side on as DH no doubt tried to avoid the impact.

The actual root cause of the accident is her manoeuvre - had she not turned there would be no accident, OPs DH was already on the opposite side if the road.

However, OPs DH was on the wrong side of the road, so it's likely to be a 50:50 - the insurance companies will decide this.

And just cos the other driver says they indicated, doesn't mean they did. Her representations don't trump his if he says she didn't indicate.

The full details were that she'd been driving very slowly for a good while (possibly looking for the turning but not showing other drivers what she was doing - she would have been better pulling far left and inidcating whilst driving very slowly to allow others to overtake whilst shr looked - so why would he think she was turning? Wouldn't you just think she's a Sunday driver? I would....

AnObserverInThisDarkWorld · 21/05/2023 22:43

He'd only been behind her for 40 yards but assumed she was a cruising tourist?

ejbaxa · 21/05/2023 22:45

He drove into the back of a car - I think he's responsible, regardless.

I expect she was indicating to turn right into a driveway and didn't imagine that someone would be overtaking on the wrong side of the road, whist she's about to make a turn. She was probably checking that there were no oncoming vehicles.

It sounds honestly like he was very impatient and as a result did a dangerous overtake.

Original poster
Danielle9891 · 21/05/2023 22:49

coffeecupsandwaxmelts · 21/05/2023 22:37

Then he's definitely at fault.

Overtaking someone who's just pulled out of a junction is incredibly stupid and dangerous.

Show quote history

I guess he should have braked and waited for the other car to get up to speed instead of trying to pass it.

I thought it's unsafe to pull out of a T-junction if it means the cars already on the road have to slow down to accommodate you. The other car was on the road for about 40 yards so he assumed it was trying to get up to speed.

OP posts:
BakedTattie · 21/05/2023 22:50

you describe it as him/her pulling out in front of your partner, then your partner overtook, then s/he made the right hand turn into driveway.

I’d say both at fault.

BakedTattie · 21/05/2023 22:50

Tell
your partner to have more patience

ChildcarePanic · 21/05/2023 22:55

Depends on the road markings too. If markings indicate that overtaking is unsafe/not allowed then he's likely to be deemed more liable.

coffeecupsandwaxmelts · 21/05/2023 22:57

I guess he should have braked and waited for the other car to get up to speed instead of trying to pass it.

Of course that's what he should have done.

I thought it's unsafe to pull out of a T-junction if it means the cars already on the road have to slow down to accommodate you

That's not always possible, though. Sometimes you have to just go.

The other car was on the road for about 40 yards so he assumed it was trying to get up to speed.

So he was impatient and instead of waiting thirty seconds, decided to go round her instead?

Sorry, but he sounds like a pretty dangerous driver to me.

Whatevergetsyouthroughthenight · 21/05/2023 23:03

Quite frankly you are never going to know as you weren’t there and if your partner’s perspective may or may not be correct (whether out of pride or just that it all happened quickly and memory is not a reliable thing).

He should state on the insurance claim what he truly believed happened. The other driver will do the same. The two insurance companies will decide between them what the answer is. The damage to the cars will tell some of the story.

Your best case here is 50/50, he may however be held full responsible. That’s what insurance is for.

Original poster
Danielle9891 · 22/05/2023 01:58

Beautiful3 · 21/05/2023 22:39

Your partner hit a car in the rear, its his fault. If a car slows down, it usually means they're stopping or turning off. I would have slowed down not over taken.

The reason he thinks it could be 50/50 as the other driver was already going slow and then pulled onto his side of the road while he was already overtaking. The other car never indicated they would do this. My partner thinks you should check your mirrors, blind spot and indicate before making a maneuver.

OP posts:
EBearhug · 22/05/2023 02:09

The other car never indicated they would do this. My partner thinks you should check your mirrors, blind spot and indicate before making a maneuver.

Yes, but he shouldn't have acted on an assumption the other car was going to speed up - it's likely they were, but as things turned out, not definite, because it turns out they wrre local traffic, not one of the many tourists. And drivers should always be prepared for other vehicles to do things they don't expect - the other car could swerve to avoid something in the road you haven't seen, or have a puncture or something, and you should be driving with enough awareness and space to avoid these things, not impatiently overtaking.

So I'm with 50/50.

SkankingWombat · 22/05/2023 02:28

ejbaxa · 21/05/2023 22:45

He drove into the back of a car - I think he's responsible, regardless.

I expect she was indicating to turn right into a driveway and didn't imagine that someone would be overtaking on the wrong side of the road, whist she's about to make a turn. She was probably checking that there were no oncoming vehicles.

It sounds honestly like he was very impatient and as a result did a dangerous overtake.

I agree. It sounds like the woman was wrong to pull out when she did as it caused him to brake, but that doesn't mean the solution is to go (I suspect) zooming angrily/impatiently around her. His reaction should have been the polar opposite: if you think a driver is unpredictable/nervous/crap, give them a much wider berth than usual and treat with caution!

Appleblum · 22/05/2023 03:18

100% his fault.

LemonTreeSkies · 22/05/2023 03:27

Overtaking vehicle keeps clear. Whether cars, motorbikes or planes.

HelloIsItYouImLookingFor · 22/05/2023 03:53

Definitely his fault. I actually know that road really well. From that area. I honestly don't think he was paying attention and like previous posters have said, to hit the back bumper, she had to be fairly well through the turning off process for him to hit her.

autienotnaughtym · 22/05/2023 04:20

I had a similar experience to this, I was driving in a built up area. There was a rail crossing further up. Lots of parked cars on both sides limiting visibility. We were driving past a school. I was doing about 20 (nowadays outside schools often have a reduced speed but at the time this was a 30) the reason I was doing 20 was because I needed to turn right and I didn't want to miss it. (Not familiar with the area) I was indicating way before I even started to turn . The car smacked my driver side and went spinning off onto the path outside the school before smacking into a parked van on the opposite side of the road. The amount her car traveled I think was partly because she must have been doing at least 40 if not faster and she was a new driver having only passed her test a few months before so when she lost control she didn't break or try to slow down. It was very lucky there was no pedestrians as they could have been killed.

I would say it was her fault as she was driving recklessly and the additional factors like she was speeding, outside a school, built up area, lots of parked cars etc. insurance went 50:50. Because I should have checked my mirror before I turned.