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:

Original poster

Danielle9891 · 22/05/2023 16:33

PurpleCityscape · 22/05/2023 15:49

Since you're a learner OP, asking for tips, my advice would be, don't overtake where there is somewhere that the driver you're overtaking might turn right into. Don't expect to be able to drive at the speed limit at all times, and if you're in any way unsure of whether to overtake, don't.
Overtaking on a single track road should be a rarely used manoeuvre, used only when it's really necessary. It is not something to be done just because you're impatient.

I drive daily, and have been driving for 25 years. I have overtaken another 4 wheeled vehicle on a single rack road this year - thinking about it I can't think that I have this year. It really should not be a routine thing to do.

Thank you for your advice. I really can't see myself overtaking anyone. I'm the most laid back person who would always leave early in case there is traffic. I can't see the point in overtaking just to gain a few minutes and it's not worth the risk, especially as I have a baby who would be in the car with me. I've done my research on carseats and I've ordered a really safe one. (UK rules and regulations on car seats are really behind other countries) Also I'd be on my R plates for a year so can't go above 40.

OP posts:

Nomowmay · 22/05/2023 16:46

The overtaking car will be at fault, especially if it hit the rear bumper. I believe it is clear cut 100% on overtaking car for insurance purposes.

towriteyoumustlive · 22/05/2023 16:56

Nomowmay · 22/05/2023 16:46

The overtaking car will be at fault, especially if it hit the rear bumper. I believe it is clear cut 100% on overtaking car for insurance purposes.

I witnessed a motorbike overtaking a car in a town centre as the car had slowed down, and the car turned right without indicating, knocking the motorcyclist off her bike.

The motorcyclist was found not at fault. I gave my details as a witness along with a couple of others and we had to write a statement for the insurance.

The OP will need to prove the other driver didn't indicate which might be difficult unless they have a witness or a dash cam.

Also, as the OP hit the rear bumper, did they not have time to brake??

I would argue with the insurance that the other driver was 100% at fault as they did not check their driver side mirror before their manoeuvre, but be prepared to accept 50/50 due to lack of proof over the other driver not indicating.

PurpleCityscape · 22/05/2023 17:17

@Danielle9891 sounds good, you'll be a grand driver 😊

Flip

1 2 3 4

Swipe left for the next trending thread