My car was hit by a lorry. Who is at fault here?

[Trexraaa]

I approached a junction with a lorry waiting at it. I thought the lorry was going right due to its positioning on the road. I know they have to go wide but this guy was literally in the middle of the road. He wasn’t indicating. I’m going left so I pull up on the left side of the junction where I am now side by side with the lorry. I am stationary and checking left and right for a gap to go. The lorry then decides to go left and crashes into the side of my car. I must have been in his blind spot for him not to see us. That’s my car written off but at least we are all ok. Am I at fault?

I am pleased you are ok, although understandably shaken.
I think that when driving it’s safest to consider potential hazards, and possible damage rather than who may technically correct. Even in the unlikely event that it is determined that you were not at fault as your stationary car was hit by a moving vehicle, that wouldn’t have been any consolation if you had been physically injured, or worse.
There are lots of idiots on the road ( although apparently not on Mumsnet ), and I am not suggesting the lorry driver is one of them, but a rather extreme piece of advice from my driving instructor springs to mind ‘ if you work on the assumption that everyone else on the road is out to kill you, you won’t go far wrong’

Many (most?) lorries have stickers on the rear saying to take care re blind spots/not to undertake to avoid exactly this. Have seen the outcome of a similar accident and it wasn't pretty.

Lorry should have been indicating but you should never make assumptions about other road users.
I'm sure you've learned from this not to do it again! Glad you and dd are ok though @Trexraaa

Fun fact 'blind spots' in French is 'Angles mort' (literally dead angles).

Looks like a roundabout from Op's picture!!

Sorry I should have RTFT!

To be fair, it's not a very helpful photo but it looks like most of the junctions on more rural roads around here.

It's in the Highway Code that you need to allow larger vehicles like lorries plenty of turning space as they need lots of room to swing round. This is on you I'm afraid. You can't assume what way someone is going then get annoyed when they don't do what you expect - if you're not sure, hang back!

Are you a new driver? My partner can drive trucks it’s amazing how far back you need to be for them to be able to se you in mirrors. You need to always stay behind and give them a ton of space so at least two cars worth sides back front etc otherwise cannot see you are there.

Sorry op but your at fault. Rule 221 of the highway code. There's a picture showing how lorry turn. My dad tonight me about lorries, buses not driving instructor. Always hold back and never go up the side of one as they cannot see you

It says he wasn't in the first post.

The stationary vehicle is at fault because when the lorry pulled up to the junction the stationary vehicle was not there
The car pulled up into the lorry's blind spot in a single lane alongside the lorry only then was it stationary.
Car driver 100% at fault. Lorry was already in the single lane. Car should have waited

A sort of similar thing happened to me, however the lorry in question had just reversed into the road I was driving down (right lane so was on wrong side of road). It looked like it had parked there (I thought loading) so I continued past it to the junction indicating left when it pulled across the road diagonally and crushed me. My car was a write off too. The driver however did not stick around for police to show up. His company admitted fault and paid out in the end.

You were at fault, you made a bad decision 😬, he couldn’t see you as you were in his blind spot, you should have waited for him to pull out before moving up. People make mistakes and I’m sure you will learn from it and will give lorries a wider berth from now on. At least no one was hurt.

It's my understanding that even with mirrors an HGV driver cannot see all the blind spots. What are they meant to do? Get out and check?

OP is entirely in the wrong here.

@Trexraaa just some friendly advice.

Basic rule of thumb with large vehicles, if you can't clearly see their side mirrors - they absolutely cannot see you at all. If you're on their left you also need to be able to see the driver in your wing mirrors before you can reasonable consider that you're in their line of sight...plus factor in foreign vehicles so being cautious and letting that be a rule of thumb is generally the safest way to go.

You're not the only new driver to be caught out by apparent customs of local roads, like both sides of a single lane being used to turn left/right. Or for that matter, be the only new or experienced driver to not consider the extra need for caution around larger vehicles. Nor will you be the last so don't chastise yourself too much.

You've had a hard and expensive lesson, but fortunately no one was badly hurt.

Personally I think it's at least partly the HGV driver's fault. Blind spot or not, you check. That's why they have mirrors and have a professional driving licence.

However, you have to be a dipstick to go up the inside of a lorry. You are lucky to be alive.

Also - does it actually matter whose fault it was? Your insurance premiums will go up regardless.

I think OP is getting a hard time, having seen the picture. Yes, it's a single lane but arguably it forks left and right, it's an unusual shape at the exit point. I may well have done the same thing. Not sure why the lorry hadn't positioned himself angling left as the road shape seems to suggest that would have made an easier turn for him.

See what your insurer says. Usually when a moving vehicle hits a stationary one, they are at fault but you should never do what you did and sneak up the inside unless he’s very clearly indicating right (and even then don’t do it). They might hold you both to blame and share the liability. I’ve driven a big van before and was terrified that I couldn’t see what was happening lower down so just don’t make it harder for drivers of large vehicles by making moves like that.

They should however be watching their rear and near side mirrors to watch for people coming up their inside - particularly cyclists who have a death wish around lorries and buses. If you know you can't see, you make sure you watch people approaching.

As an example if I overtake a bike and then want to turn left, I check my nearside mirror several times before turning to make sure they've not caught me up if I am slow moving.

They don’t (or shouldn’t) go up if it was not your fault. I’ve had two no fault accidents in the past 4 years (I’m unlucky 😂) and my premiums have not gone up. The value of my car has no doubt gone down though 😔

Premiums go up if you even tell your insurers about an accident, even if you don't make a claim. You are very lucky your premiums haven't gone up as a consequence.

I expect you're at fault. You effectively undertook at a junction and caused an accident. The highway code says that lorries need more space and don't always go the way you expect them to. And I don't think you need to indicate left if turning left.

I think it will be a 50/50 as regards insurance.

Hmmm, they told me they wouldn’t but yes maybe I’ve been lucky. I didn’t make a claim at all - everything was covered by the other insurers. I can imagine it’s different if eg I were to claim for a courtesy car from my own insurer.

There’s an excellent video I saw once of the view from a stationary lorry. They positioned something like six cyclists in a bunch on his nearside and you couldn’t see any of them.

it’s all very well saying driver should look in the mirror for approaching vehicles but at some point they have to look forward at the traffic/junction in front

My latest no fault accident was earlier this year so maybe I will get a nasty surprise when I come to renew my insurance in the summer.