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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Car accident.. who is at fault here?

208 replies

Greenleafants · 24/04/2024 13:53

I am so stressed so bare with me. Going down the A1 but it’s a single carriageway and turning right into a little side road because I live there. I stop and start Indicating right as there is approaching traffic on other side of the road. I can see a white van approaching my rear at high speed but I still don’t want to turn as there is traffic coming very quickly on other side of road. Then I see a gap but I am really stressed at this point and I stall my car like an absolute fool. So embarrassed. Crash. He goes into the back of me and he was absolutely raging. His van is damaged worse than my car, I have some damage to my bumper but managed to drive home.. I’ll be found at fault for, won't I?

OP posts:
Rudicoolcat · 25/04/2024 09:18

HaventGotAScoob · 24/04/2024 13:58

Oh my days why do you think at all this is your fault?? Call you insurance now and get the claim started against him! It doesn't go against you, it goes against his insurance. No need to talk about the stalling etc thats irrelevant, you were stopped, indicating and ready to turn, noticed a van coming up really fast behind you, weren't able to turn and then he crashed into you. End of!

Couldn't have put it any better than @HaventGotAScoob.

botheredand · 25/04/2024 10:22

His fault, had the exact same thing happen to me earlier this year. Insurance didn't think twice before blaming him and I got full payout.

You did nothing wrong, he's gaslighting you. Don't let a stranger knock your confidence.

Longma · 25/04/2024 12:59

Try stalling on a motorway and you'd soon find out.

It would still make no real difference between there and any other road though.
Stallling happens after you've been stationary and setting off again.
So the other cars should already have slowed down and/ir stopped regardless.

godmum56 · 25/04/2024 15:04

AnxiousRabbit · 24/04/2024 22:30

Because stalling is a choice and OP should only do it on minor roads!???

this.

fieldsofbutterflies · 25/04/2024 15:11

Nothingandnobody · 25/04/2024 08:27

I'm not sure idiotic is much better than arsehole. Oh course it makes a difference. Try stalling on a motorway and you'd soon find out.

How could you stall on a motorway unless you were stationary in the first place?

saveforthat · 25/04/2024 17:16

fieldsofbutterflies · 25/04/2024 15:11

How could you stall on a motorway unless you were stationary in the first place?

The car engine could be faulty.

fieldsofbutterflies · 25/04/2024 17:52

saveforthat · 25/04/2024 17:16

The car engine could be faulty.

That wouldn't be stalling as much as "breaking down".

FeeBee73 · 25/04/2024 18:17

Greenleafants · 24/04/2024 17:13

Thanks all. He demanded a photo of my driving licence. Dick. I’ve got his reg. I was indicating beforehand but he wasn’t even there then, I had to wait for a safe gap so he came up behind me and must have expected me to go then I stall. I’m feeling better now. Wish I didn’t let him intimidate me like that but I was by myself on the side of the road with a stranger so just wanted to go home.

Contact the police as he shouldn't have intimidated you like this. Say you felt threatened.

OldPerson · 25/04/2024 19:00

This is why we have insurance. Don't stress about it. No one got hurt.

Raging nutter is a raging nutter.

If you have the right to turn right and are indicating - you shouldn't be stressed by a driver behind you. Nor should that stress you into making a turn before you feel it's safe to do so.

But if you easily get stressed - you might need to consider your route home, such as driving further on until there's a more convenient place to do a u-turn.

minny80 · 25/04/2024 19:19

Greenleafants · 24/04/2024 13:57

He expected me to move off and I stalled. He said I shouldn’t be on the main roads. I passed my test in January so I’m a new driver.

You have every right to be on the road. He is an asshole and totally at fault.

TiptoeThroughTheToadstools · 25/04/2024 19:23

Worked in insurance for many years, it's the van drivers fault, you must always be able to stop, and if he couldn't, he wad going too fast. There is no possible way you will be found at fault, not even partially.

Teledeluxe · 25/04/2024 20:39

Don’t mention stalling as it’s irrelevant and might encourage the van’s insurer to find an excuse to blame you.

Itloggedmeoutagain · 25/04/2024 20:54

Teledeluxe · 25/04/2024 20:39

Don’t mention stalling as it’s irrelevant and might encourage the van’s insurer to find an excuse to blame you.

They won't find one.
Car behind should not proceed until the one in front moves off
She didn't move off
Stalling is irrelevant

Xmasdaft2023 · 25/04/2024 21:16

100% he is at fault!!
many years ago I was at a junction and a similar twat drove in to me (causing extreme damage to mine).. the only thing I was concerned about was my child and yet he was hellbent on arguing he wasn’t at fault. I laughed in his face and told him to take a hike or I’d call the police.
Stand your ground every time is my only recommendation as unfortunately intimidation is common in circumstances like these.
I hope you’re ok, I hope the fight with insurance will be minimal (as he WAS at fault) and I hope you don’t come across another driver like that again!

Teledeluxe · 25/04/2024 22:12

Itloggedmeoutagain · 25/04/2024 20:54

They won't find one.
Car behind should not proceed until the one in front moves off
She didn't move off
Stalling is irrelevant

Yes, it’s irrelevant and van man is 100% to blame.

Klwp · 25/04/2024 22:17

He drove into you when you were waiting to turn. That's his fault. He might have expected you to move, that's irrelevant - he can't just drive into someone as they were slow to move off. Someone drove into the back of my dh when my dh was waiting at a zebra crossing. No question that is was the other guy's fault.

unsync · 26/04/2024 00:10

Greenleafants · 24/04/2024 13:57

He expected me to move off and I stalled. He said I shouldn’t be on the main roads. I passed my test in January so I’m a new driver.

He's an arse. And wrong. Just because he expected you to move off, doesn't mean that you would. He should have allowed for the possibility that you might not have moved and adjusted his speed accordingly.

OpusGiemuJavlo · 26/04/2024 00:15

No you are not at fault. He is 100% to blame and is "raging" because sexism and sense of entitlement.

He should have stopped. Staying travelling at speed on the assumption that you would get out of the way in time is shit driving precisely because he had no way to know if your car would stall etc.

He was an idiot.

Onetoffeetin · 26/04/2024 00:42

MrsKwazi · 24/04/2024 13:57

He is raging because it’s his fault and he knows it

This! It is ALWAYS the fault of the person behind. Their responsibility to keep a safe distance and anticipate.
Good luck OP.

Skodacool · 26/04/2024 01:12

Alloveragain3 · 24/04/2024 13:56

It will be put down as his fault as he drove into the back of you. Doesn't matter what you did (broke sharply, stalled, whatever).

Braked not broke

Clafoutie · 26/04/2024 04:18

WarshipRocinante · 24/04/2024 14:08

When you saw him coming at speed, did you sound your horn? I have a horrible right turn I have to make regularly on a country road which people speed down, and when I’m waiting to turn, I keep an eye half on the rear view. Anyone coming up too fast and not slowing and I will sound the horn to get them to pay attention. We get a lot of issues of van drivers using this road as a rat run and using their phones at the wheel. If I’m not sure they’ve seen me stationary in the road, then I’ll sound my horn. That’s what it’s for; to notify other driver’s of your presence.

But as to your question, this is 100% him. When you’re driving, you don’t make decisions on what someone in front of you should be doing, or what you think they should be doing. You make decisions on what they are actually doing. He kept his speed up because he thought you’d made the turn before he got there. He was wrong and he hit you. If he had driven to the conditions in front of him - a stationary car not yet moving, then he would have come up behind you at a crawl instead of at speed. It doesn’t matter that you stalled, if he didn’t have enough time to brake then he was coming too fast up behind a stationary car.

On using the horn. In a case like this, with oncoming traffic, wouldn’t using the horn to alert someone behind you be potentially alarming/confusing to that oncoming traffic? Sometimes using the horn inappropriately can actually create a danger.

SpoonyFish · 26/04/2024 04:48

He's the bad driver, not you. New drivers stall all the time. Its all part of becoming more experienced.

He is entirely at fault from what you've described, and best of it is, he absolutely knows it himself but couldn't own it instead wanting to bully you.

I've rear ended someone as a new driver, I was absolutely mortified. I did not adjust my driving for what I couldn't yet see ahead of me until it was too late, big lesson learned for me. And absolutely no fault of the poor folk I hit. Your man should have been as apologetic to you, but there's a relevant saying about pigs grunting 🤣

Don't let this knock your confidence OP!

Nothingandnobody · 26/04/2024 07:25

Really… do you need some help understanding?
Wow could you be any more condescending. I've been driving for about 25 years thanks.

Ariela · 26/04/2024 08:11

Given my friend on a motorbike was behind a car at the traffic lights and his insurance held him liable for damage to a car rolling BACK on a downhill slope at a traffic lights by his insurance (and despite one witness saying he was stationary with 1 foot on ground and the car in front rolled back), I can safely say in any query it is ALWAYS the car behind considered at fault for not stopping.

BarbarasRhabarberBar · 26/04/2024 08:40

WarshipRocinante · 24/04/2024 14:08

When you saw him coming at speed, did you sound your horn? I have a horrible right turn I have to make regularly on a country road which people speed down, and when I’m waiting to turn, I keep an eye half on the rear view. Anyone coming up too fast and not slowing and I will sound the horn to get them to pay attention. We get a lot of issues of van drivers using this road as a rat run and using their phones at the wheel. If I’m not sure they’ve seen me stationary in the road, then I’ll sound my horn. That’s what it’s for; to notify other driver’s of your presence.

But as to your question, this is 100% him. When you’re driving, you don’t make decisions on what someone in front of you should be doing, or what you think they should be doing. You make decisions on what they are actually doing. He kept his speed up because he thought you’d made the turn before he got there. He was wrong and he hit you. If he had driven to the conditions in front of him - a stationary car not yet moving, then he would have come up behind you at a crawl instead of at speed. It doesn’t matter that you stalled, if he didn’t have enough time to brake then he was coming too fast up behind a stationary car.

The only time this will help is if the driver is on their phone/not looking at the road at all.

If a driver looking square at you from behind can't see you or judge the stopping time a horn will do nothing but confuse everyone around you.