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Original poster

Car accident - am I at fault?

60 replies

Dolly5678 · 12/12/2023 17:08

I was involved in a car accident today. I drove into the side of a car at a junction where I was turning right onto a main road. The other driver was indicating left to turn down the road I was coming out of, hence why I pulled out, but he didn’t turn left he drove straight on. I told him he was indicating left and he agreed but said he then turned it off.

An independent witness came up to me at the time of the crash and said she saw what happened and that he was at fault. I’ve submitted the claim with my insurers and they said I am technically at fault as I drove into him, regardless of whether he was indicating incorrectly. That doesn’t seem fair?!

has anyone been involved in anything similar? How much weight does an independent witness statement hold? Not as much as dash cam or video footage I’m guessing.

The guy was polite enough at the scene but I have a bad feeling about him and how this claim will go…

OP posts:
mummyh2016 · 12/12/2023 17:10

Unfortunately they'll most likely find you at fault as even though he was indicating it wasn't clear for you to go. I think best you can hope for is 50/50.

Vuurhoutjies · 12/12/2023 17:11

Unfortunately, I think your insurers are right - the fact that he was indicating isn't really the point, you still drove into him. Just like someone driving into the back of you is always their fault, even if you slammed on brakes.

Having said that, at best, you might be able to argue equal fault / contribution to the accident but I'm not entirely sure how that positively impacts you. It helps your insurance company as they then only have to pay for YOUR damage, but I suspect it still means you have to pay the excess, and you would lose your no claims discount. This happened in a situation with DH and the insurance company backed him but it didn't actually help us much.

Kangarude · 12/12/2023 17:11

Whilst I appreciate that he was indicating, I prefer to wait until they start to position or make the turn. I see loads of people driving with indicators on and no turns nearby.
I think it’s you at fault I’m afraid.

Vuurhoutjies · 12/12/2023 17:12

Also, OP, I'd say this is one of those situations where even if it is your fault, you don't need to be wringing your hands and feeling traumatised. Everyone makes mistakes. unfortunately, in the case of car accidents, those mistakes are often costly. But it's not like this means you're a bad driver or a bad person.

These things happen.

TheKnittedCharacter · 12/12/2023 17:13

Unfortunately, you are at fault. But even if you weren’t, it would put up your insurance.

PickledPurplePickle · 12/12/2023 17:13

As you pulled out into him then they will find you at fault

It doesn’t matter if he was indicating or not, it wasn’t safe for you to pull out otherwise you wouldn’t have hit him

Oldermum84 · 12/12/2023 17:14

You are at fault unfortunately. Hope you are ok.

Jifmicroliquid · 12/12/2023 17:14

I never trust someone indicating left until I am sure they are slowing to turn. I see people leave indicators on a lot.

Im afraid it was your fault, despite him having his indicator on.

Silverbirchtwo · 12/12/2023 17:14

You can't assume that because someone is indicating that is what they will do. You really have to wait until they actually start to turn before you go, or have enough room to cross in front of them whether they turn or not. You will be at fault even if he admits he was indicating incorrectly. Sometimes indicators stick on from a previous turn.

Mindymomo · 12/12/2023 17:14

Unfortunately it will be seen as your fault as you shouldn’t just go on signals alone.

neeep · 12/12/2023 17:15

You're at fault.

No 2 ways about it, you obstructed the path of a vehicle that had right of way.

Sorry wanted to add. Yes it's very annoying and people should only use their indicators when planning to manoeuvre, but people are idiots

Original poster
Dolly5678 · 12/12/2023 17:15

Oh dear. Doesn’t look good for me then. Thanks all

OP posts:
Doubleespresso33 · 12/12/2023 17:16

“An independent witness came up to me at the time of the crash and said she saw what happened and that he was at fault. I’ve submitted the claim with my insurers and they said I am technically at fault as I drove into him, regardless of whether he was indicating incorrectly. That doesn’t seem fair?!”

this is correct - your supposed to still wait and check he begins to turn in before continuing your journey as you are technically crossing his path. A witness is useless in this instance as it’s you who will be deemed as at fault

SirChenjins · 12/12/2023 17:16

Sadly it's your fault - indicators don't always mean the driver is actually turning so it's up to the driver making the manoeuvre to ensure that it's safe to do so. I've been caught out this way before, both as someone who left their indicator on and as a driver making the manoeuvre - fortunately no crash either time but it does make you aware of the need to wait until the driver is obviously turning. Your insurance company might go for 50/50 though?

Retrievemysanity · 12/12/2023 17:16

I think you’re always at fault if you’re joining a road and hit someone else who is already on it but don’t worry, that’s what insurance is for.

neilyoungismyhero · 12/12/2023 17:16

You should never believe signalling at roundabouts or junctions. Wait until the road is clear or the other car is 100 percent committed. I think the Highway Code advises this. Hugely annoying I know but you aren't fault. Glad you're obviously OK though.

Wugglesworth · 12/12/2023 17:17

My driving instructor always told me not to rely on indicators and to wait till the car begins to manoeuvre before moving off. Precisely because the other driver might change their mind, resulting in you being at fault. Sorry OP.

prh47bridge · 12/12/2023 17:34

I'm afraid other posters are correct, as is your insurance company. You cannot assume that a car is going to turn left just because it is indicating. The indicators may have failed to cancel from a previous turn, there may be an electrical fault, or the driver may change their mind. Indicators are useful, but you should never trust them.

Slitheringheights · 12/12/2023 17:44

it’s annoying when folk do this, as folk who signal they are going right round a roundabout, but aren’t. They don’t signal to leave, so you think they are going right round. If that makes sense lol
unfortunately your in the wrong. Frustrating as it is.

ActDottie · 12/12/2023 17:54

Unfortunately because you were joining the main carriage way they’ll likely find you at fault.

I never trust people so when driving I always wait that extra second or so just you double check someone is turning as so many people leave their indicators on now days. You can also tell sometimes by their positioning in the road if you think they are or aren’t going to turn.

ActDottie · 12/12/2023 17:55

Slitheringheights · 12/12/2023 17:44

it’s annoying when folk do this, as folk who signal they are going right round a roundabout, but aren’t. They don’t signal to leave, so you think they are going right round. If that makes sense lol
unfortunately your in the wrong. Frustrating as it is.

Omg yes this! People never seem to signal to leave roundabouts anymore.

WYorkshireRose · 12/12/2023 17:56

Indicators indicate intent. You shouldn't be acting on intent, you should wait for the other car to complete their manoeuvre first. You are therefore at fault.

furtivetussling · 12/12/2023 17:57

Sorry OP but people are right, you were unfortunately at fault here.

Hope you are okay, any accident shakes you up.

Lostinbrum · 12/12/2023 17:57

I'm struggling to picture this. Surely he would have e driven into you if you pulled out in front of him thinking he was turning left? For you to drive into him he must have already been in front of you and clearly not turning into the side road

sandyhappypeople · 12/12/2023 18:08

Lostinbrum · 12/12/2023 17:57

I'm struggling to picture this. Surely he would have e driven into you if you pulled out in front of him thinking he was turning left? For you to drive into him he must have already been in front of you and clearly not turning into the side road

just a matter of timing, if she had pulled out while he was approaching the turn he would have hit her, if she went at the exact moment he went straight on instead of turning then she would have hit him, she could also have been looking left to check for oncoming traffic and not realised he was going straight on until he did.

I also don't trust people indicating either, unless they are slowing right down or starting to turn I normally wait, besides you can't always see if someone is steaming up behind them/moving to overtake them. Sorry OP, but I think you'll be at fault for this one.