car accident who,s to blame here?

[B.O.B DOLE]

i was driving down a road and a car pulled out from a t junction into the front side of my car.

i am trying to claim of this driver and now the other driver is saying i was indicating to turn at the t junction this is why he pulled out she say,s


so where would i stand here anyone can say that

 

[WoodYouLike]

Just suposing she did see you indicating to turn of, if she hit the front side of your car she didn't pay due care when entering a main road IMHO

 

[David E]

Can't find the link, but I know that if you had indicated and then cancelled the indicator, there is a judgement that although the other car pulled out it is your fault. I will continue to look for the ruling

 

[nstreet]

They have always taught that regardless of which direction a car is indicating, you should always wait to actually see where it is going. Lots of people seem to drive around with their indicators on for hours, we don't pull out in front of them though, do we. If she pulled out into you, then she couldn't have been paying much attention to your raod speed etc. I would suggest she was at fault.

Is she making up the fact that you were indicating to get out of the claim? I assume she actually has insurance. If she is making it up, just say you saw her using a mobile phone seconds before the accident.

 

[Big_Spark]

She is too blame, if she was waiting to pull out of a turning and you was on the major artery, then you had right of way. It is irrelevent if your indicator is on, it could be faulty, as such she is 100% to blame, no question about it.

Perhaps you should have contacted the Police.

 

[masona]

The Highway Code Rules 86,

86. You should also

(a)Watch out for signals given by other road users and proceed only when you are satisfied that it is safe.
(b)Be aware that an indicator on another vehicle may not have been cancelled.

 

[Mr Winston]

she only says you were indicating - were you?

 

[Slogger]

there is no proof that you where indicating but there is proof that she ran into you case closed

 

[Thermo]

from an ex-police officers point of view she is to blame. It doesnt matter if you were driving down the road pointing and wearing a clowns outfit. She has not shown due care when entering the road. You could have been indicating to pull over to the side of the road after the turning or to allow another car to overtake you. She wouldnt get prosecuted for it but it is her fault.

 

[AdamW]

Also, had you already slowed down for the junction? If you were driving along at 30 or 40 miles an hour, it is pretty obvious you AREN'T turning off, so she should have made a judgment of your speed.

If she has to make a report on the accident she will be bound to slip up here: if you were driving slow enough that she thought you were turning, then it is quite likely you would have been able to stop in time (or caused very litte damage when you hit her) but if you were driving fast enough and close enough to hit her hard, then you were obviously going too fast to be seriously considering making a turn.

In the case of accidents where there will be a possible fatality, they perform forensic tests on lamp filaments: they can determine if a light was on or off at the point of collision, which can help lay the fault. Not sure they would bother in this case though

 

[empip]

Perhaps it was that M E T E O R ........ in her boot !!

 

[kendor]

as stated above indication should not be relied on it's up to the driver to wait and see for certain what the other vehicle driver's intention's are similarly you should never take a flash of the headlights as meaning anything more than a warning that the vehicle is there.
A funny story is related to this in that i was behind a woman driver waiting to turn right off a main road her way was obstructed by a queue of stopped traffic facing towards us on the other side. eventually a gap appears and i observed the driver of the car facing her nod his head in a go ahead fashion , to which she proceeded to turn, whereupon the driver that nodded pulled straight in front of her blocking her way, much to the confusion of the woman driver??!
I myself thought what's he playing at? and watched him hurling abuse at this woman, observing further it then occurred to me that this man had in fact got a nervous tick and carried on nodding as he mouthed off at her. Well it made me chuckle at the time.

 

[B.O.B DOLE]

sorry for late replies i was driving down the main road and was not indicating at all. when she hit me the car was a right off police came took
statements and left i got a cheque through the post about 3 week later for the value of the car as i was fully comp. i sustained back and neck injuries which where just bad pains for about 5 weeks and i am trying to make a claim for this. now all of a sudden the other driver says they are not to blame. now my insurance company are saying if i loose the case i will loose alll my no claims what should i do?

 

[andy]

sorry for late replies i was driving down the main road and was not indicating at all. when she hit me the car was a right off police came took
statements and left i got a cheque through the post about 3 week later for the value of the car as i was fully comp. i sustained back and neck injuries which where just bad pains for about 5 weeks and i am trying to make a claim for this. now all of a sudden the other driver says they are not to blame. now my insurance company are saying if i loose the case i will loose alll my no claims what should i do?

wether you were indicating or not, they should have been payin attention to the what they were doin, and lookin to see wether you were slowing down, as in turning or keeping your speed up as in going straight on. even tho some people indicate, it doesnt mean they are gonna turn. i always wait (like most other do) until im 100% sure they are actually turning and i can go. obviously if someone is heading towards you at 30MPH, indicating but no signs of slowing they probably aint gonna turn

 

[dg123]

sorry for late replies i was driving down the main road and was not indicating at all. when she hit me the car was a right off police came took
statements and left i got a cheque through the post about 3 week later for the value of the car as i was fully comp. i sustained back and neck injuries which where just bad pains for about 5 weeks and i am trying to make a claim for this. now all of a sudden the other driver says they are not to blame. now my insurance company are saying if i loose the case i will loose alll my no claims what should i do?

If you have fully comp, it is more than likely that you have some kind of legal assistance built in to your insurance policy - check that first - but really your insurance company should be dealing with the matter, especially as any claim will have to be paid by them.

The other party is totally at fault for this crash and there is no negotiation on that fact - no matter what excuse they come up with. The driver has failed to drive to the required standard.

Your insurance company should be advising and representing you, that is what (part of) your premiums are paid for. If they are not giving you a reasonable level of service make a complaint to their compliance department and tell them you will be going to the ombudsman.