Mrs had a car accident

elrasho said:
Bust dual carriage way in my books is nose to back traffic

A quite one in my books is gaps where you can easily get in without having to ram the gas hard
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This one was busy enough that your partner was waiting to pull onto it for 'sometime'.

Your words, not ours!

The only reason we are discussing how busy it was is because you dismissed somebodies suggestion that the van had positioned himself for a safe acceleration prior to joining. You claimed this was un-neccesary because it was 'quiet'. Yet it's so un-quiet that your partner had to wait for a gap big enough for a car for 'sometime'.

I can't see how this is anything other than her impatiently pushing past the van, who didn't notice her, and then drove into her.

It will go 50/50 which on the face it seems a bit unjust really.
 
elrasho said:
Wrong, the Van driver wasn't near the junction he was 10 feet back from the junction. He then started to move forward and turn left resulting in accident. Why would he be there if he wanted to use the dual carriage way, he cant be looking for gaps as there a slight hill blocking his view anyway!
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So again this makes your wife's version of events even more unlikely. Where was he turning left if not onto the D/C? It's the only road available from the junction in question, is it not? If not onto the D/C what road was he aiming for when he turned into your wife's car? Or are you asserting he was moving into a position in the junction to assess the D/C, having failed to see your wife's car? If so that's not what you said - and again not what I'd be saying to the insurer.

When he began moving in your wife's direction did she not sound the horn? No mention in the statement.
 
At that dual carriage way you can go straight, left or right. If you want to go straight or right you go across into the middle bit, it's on the satellite view.Everyone at this junction stays left of the single lane of Whinney Lane to turn left, right of the single lane to go straight or right... it's just the said thing especially when Whinney Lane is really wide here so it can take two cars side by side in the single lane. People do this so if they are turning right but cant at least the people behind wanting to go left can get through and turn left. This is a common practice everywhere.

When turning right on a street don't you manoeuvre your car to the right a bit to let the cars behind you pass you on the left?
 
At their position no one would know weather they wanted to join to dual carriage way, park on Whinny Lane, look around and examine the area in case he was lost etc…The driver of this van had no indicators on.
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This really doesn't help your case at all. If you haven't an idea of the intention of another vehicle it's probably more wise to keep your distance, not put yourself next to them on a single carriageway junction.
 
elrasho said:
B]Everyone[/B] at this junction stays left of the single lane of Whinney Lane to turn left,
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This is quite clearly not true, everyone obviously doesn't do this or your wifes car wouldnt have been hit.

When turning right on a street don't you manoeuvre your car to the right a bit to let the cars behind you pass you on the left?
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Perhaps you might in a larger, slower vehicle.

If you think we are being harsh this is exactly what the insurers will be picking up on as well - because they don't want to pay out, so will be thining along exactly the same lines.

If you can't convince a bunch of nobodies on the internet then convincing insurance companies who deal with flakey reports day in day out is going to be even more difficult.
 
elrasho said:
At that dual carriage way you can go straight, left or right. If you want to go straight or right you go across into the middle bit, it's on the satellite view.Everyone at this junction stays left of the single lane of Whinney Lane to turn left, right of the single lane to go straight or right... it's just the said thing especially when Whinney Lane is really wide here so it can take two cars side by side in the single lane. People do this so if they are turning right but cant at least the people behind wanting to go left can get through and turn left. This is a common practice everywhere.

When turning right on a street don't you manoeuvre your car to the right a bit to let the cars behind you pass you on the left?
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Looking at the satellite view and the road markings, it doesn't particularly look like a D/C I'd want to turn right onto, given the central refuge is fully taken up by marked lanes for traffic already on the D/C to turn right. There's nowhere legal to wait in order to turn right from your wife's position, as you'd be sitting in the middle of two contrary turning lanes?

Either way, with no indicators on I certainly wouldn't be undertaking the van and in doing so unfortunately your wife is likely liable. The van drove in a manner that made his intentions unclear, certainly, provided he actually was far back enough as to be possibly turning onto Yew Tree Dr. However that should have led to your wife driving defensively not undertaking him into a position whereby he could sideswipe her as she sat effectively in his blindspot.

Regardless of how many times the version presented has changed, what you've written to the insurer only digs you deeper I'm afraid.
 
Maccy said:
I'm not sure this was originally clear. However it doesn't change things as there's still only 1 lane for cars to go left, straight or right.
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Even though its a really wide end of a road and everyone does it and you can easily fit two cars there:



That pic shows Mrs waiting to go left and the van, which looks like he might want to have wanted to turn right into that little road also called You Tree Drive but then decided he wanted to turn left onto the dual carriage way... how could he have not seen her!?
 
AJK said:
Surely if it's one lane, it's one lane? Positioning is an indication, but not a guarantee, of a driver's intentions...
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Sadly, nothing is a guarantee of a drivers intentions before they actually make a maneuver. Road positioning and indication are something good drivers use to make their intentions clear, but good drivers are in a small minority IME, and very rarely found in vans.
 
elrasho said:
Even though its a really wide end of a road and everyone does it and you can easily fit two cars there:

That pic shows Mrs waiting to go left and the van, which looks like he might want to have wanted to turn right into that little road also called You Tree Drive but then decided he wanted to turn left onto the dual carriage way... how could he have not seen her!?
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The satellite view quite clearly shows it is a one car lane and the insurers will only see it that way. The "everyone does it" line is no excuse, and everyone who does do it should take responsibility for any coming together that may occur as a result.

Your wife put herself in that position. I'm not saying that the van driving shouldn't have looked left, but it is not 100% his fault. Is it possible that your wifes car in the nearside position of the van actually wasn't visible from its driver's seat?
 
Hows it a one car lane, it goes wide so much so you can fit two cars. Why would the council make it so wide if not to fit two cars? If pointed it out in red text.
 
surely you can't turn right onto that dual carriageway?
road markings show that there is only one lane on whinney ln and then the centre of the dual carriageway is marked for traffic turning off onto whinney ln
if the van driver is approaching a junction with one lane and watching the traffic they are about to turn onto I can see how they missed someone undertaking them to pull up on a junction which was clear as they approached it - op's wife has caused this accident
also the "everyone does it" defence doesn't work if the guy in the van is unfamiliar with the junction when the road markings do not show two lanes, they clearly only show one lane
 
road markings or road users are clearly wrong there!
there's a big arrow pointing to turn right off the dual carriageway but then there's a car sitting in the middle of it going the opposite way on the streetview - imagine someone coming off the dual carriageway to turn right there, ridiculous
 
Hmmm... I think this will go 50/50. Both drivers bear some responsibility in both of their versions. The van because he drove into the wife's car, the wife for her positioning on the road.

I got done 50/50 for being hit head-on whilst stationary purely due to road positioning on a single track road. Now that was unbelievable. And far less "50/50" than this. Witnesses are key.
 
elrasho said:
Even though its a really wide end of a road and everyone does it and you can easily fit two cars there:

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Your description says your Mrs thought he was going to park on Whinney Lane, but if this diagram is correct it is clear he wasn't going to park at all, unless he intended to reverse back up the lane some distance.
 
Isn't one of the first things you're taught when driving that when you're not sure what the person in front of you is doing/going to do, you hang back until they make their mind up? Not push your way in front of them because you have no patience?
 
Howard said:
http://goo.gl/maps/f44tB as no one else seems to have posted it.
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if you move a bit closer to the junction you can see there's a car turning right onto the dual carriageway.

the junction doesn't look overly wide though, I'd be apprehensive to pull along side if there was a big ol van there.

as for having several cars side by side at a junction without lanes, I do this depending on the junction. like one coming out from my work onto some crazy traffic light roundabout thing, people keel left if they are just joining the road to go straight but will keep right if they want to go to the far lane to go around the round about. it works pretty well as it should be two lanes really. we don't have a traffic light so the only chance to get out is between the other two junctions lights changing (which also doesn't help that they usually block up the junction when there's clearly no moving traffic, blocking us in).

In this case I'd say it's more 50/50 unfortunately OP, if he wasn't signalling then ok you could say he intended to go right from his road position but as I've learned, assumption is a dangerous thing....should anticipate instead of assume.
 
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