Accident blame ( the missus ) - court case 6/4

Rotty

Rotty

Rotty

Don
Joined
18 Oct 2002
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My missus thinks this may be her fault but I am trying to convince her otherwise

She was driving down a straight 40mph road, when someone pulled oy a side road and hit the side of her

the other person claims my missus was indicating to turn down the side road, my missus is not sure whether she had left it on or not but afaik that doesnt matter and the person pulling out is at fault regardless

any opinions ?
 
Yeah I think person doing the hitting is at fault, never trust indicators!

Given the complete lack of indicators on most roundabouts, it would be carnage if people moved on the basis of what the car coming round was indicating, or not, to do :p
 
The other persons fault, if its one thing as a biker you need to learn its to not trust indicators.
You can 99% of the time judge their speed if they are going to turn or not.
 
Other drivers fault.

Indicators can't be taken as gospel and she could have been indicated to (say) pull over to the side of the road, or turn into a driveway just after the turning.
 
I think the fact he hit her side on would mean 100% his fault, surely if she had her indicator on he would have pulled out sooner and it would have been her hitting him head on.
 
Aye, Indicators are an indication, you could suddenly change your mind, I always wait until they have got to the junction if their indicators are on and they have slowed down then I pull out.

You should also

* watch out for signals given by other road users and proceed only when you are satisfied that it is safe
* be aware that an indicator on another vehicle may not have been cancelled

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070289
Click to expand...

Its like flashing your headlights, by law its just you showing someone that you are there
not for them to pull in.
 
I was involved in an accident of this nature last year, its 100% other drivers fault and will be seen that way by your insurers. You had right of way on the carriageway and even if you were indicating it bears no relevance as they still had to actively move to drive into you.

Contact your insurers
 
100% the other drivers fault even if your missus indicated and flashed the other driver out.

Happened to my mum 3 years back while I was in the car. Old man was indicating left and actually flashed, then changed his mind at the last second while leaving his indicator on. It was totally my mothers fault as far as insurance was concerned :)
 
Hope your wife is ok Rotty.

It's definitely the other drivers fault, as has already been said even if she had her indicators on it doesn't mean it's automatically safe for the other person to pull out.
From what I remember of my driving lessons pulling onto a main road from a side road is an "at risk" manoeuvre, and that you should never rely on indicators, but rather a combination of indicators/road position and behaviour (are they slowing down for the turn?), and if in any doubt at all wait.

Basically it's not her fault.
 
Hmm.

I've had a close shave with a similar experience but roles reversed.

I was waiting to pull out of a junction and a cab on my right was moving about 15mph indicating to turn left into the road I was on.

Seeing that he was moving slowly, I got ready to pull out until he proceeded to pass me and I had to brake sharply to avoid him. He actually held up his hand to admit fault as well and he ended up turning into the road after.

I know we shouldn't rely on indicators alone but the fact he was moving slow as well as looking into my road threw me off a bit.
 
Its entirely the other persons fault.

I did the exact same thing last summer. Thought an indicator was on and it was a busy road and 'bang' back door and back axel hit. Felt the full force of a fault claim on the insurance. Classed as 'Failure to give way at a junction'.
 
According to what I can find on Wadsworth v Gillespie, this one looks exactly the same. In other words, provided that case hasn't been superseded, Que's case ought to be settled the same way - two-thirds against the driver who left an indicator on, so the one-third Que's been offered seems generous.

Quote
Wadsworth v Gillespie [1978]: the motorcyclist had made a turn but failed to cancel his indicator after completing the manoeuvre. The motorist at a junction saw the motorcyclist and assumed he was turning and accordingly pulled out. The court decided that the motorcyclist had to accept a large degree of responsibility and apportioned liability on the basis of two-thirds against the motorcyclist.
End quote


Im currently going through a similar claim. I was driving but didnt cancel indicator and someone pulled across my path. There was an independant witness so it looks like it might got 66/33 in my favour, if theres no witness etc she may aswell play ignorant to the indicator and they may well base it on what happened which should go in her favour.
 
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Afaik the insurers will be in your favor as the most likely reason for this type of accident is the driving pulling out, so regardless you should be in the clear.
 
Werewolf said:
From what I remember of my driving lessons pulling onto a main road from a side road is an "at risk" manoeuvre, and that you should never rely on indicators, but rather a combination of indicators/road position and behaviour (are they slowing down for the turn?), and if in any doubt at all wait.
Click to expand...
This...but..if the defence is the indicators were left on from a previous manoeuvre the other party may try to say that your wife was not paying full attention (as not turned off) and go for a 50/50 settlement.

Other than the third party stating that your wife was indicating was there any other witnesses to back this up? Otherwise state that to your knowledge the indicators were not on and all that can be proved was the third party pulled out of a side road into a main road where they hit oncoming traffic.

PS. If it was your wife’s fault shame on her! :p
 
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