Crash - Who's Fault?

A[L]C · 14 Oct 2006 at 19:59

Hi all,

Looking for some advice. My partner was involved in an accident today.

She was turning right. She looked right and it was clear, looked left and there were two cars coming. She pulled half way and waited the few seconds for the cars to pass. She looked right again and nothing was coming. She started edging forward ready for when the last car went past, as she looked back, a car was over taking her on the wrong side of the road. The other car struck her on the front right of the car with his rear quarter. She believes the other car was speeding for it to have been there so quickly. The road is a 30 I believe.

There is a scrape along the front right of our car which looks like it will T-Cut out and two small scratches on the rear arch of his car.

Who's fault would you say that was?

Phil W · 14 Oct 2006 at 20:01

A[L]C said:
The other car struck her on the front right of the car with his rear quarter.

In other words... she hit him (or thats how insurance will see it

However... wrong side of the road could give cause for a fight, not sure how she would fair though, as him being on the opposite side of the road shows he was avoiding her.

/opinion of course

Sirrel Squirrel · 14 Oct 2006 at 20:02

Her fault, she shouldn't of pulled out half way as there was no need

mattx2 · 14 Oct 2006 at 20:03

best you would get is 50/50 even that would be pushing it. In the insurers eyes your partner came from a minor road to a major into the path of an oncoming car.

squiffy · 14 Oct 2006 at 20:05

Sirrel Squirrel said:
Her fault, she shouldn't of pulled out half way as there was no need

Aye you don't creep forward and block the oncoming road. She should have stayed on the junction give way line until she traffic was clear on both sides.

A[L]C · 14 Oct 2006 at 20:05

Sirrel Squirrel said:
Her fault, she shouldn't of pulled out half way as there was no need

Fair enough.

How will it affect our insurance. I am the main driver with 2 years no claims and she is a named driver with no no-claims.

divine` · 14 Oct 2006 at 20:05

Unless there was a bend fairly close he must have been doing like 150mph to just 'appear' like that...

Biohazard · 14 Oct 2006 at 20:05

yeah, not much to go on really.

Firestar_3x · 14 Oct 2006 at 20:05

hard to say, overtaking is an own risk manover.

Depends how honest everyone turns out to be when they all tell what happened.

A[L]C · 14 Oct 2006 at 20:06

divine_madness said:
Unless there was a bend fairly close he must have been doing like 150mph to just 'appear' like that...

there is would be just off the picutre

Firestar_3x said:
hard to say, overtaking is an own risk manover.

Depends how honest everyone turns out to be when they all tell what happened.

there were no witnesses

divine` · 14 Oct 2006 at 20:07

A[L]C said:
there is would be just off the picutre

Makes a little more sense then

ZG002 · 14 Oct 2006 at 20:10

would be her fault im affraid.. im not sure how it will effect you NCB tho.. its something i wouldnt mind knowing myself as shes a named driver..

squiffy · 14 Oct 2006 at 20:11

Can't understand why the person would be on the other side of the road -was he overtaking someone? (you said he was overtaking but you didn't draw any other vehicles) Was there any oncoming traffic also? Actually be thankful he was on the right side, at least a glancing blow, and not direct side-on impact. Could have been a lot worse, if it was a high speed crash.

Felix Da Housecat · 14 Oct 2006 at 20:12

First off it sounds like it maybe her fault.

My question to the OP is why did she edge out into the road, was there parked cars or something?

edit just seen your reply.

A[L]C · 14 Oct 2006 at 20:17

Felix LaPoubelle said:
First off it sounds like it maybe her fault.

My question to the OP is why did she edge out into the road, was there parked cars or something?

edit just seen your reply.

The traffic from the left had been quite heavy with gaps too small to pull out on. However there was nothing from the right. She saw a gap after two cars from the left and had pulled out half way in order to pull out fully once the cars had passed. This is actually what her driving instructor taught her to do, she passed about 5 months ago.

There were no witnesses

squiffy · 14 Oct 2006 at 20:19

She shouldn't pull out in front of incoming traffic, unless it's slow moving inner city traffic (if you're not aggressive never get anywhere) but it it's a A or B road she shouldn't have pulled out, with oncoming cars travelling at speed. If there's not enough time for her to pull away then she should just sit there, getting annoyed

A[L]C · 14 Oct 2006 at 20:21

Shes just informed me the other driver had a lady in his car too. Both my partner and the other driver are about early twenties. So agreeing to repair our own cars would hopefully be the best option.

silversurfer · 14 Oct 2006 at 20:22

Sometimes I would just turn left and come back on the next roundabout, this kind of thing happens too easily

Felix Da Housecat · 14 Oct 2006 at 20:26

A[L]C said:
Shes just informed me the other driver had a lady in his car too. Both my partner and the other driver are about early twenties. So agreeing to repair our own cars would hopefully be the best option.

That may well be the cheapest thing to do in the long run, and wont ruin your NCB's.

Wicksta · 14 Oct 2006 at 20:28

Her fault I think unfortunately. She wasn't wrong to edge forward though, if I didn't do that every day out of my road I'd leave home at 8 and get to work at 10 (on a 2 minute drive to work). It is very difficult for people who live in the sticks to understand how urban driving works, so you'll probably get a load of people saying she shouldn't have edged out.

Good luck with the NCB, hope it doesn't affect you too much.