Do you agree I'm at fault?

Sirrel Squirrel · 21 Oct 2009 at 12:54

I had a little scrape last week, all I needed on top of me scrapping the ZS on a wall

Anyways I was driving my girlfriend's car for which I'm a named driver on, I got to the tube station where I was dropping her off for work and pulled into the left hand side of the road onto double yellow lines, everyone else dropping people off for work do the same.

After she'd got out I indicated to the right to pull out, an oncoming car had stopped, there was a truck about 5 metres behind my car who had also stopped. I pulled out about half way and then saw the truck was no longer stationary and before he had time to stop he hit the middle of my driver's door.

The witness in the oncoming car says that the driver was chatting to someone on the other side of the road and was not looking forwards as he pulled away.

Now my argument is that he should have been looking where he was going, from my position all I could see was the front grill of the truck so I didn't know he wasn't looking at the road ahead. My insurance company however says that it's my fault because I pulled into the path of oncoming traffic and even though he was stationary when I started my manoeuvre and had he been looking ahead he would have seen me.

So would you say it's my fault? I don't know how to persue further as I don't think it is my fault and the witness is on my side but without my insurance co on my side there isn't a lot I can do?

On the bright side the truck driver isn't making a claim so I won't lose any no claims bonus if it is my fault and I get the car repaired myself, my excess is quite high so will probably be cheaper paying for it myself.

Burned_Alive · 21 Oct 2009 at 13:11

Personally I'd say 100% your fault, you pulled out into traffic, regardless of whether they were looking at the time or not.

m4cc45 · 21 Oct 2009 at 13:20

Sadly it's pretty cut and dry - if he was on a mobile phone and you could prove he was talking on it then maybe you could get something out of it but as you moved into oncoming vehicles traffic then you're going to be automatically at fault.

I remember I had a tool on the motorway who undercut me in busy traffic with road conditions absolutely abysmal (very heavy rain_ then just breaked for no reason - I broke hard as well but skidded a little bit (toss ABS) causing me to rear end him - it's just one of those things....

M.

iaind · 21 Oct 2009 at 13:30

As the others have said, I think you're at fault - best not to waste time trying to defend it because you're not going to get anywhere.

jamief · 21 Oct 2009 at 13:42

Your fault.

loki101 · 21 Oct 2009 at 15:36

but if the other driver was driving "with out due care and attention" which is what your witness implied, then has he not got a case?

or it it just the case that had the othere drive wanted to claim this would mearly make it 50:50?

Meridian · 21 Oct 2009 at 15:56

loki101 said:
but if the other driver was driving "with out due care and attention" which is what your witness implied, then has he not got a case?

Still shouldn't have pulled out. Your job is to judge what other drivers are doing, not what they should or should not do.

M

Gaz1988 · 21 Oct 2009 at 16:03

I think regardless of whether "everyone" else was dropping off at the same time, the road has a double yellow line on it for a reason. Also in the eyes of the insurance company you pulled out, you were the one who was suppose to double check before pulling out that no oncoming traffic was heading your way. Sorry to say this but I dont think you have a leg to stand on.

Sirrel Squirrel · 21 Oct 2009 at 16:03

skolem said:
Was he indicating he was pulling away? If not you might be able to at least argue joint fault

No indication but then he was already in the road, all I could see was his front grill when he was stationary, he pulled away as I was nearly half way out of the space.

Little text diagram:

Code:

|       oncoming car
|
me
|   truck
|

| = parked

SHEDDER1uk · 21 Oct 2009 at 16:05

Double yellows you not paying attention to the road 100% going to be your fault. If YOUR insurance is saying its your fault then your pretty much screwed.

Cuchulain · 21 Oct 2009 at 16:07

Your fault I'm afraid, even if he'd waved you out or flashed you it'd still be you at fault if he'd decided to drive on, sad but true unfortunately

Maccy · 21 Oct 2009 at 16:08

I'd say it's your fault tbh. At least he isn't making a claim which you have to be grateful for I suppose!

loki101 · 21 Oct 2009 at 16:09

does no one here know what double yellows mean? you are allowed to set down people on them (other wise why do we have red lines) really come on.

I aggree tho cant just people etc assume there going to let you out.

Sirrel Squirrel · 21 Oct 2009 at 16:11

So basically FFFFFFFFFFUUUUUUUUUUUUUUUUUUU!

Had he not been in a truck I'd have been able to see he wasn't looking so wouldn't have pulled out, all I could see was the front grill and as both he and the oncoming car were stationary I thought it was safe to pull out.

Dup · 21 Oct 2009 at 16:18

Right of way violation. Same happened to me, guy was on his phone doing 40 in a 30 but because I crossed his path it was my fault withour considering argument or witnesses. FU Norwich Union is all I can say.

lordrobs · 21 Oct 2009 at 16:35

Burned_Alive said:
Personally I'd say 100% your fault, you pulled out into traffic, regardless of whether they were looking at the time or not.

Yup.

Had he not been in a truck I'd have been able to see he wasn't looking so wouldn't have pulled out, all I could see was the front grill and as both he and the oncoming car were stationary I thought it was safe to pull out.

To be fair the fact the truck was moving was the biggest give away in this situation not the way the driver was looking.

Sirrel Squirrel · 21 Oct 2009 at 16:59

It didn't start moving til I was nearly half way out of the space, so had he been looking he would have seen a car in his way.

Muncher · 21 Oct 2009 at 20:06

It's kind of irrelevant as a shared fault accident will have the same impact on your premium and ncb as a fault one. That said it is 100% your fault, it's your responsiblity to check it is safe at all times when pulling out.