Do you agree I'm at fault?

Soldato
Joined
5 Aug 2003
Posts
8,457
Location
Essex
I had a little scrape last week, all I needed on top of me scrapping the ZS on a wall :p

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.
 
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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
 
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.
 
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