Just had an accident, who was to blame?

AS long as you and yer nephew are ok mate :)
Tis only a car, can be replaced.

What'd the guy say when he got out?
Sounds very much like he was just driving carelessly and aggressively from what you are saying.
IF theres ever anyone that doesn't seem 100% to know which direction they're going I always give em a bit more room just in case.
 
His fault.

Whether the insurance will see it that way however, is another matter :(

Hope you gave him a nice sarcastic comment about how if he was in that much of a hurry he should have tried not to drive into you ;)
 
Did you get the details of the witnesses? They will help your case. Details like he was driving too close or aggressively.
 
His fault, sounds like a dangerous driver who shouldn't be on the roads. Don't mention about wrong indicating and feeling stressed and claim off his insurance.
 
Was it a crossroad or a simple straight road with a right turn? He could have seen your left indication as a invitation to overtake. Probably wouldn't hold water as a defence but can easily see how he might think you were implying you wanted him to go past.

Edit: didn't see it was a 30 mind...
 
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What was your road position? Were you moving over to the right of the road to make the turn?

Also my gut instinct is that it's his fault because you shouldn't overtake a car at a junction. A car entering the road from the other side might come out without looking to check it was clear to their left without stopping and you make contact.
 
Id say 50/50

Without witnesses it means its your word vs his. If he has damage down the side of the car it also backs up that you turned into him, which implies you didnt check it was clear before your maneuver either even though he was "driving very aggresively" and "tailgaiting".
 
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It's his fault.

If you indicate on a roundabout and don't take that exit. Then someone pulls out in front of you. That is there fault regardless as they should be waiting for you to turn off as you may change your mind.
The same applies here. He should not be overtaking you are there is a junction coming up.

As someone has already stated you shouldn't overtake if there is a junction coming up. Not only because you may want to take that turning. Another road user maybe exiting that junction and not look to the left as they wouldn't assume someone else would be driving on the wrong side of the road.

Hope that makes some sense and clears a few things up.
 
His fault.

If he was at a safe distance, we would have spotted you change your mind, and correct your indicator, and would not have tried to overtake.
 
His fault, and I think weight of opinion is going that way.

He shouldn't have been overtaking from so close behind you and he shouldn't have been overtaking at a junction.

That you signalled incorrectly is irrelevant.
 
lucarocks92 said:
An indicator only means that u know the car has a working indicator. That is what my driving instructor told me so it's entirely his fault imo.
Click to expand...

I was taught exactly the same thing. A van was indicating to exit a roundabout and then decided not to. I only caused him to have to slow down but it was made clear that it was my fault and that I shouldn't assume people are indicating correctly. Does seem to partially defeat the point of indicators but there you go :p
 
total dodgy move on your behalf as surely indicating left infront of a tailgaiter means ''go ahead get past me you twit'' edit- atleast on a NSL

but its still his fault. he was in the wrong lane , probably at speed , and sounds like an a hole anyway.

just make sure insurance sees it that way (should be easy) and you will be fine

edit- oh wait this was in a 30 zone. well hes even more of a twit than first thought !
 
I'm voting 50/50. While it is the responsibility of the person behind to overtake safely and you should avoid overtaking on a junction, the incorrect indication may have caused the other driver to believe you would be turning left not right.
 
If you mention the left indication it may go 50:50

If you've indicated left and started to slow. Its reasonable to assume your going to turn left.

We all know insurance companies see things different to the rest of the human race.

I had a driver open his door on me. Damage started just before my front door. He said his door was already open and I just drove into it. How? No damage to the front of my car..

Insurance are just Meh
 
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