Just need to be backed up over accident...

Those signs alone tell me that's a junction notorious for people pulling out in front of others. His fault, end of story. Unless you were going silly speed :)
 
cant see that being your fault in the slightest.

im guessing the other driver was an old person?
 
lol no not going silly speeds but they seemed to think i was, as I said I know the area and know that the junctions along this road are bad... just didnt expect anyone to pull out when I was so close...

It was a young lad driving (late teens early 20s) and he was with his parents who were fairly old...
 
the next thing he will say is that you indictated left and changed youre mind.

people like that are full of it.

you were approaching from his right, he pulled out when you were 30 yards away. personally id take that down to 20, say he was looking the other way and he gave you no chance to avoid the collision as he had negligently pulled into your path at such close proximity.

he will allege that you were speeding etc etc... which he will never be able to prove, but the simple fact that he says he saw you speeding says he saw you. he knew you were coming but still pulled out.

if i was Defending your insurance company's claim, i would not be happy.

i would say liability appears to be in your favour.
 
Yep definitely his fault.
I had a similar thing happen with my first car.The Other driver pulls out from a side road about 10ft infront of me. Writing my car off.

The insurance paid out 100% in my favour leaving me with no claims intact.

The other driver in my case claimed that i was indicating left which i wasn’t. that didn’t make a difference to my claim.
 
the_dead_parrot said:
it is the B4112 between pailton and withybrook... think its called the fosseway junction...

thanks for your help everyone... was just worried because they were trying to accuse me of speeding
BaJ just pointed me towards this thread, it's the road between Burbage & Wolvey isn't it?
We call it the 'Wolvery Circuit", one of the local blasting areas, great for high-speed stuff and there's a lovely flat-straight off the nearby roundabout by the pub, perfect for Quarter Miles!

You can see ahead for absolutely Miles round there, the guy is clearly in the wrong & more than likely only gave a quick glance before pulling out, shame he's being a prat about it. Good luck dude!
 
Amps said:
Yep definitely his fault.
I had a similar thing happen with my first car.The Other driver pulls out from a side road about 10ft infront of me. Writing my car off.

yeh some No swearing. Read the FAQs in a supra did that too me when I was about 30ft from him, luckily I managed to slam on the brakes and stop before I hit him, also lucky that he put his foot down as he pulled out.

You really should know better by now
 
Looking at that first pic, there seems to be a dip in the road, about where that white car is. the taking into account the photo was taking by a standing person, I reckon that the other driver looked right when you were in the dip and thought the road was clear for a long way, then maybe checked the other way before pulling out.
So you would seemingly have appeared from nowhere, cos he thought the road was clear for a long way.

Still his fault though,
 
Amps said:
The other driver in my case claimed that i was indicating left which i wasn’t. that didn’t make a difference to my claim.

When I learnt to drive I was taught not to pull out just because someone was indicating anyway - I don't recall if this is part of the highway code or just something my instructor did.
 
Matt82 said:
the next thing he will say is that you indictated left and changed youre mind.

If he did say that, I would have thought that it would still be his fault though. Aren't people taught not to trust other peoples' indicators and not pull out when a car is approaching.

To the OP, the other guy hasn't got a leg to stand on. You can tell from the damage to the cars that it wasn't a high-speed impact. If you were driving too fast, no doubt both front ends would have disintegrated.
 
Matteh said:
When I learnt to drive I was taught not to pull out just because someone was indicating anyway - I don't recall if this is part of the highway code or just something my instructor did.

This is part of the highway code , i looked it up when my i accident occurred.

I would get onto your insurance company/solicitor and get claiming a hire car from his insurance.
 
all these points are brilliant... the damage doesnt look that bad as you said if it was high speed there really would not be much left... think there is a fair but of damge to the underneath and obviosuly where the wheel is on mine but not sure how bad yet...

he hasnty tried the "he was indicating" line yet just them assuming I was speeding... when I know I wasnt and I hope the insurance company know I wasnt...

Coco - I know where you mean, this road goes off the one your talking about... this one leads from pailton to withybrook which I think then goes onto the wolvey/burbage road...

Matt82 - Think I have put down 20 yards, he was really close just couldnt believe anyone would pull out at that distance, but then again he might not have seen me, in which case they couldnt possibly know if I was speeding... which i wasnt...

nevermind, a courtasy car is being sorted, still havent had any word on the amount of damage done yet
 
Yes he was at fault but do you have a witness to this, without one it might be a pain otherwise its pretty straightforward.

I had someone pull out of a junction into the side of me and then say it was my fault, it took 2 years to resolve (in my favour).
 
Blimey Luke. Glad you're OK. I've used that road plenty of times, he is 100% at fault, don't worry about that. Glad you avoided hurting yourself though bud. Hope things (besides this) are going well for you.
 
Hope you are ok and that you get it sorted! From what you (and others) have said, it doesnt sound like he has much to stand on and is just clutching at whatever he can really.

I really hate people who edge their way out of junctions or stop so far over the give way lines, they might as well be in the middle of the road anyway. It makes you have to swerve around them - which gets quite dangerous if its a narrow road or at high speed.
 
thats a cracking road that is, proper test of a cars setup and suspension ;)

At night i always get this overwhelming temptation to just fly that junction at about 120mph, 99.99% of the time you'd be fine but 0.01% of the time you'd clip a car and die horribly :(

before anyone jumps at me i would never do it, but anyone who's used that road knows its a long, long straight road with this A road intersecting it at a right angle. With enough speed you'd be on the junction for tenths of a second at best - would be a silly, reckles and crazy buzz :o
 
the_dead_parrot said:
oh he didnt see me

There you have it mate, plain as day the bloke didnt look properly and his lack of observation caused the accident. Ignorance of an approaching car is no excuse to pull out anyways.
He stands no chance at all mate. Dont worry about it and let the insurance sort it out.
 
It does sound like the other driver is avoiding the blame, this could lead to a long lengthy battle with both car insurance companies.
 
Amps said:
This is part of the highway code , i looked it up when my i accident occurred.

I would get onto your insurance company/solicitor and get claiming a hire car from his insurance.

Indeed, I was taught that if a car approaching is signalling to turn (in a road layout like the OPs), you shouldn't commit to pulling out until the car is committed to the turn ie wheels have started turning.

http://www.highwaycode.gov.uk/07.htm says:

86: 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.
 
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