Involved in a crash - some advice please.

dn852k4 · Post by **dn852k4** » Thu Apr 10, 2008 6:36 pm

Today I was involved in a crash and I was wondering where I stand.
I was driving, then noticed a car half-way in a hatched area and thought to myself, 'what the hell is this one doing' as I go past the stationary car, suddenly it turns left and hits my drivers side door. No signal at all

I pulled up and spoke to the driver, she claimed that she had signalled and was waiting for the red car to pull out first? If that was the case, then why did she drive in to my door? I was taught to position yourself to the left hand side for a left turn, and that also people turning left off a main road in to a side road had prioity over someone emerging on to a main road? so why would she then be waiting for a car to come out of a side road (there was enough room for both cars)?

What's the best course of action and who was to blame in this crash?

Andy1.6 · Post by **Andy1.6** » Thu Apr 10, 2008 6:46 pm

Did you have to squeeze between her and the curb?

dn852k4 · Post by **dn852k4** » Thu Apr 10, 2008 6:56 pm

Nope. As I would have held back if it would have been a squeeze.

polo-sib · Post by **polo-sib** » Thu Apr 10, 2008 7:27 pm

Your in the right she is in the wrong, you will usually get an insurance claim form (request it if you can as well when ringing insurance) where you get t draw a nice little diagram etc thats if you claim. I'd recommend claiming as you can never trust on repair agreements and your in the right so you have nothing to loose.

@ Like you said you had priority over the car in the side road
@ She had priority over the red car as well
@ You had priority over her (this is because you are the traffic on the opposite side, meaning you have priority if she is preparing for a turn onto your side of the road)

Even if she claims to have signaled she is still in the wrong as you had priority over her. Be good if you got a witness as well if not it's not that great of a deal, insurance will usually contact you and ask if its your fault or not ) but don't take any liability say it was all her fault. Plus when she rings the insurance she'll seem like a right t**t trust me, they will be like... "so you moved into a car whilst it was moving" or "you jumped onto the otherside of the road whilst you saw an on coming car". If I was you I'd have nothing to worry about, your car will get fixed. And claim!

polo-sib · Post by **polo-sib** » Thu Apr 10, 2008 7:32 pm

Having trouble understanding what way she was facing, in my previous post I assumed she was coming from the otherside of the road, now I re-read I assume she was on your side. If she was on your side she is still to blame, who the f**k prepares to turn off into a junction in the inside lane. Thats like saying yea I was on the inside lane of the motorway getting ready to come off!?

You'd still be right in either situation! I say claim still

. You can imagine insurance "yea I was in a hatched area on the inside of a road and I decided to not check my mirrors and turn into a junction while a car was coming on the outside lame" what a t**t lol

NOZ · Post by **NOZ** » Fri Apr 11, 2008 11:36 am

It'l be good also if you could give lane width. This will erradicate her lying and saying you squeezed through as she was waiting to turn left. Furthermore give road width in of the side-road to argue there was enough space for her to turn in instead of waiting.

her only (lying) defence is saying she couldn't turn in so waited whilst you squeezed through even if she was signalling. You have to make obvious there was enough space and she was in the marked area instead of just waiting in lane and did not signal either. if they beleive she did then you'd be wrong for not reading her actions.

When they ask 'who do think is to blame' tell them all the above and the fact she should've been checking her wing mirror for on coming cyclists anyway which she didn't or would've seen you. If she checked and didn;t see anything then she must've been out too far to the right putting you in a blind spot.

david burton · Post by **david burton** » Fri Apr 11, 2008 12:17 pm

I don't think this is anyone's fault. It's a 50:50 claim I would have thought.

On one hand, she shouldn't have put her car in that position

On the other hand, you were technically undertaking her at a junction.

However, she DID pull into you.

Unless anyone on this site is a trained law professional, you're better off getting advice from your insurance company.

Tim_GTi · Post by **Tim_GTi** » Fri Apr 11, 2008 5:20 pm

I agree with Noz, seems like your in the right but make sure you explain it correctly for it may seem like you were undertaking and trying to squeeze past.

dn852k4 · Post by **dn852k4** » Fri Apr 11, 2008 6:36 pm

Here's an ariel view of the actual road the accident took place on.

The lanes don't seem small at all. she had priority over the red car, so why she was 'waiting' is a mystery, as is the reason she drove in to the side of me when she was supposedly waiting for the red car to come out of the junction, despite the fact that the redcar was staionary during the crash...

NOZ · Post by **NOZ** » Sat Apr 12, 2008 5:25 pm

if she was waiting for that car and positioned herself in that spot wrongly, it still doesn't show why if she was waiting and the red car hadn't moved she still turned anyway!. She's kinda contradicting herself for being positioned like that and waiting. She clearly wasn't waiting if she still turned in after a while. Unfortunetly I don't think you could actually use it to prove her liability.

Tim_GTi · Post by **Tim_GTi** » Sat Apr 12, 2008 9:23 pm

Can the person that was in the red car stand as a witness?

NOZ · Post by **NOZ** » Sat Apr 12, 2008 11:25 pm

If he managed to get details then yes but I doubt it he did as never mentioned before. That person would've been ideal as they played a part in the accident.

mr rugby · Post by **mr rugby** » Mon Apr 14, 2008 11:30 pm

dn852k4 wrote:Here's an ariel view of the actual road the accident took place on.

The lanes don't seem small at all. she had priority over the red car, so why she was 'waiting' is a mystery, as is the reason she drove in to the side of me when she was supposedly waiting for the red car to come out of the junction, despite the fact that the redcar was staionary during the crash...

==============================================
I think you are at fault here,
By your own admission, as you approached her, you questioned in your own mind what she was doing. At that point you should have slowed down and waited to see what she was going to do, you didn't and you proceeded to undertake a car at a junction.
What if she had flashed the car at the junction to pull out only to be met by you undertaking down the inside.
Yes she may have been in an awkward spot, yes she may not have been in the correct position, but you undertook her, she was holding the priority road position and had priority over you. Your impatience will cost you I fear.

sorry m8

Tim_GTi · Post by **Tim_GTi** » Tue Apr 15, 2008 3:59 am

mr rugby wrote: I think you are at fault here,
By your own admission, as you approached her, you questioned in your own mind what she was doing. At that point you should have slowed down and waited to see what she was going to do, you didn't and you proceeded to undertake a car at a junction.
What if she had flashed the car at the junction to pull out only to be met by you undertaking down the inside.
Yes she may have been in an awkward spot, yes she may not have been in the correct position, but you undertook her, she was holding the priority road position and had priority over you. Your impatience will cost you I fear.

sorry m8

When you put it that way, it sounds quite right