ken-sti

Ok driving home this evening and was turning right off the main road into a by road. Just when I start to turn someone overtakes me and they end up crashing into my front wheel.

Who is in the wrong?

This guy did not indicate when I had checked my mirror and as I had slowed down and moved to the centre of the road. Just as I start my turn he crashes into the front of my car.

Surely I had right of way when I was turning and I'm not at fault???? Anyone have similar experience?

Checked rules of the road and:
1. You must not overtake when approaching a junction.
2. You must indicate in due time before overtaking.

Both of which he did not do. Does the fact he was a provisional driver have any affect?

scooby87

iTrader: (5)

Were you indicating to turn right? Was it a single carriageway road that you were turning right from?

If yes then this person is clearly in the wrong and wont stand a chance of winning the claim.

Him being a provisional driver i.e a learner is going to make things worse for him I imagine, there is no good reason for him to overtake someone that is slowing down to turn into a side road from a main road.

cuprajake

iTrader: (11)

Had this happen to a customer ins said 50/50 in the end. Which I can't understand.

gpssti4

iTrader: (6)

Assuming you indicated, he is in the wrong. The problem is though proving it to the insurance companies. Be prepared to fight it out as you don't want a 50/50 claim going through.

ditchmyster

iTrader: (7)

So let me get this right, the guy was behind you when you were turning right and thought it was a good time to overtake on the right.

I presume he now has a broken nose.

cster

IMO;
Insurance companies will want both of you to accept a degree of liability.
That way, you will
- both have to pay an excess .
- both lose your NCB and
- both have your premiums bumped up for being in an accident.
That's how I have always read it anyways.
Maybe the smart thing would be to agree 100% liability at the accident, get your story straight to support this position and then agree that the innocent party will pay the guilty party's excess as a quid pro quo.
You know it makes sense!
I believe a more commonly used approach is to wear a neck brace and suffer headaches until after the case has been settled.

lordharding

iTrader: (1)

About ten years ago it happened
to me only claim in 30 years
I was in slow moving traffic and signalled to turn right and as I was turning a young chav in a scooter decided to overtake the traffic behind me which was slowing sown/stopped because of me turning right

Bang
Straight into my rear drivers side door and sill with his plastic scooter and did a nice leap over my car roof before landing in a nice clear space on the road

Ambulance was called and took him with broken leg
I was breathalyser
I don't drink and it was middle of afternoon
Witness all agreed I was correct and young Chav decided to overtake everyone untill my turning car stopped him
He got fined £50 for careless driving
He was a learner and just got his scooter on finance
Insurance got my Octavia back on the road quickly with £4000 repair bill
Then the chavs insurance decided it should be 50/50 despite all evidence against him
And he was fined for the RTA
After months of fighting they decided 25% my blame which really got to me so it cost me a
£50 excess for doing nothing wrong
guess its a way of sharing out the costs

mrtheedge2u2

So if you were turning right then that means he was in the lane of on-coming traffic, yes?

I really cannot see how he would have a leg to stand on.

ReallyReallyGoodMeat

It's a bit suspicious that you are asking this question as on the face of it it's a no brainer that he is in the wrong, unless you weren't indicating (in which case you deserve everything that comes to you! My biggest driving irritant is seeing drivers who don't indicate)

Was the line in the centre of the road dashed or solid? If solid he definitely should not be overtaking.

f1_fan

iTrader: (9)

This ^^^^^^^^^^

The Pink Ninja

iTrader: (23)

Happened to my Mrs about 15 years back, some clown in a taxi rushing to get past her as she was indicating stopped in the middle of the road...Guess what 50/50 claim!!!

mart360

Happened to me many years ago,

Bend in road,
lorry stopped before bend, so everyone had to pull out to pass lorry, my junction was just after lorry, so on indicating to turn right, a motor bike decides to overtake lorry, & me who was stationary/ turning right--- crash

Initial outcome was 50-50,

I went back to the old bill and asked them to reinvestigate,

I had an admission of guilt from the driver, and it was clear he was driving without due care and etc.

Outcome was he recieved a caution for driving without due care.

He failed to attened court when summonsed by the insurance company, so the case went my way.


If you can prove you took all resonable steps before you turned right, then you have a stronger case.


Mart

scooby87

iTrader: (5)

Best case scenario is get this driver to admit he is in the wrong, assuming u were indicating of course. It surely can't go 50/50 then.

I just can't see how some of the above claims have gone 50/50 its clear to me they should have gone 100% in your favor, shocking what insurance companies pull!

SRSport

Another good reason to have an inboard dashcam for both parties. He could have proven if you didnt indicate and you could prove if you did through the noise.

Luan Pra bang

This happened to me and my insurance company tried to get me to take some of the blame, I told them to shut-up and not to get involved and the guy who hit me had to pay 100% after I spoke to his insurance company on the phone.

Leslie

You have not told us whether you were indicating a right turn. The other driver was obviously unwise to pass you when you were in the middle of the road but if you did not indicate a right turn then you are at fault.

Les

albob

Overtaking at a junction is not allowed..

from the Highway Code

"..167

DO NOT overtake where you might come into conflict with other road users. For example
approaching or at a road junction on either side of the road
where the road narrows
when approaching a school crossing patrol
between the kerb and a bus or tram when it is at a stop
where traffic is queuing at junctions or road works
when you would force another road user to swerve or slow down
at a level crossing
when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled
stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left
when a tram is standing at a kerbside tram stop and there is no clearly marked passing lane for other traffic...."

ken-sti

Thanks guys have been off web as was sorting everything out today. . Ringing here there and everywhere!! Don't worry indicator was on alright gimme a chance to reply anyway ha!. . I don't have any experience with accidents that's why I looked it up online and when I found some people saying the person turning right had some blame to take I couldn't believe it. It doesn't make sense because the other person is completely in the wrong IMO

ken-sti

Also I know myself that junctions are a danger In terms of passing out cause the person coming out from a side road can come out not checking both sides of the road and if your overtaking someone it's bang straight head on into the person that came out of the side road. This is part of the reason why it's not allowed to pass at junctions.

dunx

iTrader: (3)

Ex-colleague of mine did this, he assumed the pick-up was overtaking, when it was actually turning right. He braked, the bike went down and he broke his wrist. The wife then made him sell his bike/cut off his b*ll*cks...

Fight !

dunx

Midlife......

iTrader: (2)

Tricky one........you started your turn and you ran into him, he was driving in a straight line so he didn't turn into your path. You were not stationary so you hit him.

He (his insurance) would say you failed to check it was safe to make your right turn and drove into their client.

You can overtake at minor junctions if the lines in the centre of the road are broken which on a lot of roads is the case.

It's likely going to go 50/50.........he failed to see you indicate and you failed to see him overtaking.

Did you have a separate lane for turning right marked by hatches in the middle of the road so traffic behind could pass on the left if you were stationary?

Shaun

Leslie

Since you were indicating the right turn and you were positioned in the centre of the road then I think that you were not at fault.

Les

ken-sti

just got news other person accepted liability guys happy out...no need to be worrying about who's at fault now!

SRSport

Excellent news. I bet that's a relief.

speedking

I bet he had his fingers crossed when he made that statement and will change his mind later

Leslie

Glad to hear he is being honest about it.

Les

ken-sti

i certainly hope not!!!!

r32

It's the guy behinds fault. Never ever overtake near a junction, simples. Do not accept any liability.

Leslie

I wonder why!

Les

_Meridian_

iTrader: (1)

It goes fifty-fifty because both are at fault. The fault of the overtaking driver is obvious: don't overtake a vehicle which is about to turn in front of you. But the turning driver must also make sure that is safe to turn. Since a vehicle crashed into you, it clearly wasn't. It doesn't matter that the other vehicle should not have been there, the turning driver must still check. Suppose the overtaking vehicle had been an emergency vehicle? If you're not looking, you can't guarantee that you would have caught the lights being reflected somewhere.

Nope, 50:50 is correct.

And the other reason is: as with most accidents, it's entirely possible for both drivers to come up with different explanations, both of which would fit the damage. With no witnesses and no admitted liability, it's always going to go equal shares.