Had an accident yesterday...Thoughts please
 

Morning people.

I had an accident yesterday in the motor. Ive attached a google image picture which shows the lay out of the road.

http://i38.photobucket.com/albums/e1...t/accident.jpg

OK so Im pulling out of the shop as per the white line. to my left traffic is backed up to the yellow box which is a 2 lane road. to my right is a single, but wide road. There was a stationary white van which stopped to let me out of the junction. I could see my road was clear so proceeded to pull out, as I did so another white van comes bombing by the stationary one right into the front corner of my car.

Now I thought this looks 50/50. The road is widening but its still a single lane road at this point. Looking at the map I dont think it widens enough at this particular junction either. Ive just been on the phone to the insurance company who are using the same picture and think that the whole blame lands solely at my feet :( If so fair enough, just wondered what others think of the situation?

Cant believe the sods trying to claim for a knackered old N reg escort van :rolleyes:

p.s if you click on the pic it gets larger.

You need to put an arrow or something in to show your position etc mate - cant work it out otherwise. Poor classic Escort ;) D

Pictures a bit to small to add more detail but I was about crossing the white lines when he hit me head on. looking at the picture, the black car heading west would be the stationary white van, albeit closer to the kerb.

I have a feeling you will be found at fault. You were pulling out from a side road/car park into the main flow of traffic. The stationary van was been overtaken, and it was up to you to ensure you did not pull into his path.

Harsh, but how it works I think :(

The van was overtaking the van which stopped to let you out - the overtaking van probably thought the other van had stopped (to deliver something, maybe?).

I have often pictured this scenario - overtaking a vehicle and another pulls out from a side road hidden behind the vehicle being overtaken ...... who would be in the wrong? The overtaking vehicle or the one who thought it safe to pull out.

I'm amazed more accidents don't happen like this actually .. good luck, I don't know who is right or wrong really? Maybe you should have ensured the way was clear .... but its a tricky one.

Good luck!

I think Loomy is right :(

As you pulled out of the junction, you have to make sure the way is clear

many years ago a friend of mine pulled out of a junction and a car travelling at approx 90mph in a 30 zone hit him, it was my mates fault even though the other guy was in excess of the speed limit, he still should have made sure the road was clear before pulling out

Good luck though

Yeah insurance have already said its looking like Im at fault, I would have said 50/50 personally, maybe I shouldnt have been pulling out into space where I couldnt see but at the same time the other guy shouldnt have been overtaking knowing there was a junction there which the van had stopped short of (the other guy lives 30 seconds from the incident so should know the road well enough.

Insurance said they will fight for an 80/20 claim, me being responsible for the 80% :( Like Loomy said, he was already on the main road, I wasnt. :(

Sounds 50/50 to me. You should check the way out is clear but also the van driver shouldn't have overtaken (like a tosser (by the sounds of it)). :)

That's not meant in an aggressive / condescending way btw, it's a situation I've often found myself in...'cept without the crashing bit, touch wood!

Good luck! :thumb:

tricky one, the overtaking van possibly thought the slowing van was about to turn (as nowadays only 39.74% of drivers indicate), so although i wouldn't put the blame on you at all as you wouldn't know if someone was overtaking, but even if the slowing van WAS indicating to turn, i would have still used the oppurtunity to pull out, as i wouldn't expect to see someone overtake. i think the insurance will go against you though as the overtaking drivers story will be completely different and along the lines of ........driving along below the speed limit, noticed a van parked up, moved out to pass, car pulls out in front. This is not a suggestion that your story is skewed at all, because you wouldn't pull out without looking, but the overtakers story will not admit to him overtaking a moving vehicle at a junction. You can try to argue with your insurance co. but tbh, i would save yourself the hassle, let the insurance co.s sort it out and be resigned to a premium hike next renewal....

This will probably be deemed as your fault mate ,even though the tosser overtaking should have seen/realized what was going on.

This type of thing does happen regular and as such i am very wary of people "letting me out" as although they think they are doing you a good turn ,they are really just restricting your view of other impatient nob heads who think they don't need to stop for anything.:(

As other have said going from a minor to a major road usually tends to put the blame onto the person joining the major, even if the other driver has done something like overtake etc.

the main thing is you are ok, put it down to experience :(

Yep, that looks unlucky dave :(

Doesn't look too good Dave, sorry. :(

aye isnt look too great from reading what youve said.

had a similar-ish thing happen to me in april you may remember. woman parked illegally across a ten foot. i reversed into her slowly as she was on my blind spot. my fault all the way, but last i heard she recieved a fine for illegally parking, but it cost me £310 to my insurers to repair her car and keep my 1 year ncb.

sh*tty, but thats life.

good luck:thumb:

Why shouldnt he have overtaken, providing he has obeyed the highway code then he is entitled to overtake just as you are in a 30 in the car in front is doing 20. I would reckon you ar to blame insurance wise but so what put it down to experience.

This happened to me but the other way around. A bus stopped to allow a car onto the road, I moved out from the bus to enter the middle lane to turn right and the car pulling out hit me.

The driver of the car pulling out went bonkers, called the police, ranting and raving at me saying it was all my fault etc etc.

Turned out the cheeky barsteward wasn't even insured.

On another forum i use OCUK motors, theres someone asking the same question but in reverse of yours.

Least it wasn't serious. its only metal.

I think the way it works is that although the white van overtaking was in the wrong for not ensuring the reason of the van ahead stopping and not taking due care whilst passing, law tends to air on the fact that you pulled out onto the road whilst there was an oncomming vehicle - which does have a right of way. Doesn't matter if the van had stopped to let you out, and you couldn't see the overtaking van...that overtaking van still had the legal right of way.

The only way one could shift blame is if it was found the overtaking van commited some offence such as due care, I very much doubt that would stick though. Worth a try though ;)

Normally, it's down to "proceeding" versus "manoeuvring" (sp).

People travelling on the main road are seen to be proceeding. Whilst pulling out into the traffic is a manoeuvre.

In this case, Mr E. Scrote Van was also manoeuvring i.e. overtaking. However, it may have been reasonable for him to proceed with his overtake as he could see no sign of an obstruction which was already on the main carriageway at the time that he made his decision. Personally, I think this could well be bolox as if he was being cautious he'd have only been doing 20mph (ish) and should have had time to stop.

Unless there's 3rd party witness(es) I wouldn't hold your breath for an 80/20. Anyways, it doesn't really matter what the percentages are, anything above 0% means it's a "your fault" claim and goes on the record as such :(

J.

Unlucky Dave, from what you say it sounds like 50/50 but you know what insurance companies are like. Best advice I can give is keep on at them and don't take it lying down! :thumb: