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fastmadness15

Car Accident Who Is At Fault?

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Hi everyone, i don't know if i am allowed to mention anything about insurance claims as this is the first time it has happened to me just wanted your opinion on the matter.

I got involved in a single car accident on a street not main roads. The woman pulled out of a turning from a street and was driving on the oncoming side of the road and turned left to another street without indicating at a relatively low speed which made me think she was slowing down to stop on the opposite side of the road. I came in contact with the passenger side quarter panel hitting the rear left wheel without much body damage. Just the driver side of my front bumper and headlights is badly damaged the rest 3/4 of the bumper is in tact. I tried to explain to her how it was not my fault, if it was my fault the passenger side of the bumper would of been damaged and the rear of the woman car bumper would have been in bad shape, I told her that she did not indicate when turning left onto the road and she did not deny that she didn't indicate,all she said was i seen you trying to overtake in my wing mirror.

i'll post some pictures to give you an idea of what happened, i would be appreciated if you could tell me what you think. My car is the silver ford focus.

Thanks

post-64177-0-10884500-1435797551_thumb.j

post-64177-0-49207700-1435797563_thumb.j

post-64177-0-07005200-1435797569_thumb.j

post-64177-0-87441300-1435797575_thumb.j

post-64177-0-38666000-1435797578_thumb.j

post-64177-0-81723700-1435797580_thumb.j

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Get a cam!

I'm trying to picture this, are you both traveling in the same direction or in opposite directions.

It sounds like the same and she cut across you to turn left?

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If she went onto the wrong side of the road and crossed the dashed white give way centre line (or where It would have been if there) to come back onto the left lane then she is fully to blame

If however she swung wide to turn left (indicators or not) and you went up her inside then its your fault, even if it was bad driving on her behalf

Its all going to be in the interpretation of why she went onto the oncoming side and if there are 2 or more clear lanes or lane markings. the insurance companies will have to decide

But unfortunately, generally if you run into the back of a vehicle or undertake then its your fault

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So ,if I got this right,she cut left in front of you?I know it's easy to say but I always try to keep a good distance from the car in front.

Sent from my iPad using Ford OC

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It sounds like its going to come down to your word against hers, she shouldn't have been there, did she indicate, will she say she indicated?

The unfortunate fact is, you were clearly behind her as per the damage, if she says she indicated then you might come unstuck for being too close.

If the reason why she was there wasn't clear at the time, and its not clear now so that is quite likely, then you should have pulled back.

If I were in your position id be thinking, WTF is she doing and staying well clear, driving down the wrong side of a road is just wrong on every level unless there was traffic on your side blocking access which would have also prevented you from going up her inside. Even if she was pulling in to a space she should have been on that side unless she was crossing the road to get to the space.

Its as clear as mud but at the end of the day, you were behind at best id have thought you both get pegged for it.

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I agree with the fella's here about the cam.

you should have a look at getting one (Id recommend the mobius personally) as they can help in situations like this.

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Indicated or not can't be proven

Crossed centre of road can't be proven.

if i have read this correctly effectively you have over taken her up the inside. Miss reading the road situation is your error and the above points leads me to think it be 100% against you unless you can prove one of the two above.

I

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I reckon 50/50.

Other driver definitely without due care and failing to indicate but Fas should have read the situation and allowed the driver space to sort themself out.

I was always advised to treat all other road users as idiots and expect stupid things.

It's all about hazard perception.

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Indicated or not can't be proven

Crossed centre of road can't be proven.

if i have read this correctly effectively you have over taken her up the inside. Miss reading the road situation is your error and the above points leads me to think it be 100% against you unless you can prove one of the two above.

I

From where the damage is done on my car which is the driver side lower part of the bumper, the driver of the black car was turning left but very wide crossing the other side of the road. If the driver was turning left on her side of the road the impact would have happened on my passenger side and the bumper off the other car would be loose. Both cars were heading in the same direction not opposite each other.

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I see, The issue is that unless you can show that the car was on the other side of the road it's your word against hers. Do you have a any photos of glass or something show the location of the accident.

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Even if you can show she was on the wrong side, you still should have been more cautious, something odd was happening that was not clear, time to pull back to give more time to deal with whatever is about to go wrong.

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Sounds like it was other drivers fault, as there seems no apparent reason to be on the wrong side of the road. Think insurance may split blame on this one, as whether she indicated or not they may argue you should have been sure of her intentions before proceeding. I agree a dash cam would make things much clearer in this case, and show the other driver at fault. But I'm afraid sounds like it's gonna be your word against hers as to what happened.

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Sounds like it was other drivers fault, as there seems no apparent reason to be on the wrong side of the road. Think insurance may split blame on this one, as whether she indicated or not they may argue you should have been sure of her intentions before proceeding. I agree a dash cam would make things much clearer in this case, and show the other driver at fault. But I'm afraid sounds like it's gonna be your word against hers as to what happened.

How does 50/50 work out, do we both share the blame and lose my NCB.

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Probably, its not a "not at fault" claim so I doubt claim protection would help either

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How does 50/50 work out, do we both share the blame and lose my NCB.

The insurance companies will come to a settlement of blame, might not necessarily be 50/50 could also 25/75 and so on, depending on the evidence and who seems most at fault. Not sure how ncb is affected in these cases. Have your insurance company said who they feel is at fault yet?

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What it looks like to me is regardless of her driving up the wrong side of the road and wanting to either turn left or get back into her proper side of the road, the driver behind has been too close or closed up the gap so the female driver couldn't get back in. Focus driver 100% blame for not being able to stop in time.

I think some speeding up to close the gap by the focus preventing her from moving back to her left happened just because her car in front was in the wrong place, unfortunately neither driver was going to back down and stay out of the way resulting in a collision. This situation goes on many times a day.

Sorry M8,

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First rule never discuss anything at the side of the road. When i have bumps when driving buses i refuse to even discuss it and inform them that cctv will be passed to the authorities...by discussing it you are giving away your defences. I used the same method recently in my old focus and the van driver lost big style.

However your going to fight an up hill battle if you hit the rear quarter on the third party only cam footage will get you out.

But the insurance company will turn around and say well why didnt you slow and stop to make sure....going to be the devils advocate and say this could have been easily avoided but thats hindsight.

Unless protected ncb you have lost your claims.

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What it looks like to me is regardless of her driving up the wrong side of the road and wanting to either turn left or get back into her proper side of the road, the driver behind has been too close or closed up the gap so the female driver couldn't get back in. Focus driver 100% blame for not being able to stop in time.

I think some speeding up to close the gap by the focus preventing her from moving back to her left happened just because her car in front was in the wrong place, unfortunately neither driver was going to back down and stay out of the way resulting in a collision. This situation goes on many times a day.

Sorry M8,

Got to agree.

How I see it from the not so clear detail of street description. Two cars travelling in the same direction along a street [no doubt houses fronting both sides of the street, no centre road markings, and nodoubt tight right angled juctions onto ajoining streets. [not a problem when turning right, but could be a tight turn on turning left.]

Given that the driver in front is intending to turn left into an ajoining street, she may have positioned her car towards the centre of the road to facilitate what could have been a tight left turn. Not to have done so, could have ment on the turn, her front end could have been well over the oncoming traffic side of the street she was attempting to turn into.

If that was the case, and though I accept it is stated she did not indicate. If there was only a possability of a left turn ahead as against approaching say a cross roads. The fact she slowed down and altered her line of travel would indicate to me a left turn was a possibility. In cases like that, I would have hung back until tthe other drivers intended actions became clear.

The driver behind was impatiant he wanted to put this slow moving car behind him, he made an assumption she was pulling over to the off side curb. Hence as he attempted to under take her, the collision took place and the damage supports that scenario.

Just telling it how I see it, nothing personal to the original poster, sh*t happens. Had she signaled we would not be here discussing a collision. Having held a clean licence for over fifty years, the one thing you learn in that time is to give the car in front plenty of space, the fact somebody is behind the wheel, their competence and or consideration of other road users is an unknown quantity.

Many years ago an old retired banker and his wife used to come to our pub for dinner time lunches, was he a crap driver ! He used to stall the his car on the speed ramp at the entrance to the car park.

I used to ask him how was the drive over, John,he would reply.... "All the sons of bit@hes were out today"

I used to invisage the mayhem he was nodoubt responsible for taking place in his review mirror.

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