Car Accident Question

[eldude43]

Ok, so a few nights ago I was involved in a car accident. I was driving along a main road at 50mph at night (under the speed limit) when a car half pulled out of a junction to my left and stopped, blocking my path to continue normally. (he pulled out roughly 2/3 feet in to the road). There were cars behind him as well waiting at the junction.

I couldn't go past the car to the right as there was oncoming traffic (UK) and if I had continued on my path I would have t-boned his driver's door/ some of his bonnet. So, I instead aimed to go between the gap behind him that he had created by pulling out in to the road by swerving to the left. As a consequence of this I hit the back right hand side of his car, and diverted head on in to a wall. Luckily I missed the cars that were behind him so it was just damage between his and my car. I only had about 1 second to react and any other alternative routes would have been a lot worse in terms of damage and injuries.

As soon as I had gotten out of the car he apologised to me a couple of times and then said nothing. However, he is now claiming that he went to pull out, but didn't and that I lost control and crashed in to him, but logically if this had happened I would have never reached the wall and his car would have damage to the driver's side door as well.

Who is at fault here, and how hard would it be to prove that his story is illogical?

[boxtops]

If you are on the main road and he was puliing out of a side road, then IMO he should have waited - but equally you should be alert to any traffic possibly emerging from a side road. Did you get any witness statements, any photos on your phone, from the people who were behind him? Those statements could be critical in trying to prove your version of the story.

If he apologised then that can be taken as an admission of liability, so you need to write that on your report to your motor insurance company. Did you get his details?

[Hymie]

Many years ago I was involved in a very similar accident.

While driving on an A road, the car in front of me was turning left into a side road. At that side road was a car wanting to turn right into the direction I was coming from – but there was line of traffic coming from the other direction.

I assume that the driver did not see me behind the car turning left (ahead of me) and decided to pull out of the junction and wait for a gap in the traffic.

I must have hit him at about 30mph – fortunately for him he was driving a Volvo.
By luck, no other vehicles were involved in the ensuing accident.

The police attended and the driver of the other vehicle was taken to hospital – but not seriously injured.

When I came to make a claim on his insurance – I was advised that he was claiming that it was my fault, that I had hit him waiting behind the give way line at the junction.

Fortunately the police had taken statements from the occupants of the vehicle behind him at the junction – and with this, his insurance company paid out.

But without this – the insurance companies (mine and his) wanted it treated as ‘knock for knock’ – with each 50% to blame.

Since you have no independent witness to back up your version of events – you may find it hard to prove your case.

[boxtops]

There were potential witnesses behind the TP, hymie - just waiting to hear if the OP took any witness statements from them.

[eldude43]

Thanks for the answers guys.

I have one witness who immediately came out of her car and said she saw him pull out in front of me and was willing to give her account of what happened, plus she had 2 others in her car as well, but she is yet to give that statement to the insurance company...

I was actually watching the side road, but the speed I was going coupled with the distance he gave me (or didn't give me) only allowed me about a second of reaction time... so it was lucky that the accident wasn't worse than it was!

[boxtops]

Do you have her name and address, dude? There is nothing to stop her giving that statement direct to you, or you can pass her details on to the insurance company and they will contact her.

Get your claim in a.s.a.p., with as much detail as possible: sketch plan, distances, relative speeds, witness details, exactly what was said at the time. It's important to get it all documented and to your insurers while it's still fresh in your mind.

[boxtops]

...and if he contacts you, don't respond, just forward the correspondence direct to your insurance company quoting the claim reference - let them deal with it.

[eldude43]

I did get his details yes, I rang the police immediately and my insurance company, and told them of his apologies! Sorry I missed that part of your question boxtops. I also managed to take photographs of the accident but they aren't as clear as I'd like them to be, but they show the damage to his car, my car, how busy the junction was and where our cars were in relation to that junction.

[boxtops]

Sounds like you have done all that you need to, dude, for the time being. If he counter-claims, your witness's statement should be very useful.

[eldude43]

I rung the insurance company as soon as it happened so it was very fresh in my mind. I also wrote down exactly what had happened as soon as I got home, and luckily i'm a designer with OCD so i've sketched down exactly what happened in full detail ... I just need the witness statement now.. But i don't want to seem like i'm pestering her?

[boxtops]

Ring your insurance company and ask for their advice. They may say that they'll do the chasing. I agree, you don't want to put her off by keep asking her.

[eldude43]

Thanks for your advice dude! I'll ring them ASAP.

[solvitquick]

Dear elude43,
Sounds as tho' you did your best to avoid what could have been a deadly accident. Certainly you could not simply change to the right hand lane because of the oncoming traffic. On this point I knew someone who revealed himself an idiot. He was in a slow jam and decided to pull out into what we wrongly call the "fast lane". He said: "But I indicated and she, the other driver, was speeding". 2 stupid statements. Indication is simply a guide to other drivers and is not a legal defence for stupidly changing lanes at the risk of causing a collision with the oncoming traffic. The fact is, if the oncoming driver(s) are speeding and they run into the car pulling out in front, it is the latter who is at fault - we drivers are not road police and the crime is obviouly even more stupid when they are speeding. The girl driver had to jam on her brakes, locked them, and skidded into a farm gate. At least, after realising the danger, he had pulled back to his original lane and stopped to see how she was. She was OK but the car was a write-off. He got off the charge of dangerous driving too lightly in my opinion.
You obviously sensibly avoided such irresponsibly.
As you tell it, the other driver caused the accident. Even if he stopped by stalling the engine that was lack of control of the vehicle. Here I assume he was trying to turn out (left) and lead you in the traffic. He could not have been trying to cross 2 lanes.
Sounds as tho' you did very well but questions still arise for me & other ABers to comment further.
(a) Was your road the main road and his road a lesser in primacy e.g. in extremis:you on A road and him on a B road? What were the dotted lines telling drivers at the junction?
(b) Mind you in reallity there is no such thing as right-of-way - if you think you have it, thats no excuse for plunging on oblivious to road-joiners even if they are risk-taking morons.
(d) How busy is the junction? If very busy perhaps you should have been slowing below 50 when approaching the junction.
(e) Did you get any witnesses? If not why not?
(f) Reached the wall? Did you hit a wall beyond his car?
Hope your insurers give him and his insurers hell. Let us know of the progress.
Good luck,
SIQ.

[solvitquick]

Dear eldude43,
I still think you did your best and are the innocent party.
However I don't like your statement "the speed I was going coupled with the distance he gave me.....only gave me only gave me about a second of reaction time".
Don't say that to anyone else!
When approaching any type of junction it is your responsibility to be travelling at a speed which caters for morons or good drivers whose car fails them e.g. sudden halt through timing belt failure. Similarly when passing road -parked vehicles, your speed should allow for an emergency stop if a child suddenly runs out in front of you.
I'm not encouraging you into falsehood because I assume your estimate of relative speeds etc., are understandably blurred.
Regards,
SIQ.

[ELVIS68]

If he only pulled out 2/3 feet into the road and you were doing 50 mph I find it hard to believe you aimed to go through the gap behind him.

Surely the back end of his car was still in the junction and it would've been some manoeuvre to steer round him

[SpikeyBush]

After being involved in what should be an open and shut case but the other driver is being a pain in the backside I have got one of those cameras you mount in your windscreen. Let the bad drivers try and wriggle out of that evidence.