Whose fault was it?

[genuinebloke]

I was driving along a road at legal speed, and a car that was parked on my left pulled out into me hitting my car causing me to swerve into oncoming traffic, i hit a car head on, which caused alot of damage to both my car and the car i collided with. In my opinon it was the car which pulled out into me at fault, i'd like your opinions please.

[donn1901]

in my eyes the car that pulled out is to blame but really i'd have hit him rather than go into on-coming traffic so it could get fairly difficult as the person you hit will prob claim off you and your insurance will have to try and claim it off the drivers insurance who pulled out on you. could be a tricky 1. Hope you got witnesses or the other driver saw it.

[bednobs]

put it in the hands of your insurance company, who have many many years of experience of finding out who is to blame

[genuinebloke]

The driver i hit head on saw that she pulled out and i'm pretty sure that the car that pulled out admitted to the police she did so.

[karelat1]

i agree with the others - it will be best to have witnesses etc. and you may end up paying out the car you hit.

but it was defo the cars who pulled out fault, as you was already moving, they were cutting into your lane and right of way , e.g. when a car wants to turn into a side road on their oppisite side, they must wait until the oncoming lane is clear/safe to go - as they are cutting into that lanes flow of traffic.

[gouldc]

That should be a nice simple one in light of the witnesses and police report will also confirm.

In my experience, you should be fine - the person who pulled out caused you to collide with the other person.

The insurer of the person you hit head on should claim directly from the insurer of the person who pulled out. There may be an initial period where they attempt to claim off your insurer (as usually happens), but your insurer will just re-direct the claim.

[genuinebloke]

Thankyou for your answers, spoke to a solicitor today and it is a clear case of negligence on the car that pulled out on me as GOULDC says.