ROAD TRAFFIC ACCIDENT WHOS FAULT

[anthony25]

HELLO I WAS ON MY WAY HOME FRIDAY NIGHT AROUND 7PM I WAS DRIVING ALONG A STRAIGHT ROAD THEN THE ROAD SORT OF DROPS DOWN AS IF YOU ARE COMING OVER A HILL UP THEN DOWN SORT OF THING AS IVE COME OVER SOME GUY WAS DOING WHAT SEEMED TO ME AS A U TURN IN THE ROAD AND HIS CAR WAS ACROSS WAYS OVER MY SIDE OF THE ROAD HIS PASSENGER DOOR WAS ACROSS WAYS ON MY SIDE OF THE ROAD I WAS DRIVING DOWN HILL THE ROADS WERE SOAKED I BRAKED AS QUICK AS I COULD AND SLID STRAIGHT INTO HIS WING STRAIGHT ON MY AIR BAGS DEPLOYED I WAS TAKEN STRAIGHT TO HOSPITAL WITH NECK AND BACK INJURIES..WHOS FAULT IS THIS ??????

[Dris]

Your fault -no ifs nor maybes.You should always drive at a speed where you can expect the unexpected -you werent- simple.
Thank your lucky stars that no-one was killed and just get the paperwork done.

[andy-hughes]

Perhaps it should be stressed that you may be percevied as in the wrong 'in law' - and that is all the insurance companies will argue over.

Yes he was an idiot, yes it was stupid, yes it was the wrong place to do a turn etc. etc.

But in law, none of that counts. Truth is, you were travelling too fast for the condisions - as evidenced by the fact that you were unable to stop when encountering a hazard.

Let your insurance company sort it - but be preprared to thake the blame legally, if not morally - unfortunately the law is what the other side will use to sting your company and bump up your premiums.

[jno]

I don't know that 'the law' will come into this, but if so then both insurance companies will be using it as an excuse not to pay out. Anthony was driving along a road. The other driver was driving it across it. In my view that puts a heavier burden on the other guy to make sure his manoeuvre was safe.

[andy-hughes]

Your point is a fair one jno, but the other side will simply point to the Highway Code's insistance on driving at a speed at which you can safely stop should you encounter a hazard - and from the information given, antony failed so to do.