Car Bump- Whose Fault Is It?

[cameliaheartfelt]

I was coming out of a supermarket car park and a driver coming off the roundabout to my right was still indicating so I thought she was going to turn into the supermarket car park. She didn't and I pulled out and went straight into her. Both cars damaged on front corner. Whose fault is it? I think it's either mine or 50 50. My husband says I should have waited to see what she was doing. I have no claims protected. I assume this covers costs if my fault and that I will have to pay my excess!

[Peter Pedant]

// I,m afraid it is your fault.I have found you cant rely on indicators these days better to wait. //

full marks

If you indicate right - you arent NOT under a duty to turn right
so you dont have to do it - coz it is not a duty
so the other fella ( you cammy ) should wait and see

[jomifl]

You fault, I'm afraid an indicator is just an indicator , not a commitment. They sometimes cancel unexpectedly of get flipped on because of bady placed controls. You have to try to see where the driver is looking, where their hands are placed on the steering wheel and their placement on the road. All at once.

[Dodger666]

It's possible the other driver thought the indicator would cancel itself after she straightened up as she turned off the roundabout. My car has a habit for the indicators not to cancel if the steering wheel has only turned a short way when cornering.

[Bazile]

There are case laws apportioning blame between the two parties - Wadsworth V Gillespie is one , which apportion blame of 2/3 , 1/3 liability in favour of the driver with the misleading signal .

Your insurance company will /should be aware of these case laws

[cameliaheartfelt]

Just to update for anyone else in this situation. My insurance said it was looking like 70/30 my fault but they will push for 50/50. The other car was giving mixed, confusing signals yes, but she still has the right of way as I was on a side road and she was on the main road. I agree and settle for part liability. It was throwing it down with rain so in answer to someone's point, visibility was poor and it happened so fast, her coming off the roundabout, no chance in seeing where the drivers hands were placed on the wheel!

[TWR]

I bet you will never do that again "Came"? lesson learnt.

[andy-hughes]

Camelia - I think you are lucky if you get a 70 / 30 split - and I would be inclined to accept it, but if your company cvan get 50 / 50, which i doubt, that would be a real result.

[2sp_]

I know it sucks, but you were in the wrong legally.

I remember my driving instructor telling me to treat everyone with an indicator flashing as a liar. Always wait to see where they are actually going, not where they are indicating.

Sorry! I hope you are OK now, and the damage to the car isn't too bad.