Who is to blame?
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  1. #1
    Senior Member Geordie's Avatar
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    Who is to blame?

    Interested in getting peoples views on a road accident I was involved in. I have attached a video of the accident, please post in the comments where you think the blame lies. Although the video doesn't show it up very well the silver car was indicating to turn right.



  2. #2
    Senior Member BigOne-94-14's Avatar
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    Blue car is probably most at fault because he is overtaking and it is his responsibility to do so carefully.

    But.

    Since you are in Blighty, the silver car could have hugged the crown better to make his maneuver more clear. It would be easy to interpret that he is waiting to pull out, rather than make the turn, because he is somewhat close to the curb. In fact he is far closer to the curb than to the crown of the road, where he should be. Here in America, no one understands road position, so there's no sense thinking like that :-(

    Silver car should know to watch his mirrors.

    Blue car should be aware of the intersection and approach silver car with caution. Silver car was moving to make the turn before Blue car came into the frame. Blue car doesn't appear to react until the last moment because I think he is assuming the Silver car is moving forward not turning.

    Last comment: Blue car is overtaking in the face of oncoming traffic, so clearly he thought there was room to get past, suggesting my point about poor road position on behalf of the Silver car is contributory.

    I'm pretty sure legally the Blue car gets the fault, though since I am no legal expert I suppose it's possible Silver car gets some blame for being a bad driver too.

    I'd guess the driver is old and drives like a codger everywhere and should have stopped driving 5 years ago LOL. Which means you are the driver in the Blue car HAH.
    Last edited by BigOne-94-14; 08-05-2019 at 10:07 PM.

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    Senior Member COLVERT's Avatar
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    The driver of the blue car every time. You don't try and overtake a car that is signalling a right turn unless your brain is switched off.

    ( Probably texting anyway. Lol. )

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    Senior Member Geordie's Avatar
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    Right then, the background to this accident.

    I was the old codger driving the silver car and firmly believed I wasn't to blame for it. Initially the insurance company agreed with me and all was going well. Then their legal department got involved, they rang me last week and said I was to blame. Their reasoning for this was, the blue car had crossed the centre line before I moved off to make my right turn, therefore I should have seen this and not proceeded. As you can imagine there was quite a heated debate about this but they were adamant I was to blame. That was my reason for posting on here to get opinions, so I could hopefully use them to help my complaint to the insurers.

    BUT, fast forward to today, the claim handler looking after this claim rang me. He had no idea the legal department had done what they did and was mortified by it. So he has rescinded the offer to settle made by the legal department and is now pursuing this on the basis the other driver is 100% at fault.

    Watch this space.........

    PS C'mon Bigone and Oldcorrolas, like I would be seen dead driving a renault Megan

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    Super Moderator Dave H's Avatar
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    Geordie, the driver of the blue car is 100% to blame, no doubt at all. It looks to me like he/she wasn't paying attention at all as well as going too fast, probably distracted as many seem to be these days. I suppose a positive is that you weren't making the right turn on your bike when that happened !
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  7. #6
    Senior Member Geordie's Avatar
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    Quote Originally Posted by Dave H View Post
    I suppose a positive is that you weren't making the right turn on your bike when that happened !
    That doesn't bear thinking about. If he could spin an estate car around, what chance would a bike have!

  8. #7
    Senior Member BigOne-94-14's Avatar
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    The adjuster who concluded the blue car crossed the centre line before you moved off is a moron. Where is that a thing in the Highway Code?

    I still say you should work on your road positioning, no matter how at-fault the driver of the blue car is.

  9. #8
    Senior Member Geordie's Avatar
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    Quote Originally Posted by BigOne-94-14 View Post
    I still say you should work on your road positioning, no matter how at-fault the driver of the blue car is.
    You make a very valid point mate, my road positioning was poor. But, there is a reason for that.

    This accident happened literally outside my house, the video is from my home CCTV. I have lived on this road for the last fifty six years and have in that time observed a few things that would shock you.

    What the video doesn't show, is that just beyond it's view is a bus stop. What tends to happen, when a bus is stopped at the bus stop, cars will pass them at speed, then struggle to get back on their rightful side of the road before this junction. That is why locals, like myself, tend to adopt a position slightly away from the white line.

    That said, after this incident, I have had to rethink how i approach this junction. I did think a car in the middle of the carriageway with its indicator on would be enough to warn other road users, obviously I was wrong.

  10. #9
    Senior Member BigOne-94-14's Avatar
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    Damned if you do, damned if you don't. I get it. Hopefully insurance sorts this out correctly.

  11. #10
    Senior Member COLVERT's Avatar
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    Quote Originally Posted by Geordie View Post
    You make a very valid point mate, my road positioning was poor. But, there is a reason for that.

    This accident happened literally outside my house, the video is from my home CCTV. I have lived on this road for the last fifty six years and have in that time observed a few things that would shock you.

    What the video doesn't show, is that just beyond it's view is a bus stop. What tends to happen, when a bus is stopped at the bus stop, cars will pass them at speed, then struggle to get back on their rightful side of the road before this junction. That is why locals, like myself, tend to adopt a position slightly away from the white line.

    That said, after this incident, I have had to rethink how i approach this junction. I did think a car in the middle of the carriageway with its indicator on would be enough to warn other road users, obviously I was wrong.
    NO---You were not wrong. Indicators tell other road users your intentions.---If they choose to ignore them then THEY are in the wrong, NOT you..----Think of all the mess the roads would be in if everybody decided to ignore stop lights.

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