Hey guys i was just wondering if i could pick your brains.

 

I was involved in a pretty bad car crash on Saturday night with another car and im adamant it was not my fault but theres always 2 sides to any story so what do you think?

 

I was coming down a 60mph dual carageway in the outside lane doing no more than the speed limit as the roads were wet. Infront of me there was a Toyota Yaris, she must have been going really slowly as i was catching her up pretty quickly, either way...

 

I see her right hand indicator flash twice and then she pulls over into the inside lane, so naturally i assume she flicked the indicator the wrong way but moved over to let me overtake, so i went to overtake, the next thing i know she cuts accross into my lane without warning so all i can do is slam on, and i went straight into the back of her at atleast 50mph. Both cars are total write offs and really messed up, both airbags deployed etc.

 

Where she cut accross me there is a tiny gap in the central reservation and i can only assume she was going to turn into there. There are no road markings or sign posts though. But to go into the inside lane then cut accross the outside lane without checking her mirrors or signaling? Surely she should have checked her mirrors before attempting to cross from the inside lane to the outside lane.

 

We all went to hospital, both ladies have head injuries but they are ok now and i have a broken wrist and my friend broke his nose.

 

There are indipendant witnesses who will give statements but from what i have said who do you think is at fault?

 

I am only 19 and was in my mums micra at the time and this lady must have been in her 60's. The first thing the police did was breathalise me but i dont think they tested the lady.

 

What do people think?

 

Many Thanks

 

Daniel

you don't know the lad ........... unless you know him.

 

Thank you oh wise one!!!! :rofl: :p :tongue:

Had a letter off her insurance saying that they hold me responsible and their claiming injuries too. I am going to fight it but whats the next step now?

Ignore the letter - pass it on to your insurance to deal with - dont reply to it.

as above just pass it too your insurance company but make sure you tell them you wer not at fault.

Iv told my insurance company im not at fault in the claim form i sent to them and her insurance wrote to me saying they hold me responsible. Im not going to reply to it, im giving it to my insurance company a long with 5 pictures i took on my phone of the scene and the damage on both cars (iv printed them out photo quality on full glossy A4 paper). You can clearely see the damage indicates she pulled out infront of me.

 

Is that a good thing to do and is there anything else i can do?

 

If it comes to it i am willing to go to court because i am adamant i would win as it was not my fault and i really dont want a joint 50/50 claim as im on a traders policy through work and my excess is 2k!

I think if you drive into the back of someone you're to blame.

 

She may have changed lanes before hand for whatever reason but I think if the front of your car goes into the back of another it's regarded as your fault.

 

The insurance company will try and make it a 50/50 fault accident so they can take everyone's excess and NCB.

 

Cant dissagree more. If you pull out into my path and I cant avoid you then its your fault, it even states it in the highway code.

 

MIRROR, SIGNAL and when clear Manouver

 

If you are directly in front of me and you stop and I hit you, well then thats another story.

Cant dissagree more. If you pull out into my path and I cant avoid you then its your fault, it even states it in the highway code.

 

MIRROR, SIGNAL and when clear Manouver

 

If you are directly in front of me and you stop and I hit you, well then thats another story.

 

Exactly! She did not check her mirrors, or signal before she manouvered right infront of me, so yes even though i went into the back of her i would have thought she was entirely at fault.

 

Thats for saying about it saying that in the highway code, im going to look that up tomorow!

I've just seen this thread and it sounds like a nasty accident. :(

 

The way I understand it from what you're saying is that she indicated right, presumably to go through the tight gap in the central reservation and then pulled left to get a better angle to go through the gap. Is that right?

 

How far before the gap in the central reservation did she pull into the inside lane? How long was she in the inside lane for? Did she indicate at all when she was in the inside lane?

 

I can see why she'd pull left to turn right if the gap was really tight, but she should have been indicating right the whole time and there would be a good argument that it was your fault. If she didn't indicate right before pulling from the inside lane into the outside lane right in front of you then I just can't see how it could be your fault. :confused:

ok sorry to throw a spanner in all this. but try an look at this from an outsiders view. scoops has his point. the insurance ppl were not there to witness it, and even though the woman said sorry, it counts for nothing unless there are independant witnesses to hear that. people in either car do not count.she can soon turn around (on advice from her insurance company) to deny all. it's a crap thing. but it does happen.

 

in the end it's all to easy for he to say that she was already in that lane an you went into the back of her. lets hope you're witnesses statements hold up.

 

main thing is. you all got out of something that could have been a whole lot worse. maybe just a case of the insurance companies fighting this one out. one of those poohy things that happen to alot of us. glad you're ok an hope all turns out well for you

I've just seen this thread and it sounds like a nasty accident. :(

 

The way I understand it from what you're saying is that she indicated right, presumably to go through the tight gap in the central reservation and then pulled left to get a better angle to go through the gap. Is that right?

 

How far before the gap in the central reservation did she pull into the inside lane? How long was she in the inside lane for? Did she indicate at all when she was in the inside lane?

 

I can see why she'd pull left to turn right if the gap was really tight, but she should have been indicating right the whole time and there would be a good argument that it was your fault. If she didn't indicate right before pulling from the inside lane into the outside lane right in front of you then I just can't see how it could be your fault. :confused:

 

She pulled fully into the inside lane maybe 100m before the VERY tight gap (which has so signposts warning of it), and she was there about 2 secs before i went to overtake. As i did she pulled right out infront of me and she did not signal (or evidently check her mirrors!)

Dan, all the advice I can give is expect this to go on for a while yet. I had a crash back in February this year while traveling around an island. The woman to my right just crashed into me without warning, without indicating etc. Open and shut case I thought. Apperently no, it's not.

 

First thing I learned was your NCB will be knocked right now for having a pending claim. This means you have to win the case to get it back.

 

Second best option is 50/50, but go to court first, dont let your solicitors talk you into this because this is the easiest way to finish it for them.

 

Am i right in saying you were both on a dual carrigeway? or single carrigeway?

You're gonna have to be VERY carefull, I can see your case having a lot more pitfalls than mine.

 

Regards,

 

Rob.

Yeah we were on a dual carageway mate, iv had a lot of good advice off here and i am expecting it to go on for a while yet.

 

I will go to court before i settle for a 50/50 as there was nothing i have done to adoid her.

 

Anyway thanks to everyone for the advice they have given me.

Check the caselaw of Wadsworth v. Gillespie - this is different circumstances but does relate to misleading signals. This may show she had some contributary negligence however you would still be blamed for majority of cause of accident.

I personally think you will be looking at careless driving charges, the onus is on your part as the overtaking vehicle to ensure the way ahead is clear.

Finally they will have breathalysed the other driver but probably at hospital, a little difficult to breath test with head injuries.

Dan, Rob is spot on I'm afraid. I had an accident back in August 2004 when a guy ploughed into the back of my car while I was stationary waiting to turn right! A supposed open and shut case which has rolled on and on due to various things (ie the guys insurers kept offering waaaaay to little in compensation. I had a relapse of a severe chronic illness as a result of the accident. It's now going to court). If your insurers haven't put you in touch with a good solicitor, I can recommend Garlands. They're used to this sort of thing and are very efficient.

 

Hope it works out well in the end.

 

Leigh.

Check the caselaw of Wadsworth v. Gillespie - this is different circumstances but does relate to misleading signals. This may show she had some contributary negligence however you would still be blamed for majority of cause of accident.

I personally think you will be looking at careless driving charges, the onus is on your part as the overtaking vehicle to ensure the way ahead is clear.

Finally they will have breathalysed the other driver but probably at hospital, a little difficult to breath test with head injuries.

 

The way ahead was clear thats why i went to overtake, but when i got about 20meters or so behind her she pulled out right infront of me without signaling. How am i going to avoid her?

 

And whats the caselaw of Wadsworth v Gillespie?

Also the only witness is not responding to my insurance company. They have wrote to him twice and heard nothing. So if he refuses to give a statement its my word against hers plus the pictures which my insurance company have.