Help, Accident please help...

[izzi613]

Some berk overtaking a stationary row of cars in the wrong lane hit my nearside front corner whilst I was pulling out tonight. Firstly if he was in the wrong lane am I to blame?

Ok slowly now... I was flashed out so I crept forward looked to my left.. was clear so went..only to see him coming towards me in the wrong lane (i.e. where I was headed) he swerved away and my front nearside corner nearly flipped his Ford Ka. Damage is; v minor wing and headlight damage but bumper is a bit dodgy In fact it is probably worse than it looks due to front crossmember damage. It was a glancing blow but I gouged a deep furrow down his Ka (hee hee) just above the sill. The funny thing is I felt VERY little in the car for the damage caused (testament to Mercedes).

Firstly any lawyers (or opinionated laypeople ) out there? Should I have looked passed the car who flashed me out to see if any idiot was in the lane I was headed? when I was stationary I could not have seen him as he was going quite fast blind to me (behind the sationary cars and I could not have seen him until halfway in to his lane due to car immidiately to my right). The lane is only 1 car width btw. Or as he was overtaking queueing cars to gain an unfair advantage in the WRONG lane, he was at fault.

Secondly I am quite miffed (to say the least) as I have only had the car for 8 weeks and I'll be without it for a while. Sob Sob. I phoned Mobilolife to see what the score is with bodyshops v insurers recommendations. Anyone had experience with this and crucially can anyone recommend a PERFECT BODYSHOP in the MANCHESTER area?

Sorry for the long post but quite upset and hate seeing my car in this way:sad:

 

[anyweb]

sorry about the crash dude, hope that everything works out fine for you and the other person involved

cheers
anyweb

 

[turnipsock]

was this at a 'marked' junction?

 

[izzi613]

Thanks Anyweb (he was well shook up btw)

No Turnipsock just a side road on to a main road. What may the difference be can I ask?

Thanks

 

[mister_cee333]

I'm no lawyer but in my opinion...
Flashing of lights is a warning like sounding your horn, and therefore means nothing except "have you seen me?". It's your responsibility to check if the road you are joining is clear for you to proceed, including verifying that the person who "flashed" you has actually meant for you to pull out in front of them. This means checking all directions and not proceeding until you are certain that it is safe. If you can't see out of a junction you must edge forward until you can see. At any point you must stop if it is not clear to proceed. (Even if that means being annoying to the person who flashed you). If you have pulled out then I would say that you are at fault for not checking that it was safe to do so. However if you have edged forward to be able to check the road from all directions, and then stopped because it wasn't safe to proceed - then I would say it is the other driver who was at fault for not being able to stop within the distance he could see.

 

[VIP2006]

Hi sorry to hear about your incident and with respect to Mobilio be carefull for when I had a accident in 2003 and I wanted assistance I was told "sorry but Mobilo can't be used for accidents!!!. However when I questioned the sit. with my local merc dealer he said that all situations were now covered!!!
Regards

 

[Blobcat]

Were the police called & has anyone admitted liability? The reality is that the insurance companies will probably see this as a 50/50 unless someone admits liability.

 

[marnix]

When pulling out from a junction, parking space or side road, you should give way to traffic coming from both directions, not just your right.
If someone flashes, how do you know that it is meant for you and not for the other driver's mate on the pavement?
He could have been flashing at the car you hit to invite him to get through. It is your responsability as the driver of your car to make sure that the road is clear before you pull out.
Where do you expect the other car to drive when there is a row of parked cars? Or should he wait until all the parked cars have moved on until he proceeds with his journey

 

[izzi613]

Thanks guys but some of you are not reading my post properly or missing the point.

I was turning RIGHT the traffic in front of me was travelling for right to left (obviously) I was flashed so I crept out halfway (didn't just go on his signal), checked for traffic coming from the left, it was clear and this fellow was in the wrong lane to my right overtaking the stationary traffic. I saw him as I made to pull away as up until then I was blind to the right due to the stationary traffic to my right and that is when we hit.

In any event I have an independant witness who saw the other fellow in the wrong lane and my insurers therefore have advised that as I was already in the road and he was in the wrong lane it should be decided as non fault.

Thanks for the reassurance and concern, much appreciated.

 

[Parrot of Doom]

I don't see how you could have possibly avoided this accident. The fault is entirely with the Ford Ka driver, especially since they were overtaking at a junction they could not see to be clear.

The headlamp flashing bit only works against you, since somebody could presume you didn't correctly observe the traffic once the headlamps had been flashed.

 

[izzi613]

I don't see how you could have possibly avoided this accident. The fault is entirely with the Ford Ka driver, especially since they were overtaking at a junction they could not see to be clear.

The headlamp flashing bit only works against you, since somebody could presume you didn't correctly observe the traffic once the headlamps had been flashed.

Thanks Parrot,

He was totally blind to me up until 2 sec before the accident and he was going like the clappers.

I know the flashing lights could work against me (I always double check when someone flashes me) so that's why I never mentioned it..

 

[jberks]

Sorry to hear about the accident.
If it's any help, I had the identical accident many years ago. Pulled through a stationary queue of traffic to turn right. Looked left, all clear and then bang - hit a fiesta (what is it about small fords!?) overtaking the stationary traffic.
All I can say is that his insurance co accepted full liability. I don't know the legalities but at the end of the day, I (you) were travelling in the correct direction for that lane and he wasn't. I figure I (you) technically had right of way.

 

[izzi613]

Sorry to hear about the accident.
If it's any help, I had the identical accident many years ago. Pulled through a stationary queue of traffic to turn right. Looked left, all clear and then bang - hit a fiesta (what is it about small fords!?) overtaking the stationary traffic.
All I can say is that his insurance co accepted full liability. I don't know the legalities but at the end of the day, I (you) were travelling in the correct direction for that lane and he wasn't. I figure I (you) technically had right of way.

Very comforting jberks appreciate your post.

I hope his insurers appreciate this and aren't boneheads... I have already resolved to fight this through the courts if my insurers are lazy and do not defend my case (I have legal cover) as I was hit by an uninsured drugged out idiot whils't in my then new Punto about 5 years ago and fought tooth and nail for a payout by the Insurance ombudsmen. In the end it was decided along the lines of 80 - 20 or 70 - 30 in my favour but this seems more clear cut.

Insurance companies do not fill me with utmost confidence as it is often about pounds shillings and pence rather than about you & me.:???:

 

[BarryG]

My main suggestion would be to make a drawing of the positions of the vehicles before the accident and at point of impact.
Took me awhile to get my head round your description, your second post on it helped.

Anyone else noticed the parking 10 metres from a junction rule seems to be totally ignored now?

Barry

 

[izzi613]

Barry

Please see my best 'paint' sketch attached. You see when I crept out to check left, he was 50 yards down the road blind to me travelling towards me at 20 - 25 mph on the wrong side...

I checked left and as I made to pull away he was 10 yards away. I braked HARD, he swerved to his right and I glanced down his left flank. Could have been much worse thank the Lord he swerved or he would have come through my door...

Its incredible how the human body reacts, this could not have been avoided due to his speed but it could have been so much worse.

 

[marnix]

Hi again,
If the cars were stationery and waiting in a queue, he was at fault.
If the stationery cars were parked up, you should have taken the regitration of the cars closer than 10 mtr to the junction as they were blocking your view of the junction and could be liable for the accident.
A cheap throw away camera is very usefull for this sort of incidents, as a picture can be used as evidence in court.

 

[izzi613]

Hi again,
If the cars were stationery and waiting in a queue, he was at fault.
If the stationery cars were parked up, you should have taken the regitration of the cars closer than 10 mtr to the junction as they were blocking your view of the junction and could be liable for the accident.
A cheap throw away camera is very usefull for this sort of incidents, as a picture can be used as evidence in court.

Cars were stationery and waiting in a queue. If they had been parked it goes without saying I would have expected traffic from the right too.

Thanks for your comments.

 

[D3Less]

It has to be the other driver at fault surely.

Good luck with it, hope it does not drag on too long.

 

[izzi613]

Thanks D3Less

Nice new motor, is it auto? What tasty extras?

 

[daveenty]

Nah, deffo your fault....you're from Salford

Seriously though, not being there or seeing it I couldn't comment, but at least no-one was hurt.

Let the insurance sort it out....that's what we pay them for