# Another whos at fault thread (



## m0bov (May 2, 2007)

Hi guys, had a prang today, not sure who would be at fault, give me your opinion.

Its at Purley, A22 coming from the station towards the big Tescos.

Car on my left I expected to go either left or towards the Tesco, it didn't indicate.

As I pulled away, it hesitated but I took my lane, checked my inside mirror and the car shot across me. I breaked and sounded the horn, I as almost stationary, the other car didn't even break. Got her details and put in the claim.

Should she have given way to the right? Was she in the wrong lane?

I had nearside bumper scrap, she had scrap above her rear offside wing. I was hardly moving. (


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## Andy from Sandy (May 6, 2011)

A one way street you in the right lane and a car in the left pulls across and hit you.

On that I would say they are driving without due care and attention. They should of checked the lane was clear before pulling into it.

Red route so it is not like you were parked and at the same moment decided to move off.


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## m0bov (May 2, 2007)

Thanks for your view, I could upload a snip of the cam footage. If I did wrong, fair enough, but she did'nt even slow, my wife said she clearly did'nt see me. What a year...


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## Kerr (Mar 27, 2012)

Dashcam footage would make it much easier to give an opinion.


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## m0bov (May 2, 2007)




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## m0bov (May 2, 2007)

Uploaded mate


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## J306TD (May 19, 2008)

IMHO from looking at that she was going straight on. Then you crossed slightly into her lane?

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## m0bov (May 2, 2007)

J306TD said:


> IMHO from looking at that she was going straight on. Then you crossed slightly into her lane?
> 
> Sent from my SM-G960F using Tapatalk


Fair comment. I felt though she was trying to undertake me on the inside, that's all.


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## Darlofan (Nov 24, 2010)

Hmmmm, looking at that it looks like you started to move across to the left. Looking across the junction to keep in right hand lane there was no need to veering left. I'd be accepting 50/50 on that, if her insurance see footage you might find it's your fault totally. Could be the angle of camera etc but without footage from cctv etc I think you'll struggle.


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## The happy goat (Jun 26, 2019)

I think it’s a case for the insurance companies to sort out, it might be viewed as 50/50 if neither of you were indicating. But after watching the video the arrows on the floor clearly show your lane to go straight ahead of right and her lane for straight on or left so I would say she was in the wrong lane.


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## Kerr (Mar 27, 2012)

I was expecting you to go straight ahead in the right lane. Your movement to the left was obvious in the dashcam footage.


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## Darlofan (Nov 24, 2010)

m0bov said:


> Fair comment. I felt though she was trying to undertake me on the inside, that's all.


Road arrows show straight on for both lanes and exit road has 2 lanes so she's not really undertaking she's in correct lane for taking left lane on exit road like you were in right lane for right lane on exit.


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## m0bov (May 2, 2007)

Ok guys, thanks for the input, just let insurance sort it out.


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## m0bov (May 2, 2007)

The happy goat said:


> I think it's a case for the insurance companies to sort out, it might be viewed as 50/50 if neither of you were indicating. But after watching the video the arrows on the floor clearly show your lane to go straight ahead of right and her lane for straight on or left so I would say she was in the wrong lane.


TBH that's what I believe. I watched the cars whilst she was writing and phoning people, some used her lane to go right, most kept left towards the supermarket, so still not sure. :wall:


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## Darlofan (Nov 24, 2010)

The happy goat said:


> I think it's a case for the insurance companies to sort out, it might be viewed as 50/50 if neither of you were indicating. But after watching the video the arrows on the floor clearly show your lane to go straight ahead of right and her lane for straight on or left so I would say she was in the wrong lane.


Why is she in wrong lane? Arrows on her lane show left or straight on, she was going straight on so no problem. From the video it appears he is changing lanes too not her.


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## The happy goat (Jun 26, 2019)

Darlofan said:


> Why is she in wrong lane? Arrows on her lane show left or straight on, she was going straight on so no problem. From the video it appears he is changing lanes too not her.


It depends there is a road to the left, left/straight on and right, I would assume that being in the left hand lane the other driver would be going left or straight on not right as per the road markings.

If the driver was moving across to go left/straight on I would say she was in the right but she came across the road from the left hand lane and turned right.

The road markings are clear, left and straight on not right.


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## The happy goat (Jun 26, 2019)

IMHO it’s a confusing junction


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## Mikesphotaes (Jul 24, 2016)

The happy goat said:


> It depends there is a road to the left, left/straight on and right, I would assume that being in the left hand lane the other driver would be going left or straight on not right as per the road markings.
> 
> If the driver was moving across to go left/straight on I would say she was in the right but she came across the road from the left hand lane and turned right.
> 
> The road markings are clear, left and straight on not right.


I totally agree!

She turned right, end off.


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## fatdazza (Dec 29, 2010)

Looks to me that you moved across to the left without checking on the inside of you. 

Probably not what you want to hear.


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## Darlofan (Nov 24, 2010)

The happy goat said:


> It depends there is a road to the left, left/straight on and right, I would assume that being in the left hand lane the other driver would be going left or straight on not right as per the road markings.
> 
> If the driver was moving across to go left/straight on I would say she was in the right but she came across the road from the left hand lane and turned right.
> 
> The road markings are clear, left and straight on not right.


There are 2 left turns, one sharp left 90degree, then there's the smaller left turn at about 10oclock. Left lane would be for these2 exits. Then there's the straight on that they both go to take this has 2 lanes same as road they're on(white centre line can be seen), which is why both lanes say straight on but you should be sticking to the lane you're in when crossing the junction or check first that the lane you're moving into is clear which he didn't do. The right turn is a hard 90degree right at the lights which you would use right hand lane approaching lights.

Looking at front left of his car it should have been heading for just right of the centre line across the junction yet it was heading for the bollard on the left corner, meaning he was changing lanes without checking it was clear. 
Annoyingly, even if she'd cut the op up, jumped a red light etc he'd still be at fault.


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## garethp (Mar 7, 2012)

my opinion, it's pretty clear cut...
both her and your lane at the lights allow for going straight on
she proceeded straight on and remained in the left hand lane on the exit to the junction - she did not deviate.
You had the choice of either the middle lane, or moving to the right lane on the exit of the junction.
Unfortunately, instead you attempted a manoeuvre of changing to the left lane, hitting her 
You are at fault, sorry.


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## c87reed (Dec 9, 2015)

I would say based on the footage it would be the OP at fault. I would have expected you to continue into the middle lane or right-hand lane. The argument would be that you hadn't checked to your left that it was clear before moving over. I wouldn't say that the other car's indication or lack of it is significant as you would rely on own observations to check what it is actually doing/or has done.


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## The happy goat (Jun 26, 2019)

Easily solved, leave it to the insurance to sort out rather than us second guessing.

Please update when you do get an answer.


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## fatdazza (Dec 29, 2010)

Unless the OP hands over his dashcam footage and in the absence of an independent witness, I suspect the insurance companies will go 50/50.

It will simply be a case of "he said" / "she said"

And while we wait for the claim to be settled why not have a healthy debate in this case of "spot the ball"?


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## The happy goat (Jun 26, 2019)

fatdazza said:


> Unless the OP hands over his dashcam footage and in the absence of an independent witness, I suspect the insurance companies will go 50/50.
> 
> It will simply be a case of "he said" / "she said"
> 
> And while we wait for the claim to be settled why not have a healthy debate in this case of "spot the ball"?


Top left :lol:


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## possul (Nov 14, 2008)

From the video it looks to me like your trying to go towards the left turn at 10 o'clock. Have you seen this as the straight on?

The leaf appears to stay in lane and seeing as both lanes are straight on, you move the the left in the video.


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## Blue Al (Sep 13, 2015)

Im a nosey bugger and would be looking left and right whilst stationary with a quick scan
To see if....
I like the cars around me, 
Are any of them heaps with obvious dents/significant panel damage
Any foreign plates/left hookers
Any cyclist or bikers moped pizza delivery 
Any pavement hazards/pushchairs
Trucks/psv/white vans/taxis (all Set off extra red lights in my mind)

Then I will check the interiors.
Are the drivers kids or ridiculously old, any sat with their chins on dashboard.
Do the drivers look confused or confident
Is it school run time, are the back seat passengers a distraction ?
Do I fancy any of the drivers (Lol) 
Last and most importantly 
How many of them are looking Down at their phones, (4 is current recent record includes the driver at 70mph + on M40)

This is part of an ongoing risk assessment which may give some clues to other drivers intentions and or capabilities for when things start moving again.

In your situation, post accident the other drivers reactions will also possibly tell a story, if they attempt to leave the scene Immediately it might also imply some guilt on their part.

With the camera evidence you have shown your best possible result is a 50/50, from the opposing drivers perspective if they were confident it was you fault They should be chasing you for full payment (I would) 

What is the actual damage compared to the excess and hassle of a claim?


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## Blue Al (Sep 13, 2015)

On a side note the sat navigation voice In the background would suggest You were unfamiliar with the area and could undermine your “evidence” should you wish to pursue that avenue 

Equally I believe you were following the instructions correctly, and I wouldn’t have expected that car to loom into your front left corner either.

An over head goggle earth view might help your case, showing junction layout


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## GleemSpray (Jan 26, 2014)

If the OP had stayed in the right hand lane the accident would not have happened - Before the lights, there are two lanes, both to be used for going straight ahead.

Mid-junction the OP clearly deviated into the left lane (38 sec on vid) and caused the collision.

OP will be asked the inevitable question as to whether he had a dash cam fitted and working, during the claim process - the other side and their insurance company will be very keen to know this

The answer has to be Yes because he has posted it all over here and Youtube.

If he answers NO, its a fraudulent claim and OP could well be in a big heap of smelly stuff if either insurance company finds out.

That's what i think


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## m0bov (May 2, 2007)

Hi all. Just to update they are going 50/50. Thanks


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## J306TD (May 19, 2008)

m0bov said:


> Hi all. Just to update they are going 50/50. Thanks


Thank you for the update.

You've done well to get that outcome

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## JARS (May 21, 2010)

J306TD said:


> Thank you for the update.
> 
> You've done well to get that outcome
> 
> Sent from my SM-G960F using Tapatalk


You say that, but it will still be considered a fault claim as the op's insurers will have to fork out costs that are unrecoverable. Unfortunately, the insurance cost will go up at the next renewal

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## Darlofan (Nov 24, 2010)

JARS said:


> You say that, but it will still be considered a fault claim as the op's insurers will have to fork out costs that are unrecoverable. Unfortunately, the insurance cost will go up at the next renewal
> 
> Sent from my iPhone using Tapatalk


But would it have been worse and cost more if they saw the footage and put it 100% his fault? Not up on how insurance works regards fault/50/50 claims. I think op is lucky to get that result looking at evidence we've seen.


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## Darlofan (Nov 24, 2010)

m0bov said:


> Hi all. Just to update they are going 50/50. Thanks


Out of interest did you get asked about dashcam footage when claiming?


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## JARS (May 21, 2010)

Darlofan said:


> But would it have been worse and cost more if they saw the footage and put it 100% his fault? Not up on how insurance works regards fault/50/50 claims. I think op is lucky to get that result looking at evidence we've seen.


When I worked in insurance the 50/50 and fault claims both increased the policy premium.

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## Darlofan (Nov 24, 2010)

JARS said:


> When I worked in insurance the 50/50 and fault claims both increased the policy premium.
> 
> Sent from my iPhone using Tapatalk


I was wondering if it was by same amount or if a noticeable difference. Let's face it protected no claims and premiums still rocket if you have a claim.


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## MDC250 (Jan 4, 2014)

Darlofan said:


> I was wondering if it was by same amount or if a noticeable difference. Let's face it protected no claims and premiums still rocket if you have a claim.


It is whatever magic figure the underwriter comes up with.

If you think about it, say you run a coach off the road and face 50 injury claims, your renewal premium will increase but not directly in proportion to 50 claims. It goes up of course and the value of any settlement is a significant factor.

Pays to shop around come renewal.


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