Had a prang, who's to blame?

Deluks · 16 Aug 2011

Single lane of traffic, driving along minding my own, vehicle in front indicates to turn left...
instead of just turning left into the side road, he slows right down, allowing me to pass and then makes the turn after I've gone past him.

Either he was in the extreme right hand side of the lane when I went past him, or he took the turn very wide...

Crunch!

He's hit me scraping up the drivers side door and part of the wing.

(didn't take photo, doh!)

Who would insurers put at blame here? Considering he was the one making the manoeuvre, and my vehicle is damaged on the right hand side only, but the front is intact. And I was driving straight along an A road when the accident happened?

Still baffled as to how an incident like this would occur, all happened very quickly though, (as these things do) I didn't notice that he was turning left until a split second before I went past him.

big-all · 16 Aug 2011

one tuther bit off both ??
no witnesses ??so probably knock for knock

any security cameras??

Deluks · 16 Aug 2011

No witnesses as such, or cameras. He had wifey in his passenger seat.
I had me old man, but he was

a fag at the time.

big-all · 16 Aug 2011

well you will know there general attitude
if its amicable then one off those things
if not we where side swiped by by the van wandering out off his lane

wotan · 16 Aug 2011

If you were following a car indicating to turn left,and he duly did so albeit slowly, how could he scrape your drivers side? unless you passed on the inside, which is wrong.

In the case of uncertainty it's prudent to stop and let the other car complete it's manoeuver.
It' like overtaking a car turning right, out of order.

Wotan

jezsherwood · 17 Aug 2011

I'd say if you were overtaking in single lane then you were on the wrong side of the road therefore the onus is on you to decide if it is safe to do so.

Seems harsh but sounds like because he was going slowly you passed in frustration instead of just waiting.
How did you know he was 'letting you past'?

Sorry, one of those things

Deluks · 17 Aug 2011

jezsherwood said:
Seems harsh but sounds like because he was going slowly you passed in frustration instead of just waiting.
How did you know he was 'letting you past'?

Sorry, one of those things

Indeed, but by the same rule, should he not have deemed it was safe to turn before doing so?
I don't know how or why he was so far out in the middle of the road when about to turn. Best practice is to stay tight to the kerb when turning left, and to check for bikes etc coming up on the left.

The only way to avoid this would've been for me to slam on the brakes for him to be able to turn left, but I didn't have enough time to react, was a split second.

Wotan: I did pass his inside, but I wasn't consciously doing so or attempting to swerve round him, I was just driving along the road, he somehow managed to get into the middle and indicate left. It's as if he, slowed down, pulled out to the middle, indicated and then just turned left w/out checking his mirror. Causing me to overtake him (without steering off course) then he shunted my side.

Tricky one this, still can't get my head round it.

Deluks · 17 Aug 2011

Suppose I could quote the highway code and see what happens:

"Use your mirrors and give a left-turn signal well before you turn left. Do not overtake just before you turn left and watch out for traffic coming up on your left before you make the turn, especially if driving a large vehicle.

keep as close to the left as is safe and practicable."

I would've had to slow down or brake considerably for him to be able to make that turn at such short notice.

jezsherwood · 17 Aug 2011

Fair comment but lorries hang right before they turn left and I wouldn't undertake one of them indicating left. Different thing all together I know.

He was for sure going down a side road and not into a drive? He'd need a swing to go into a tight left.

Also if he indicated and slowed right down then you passed you must have been far enough behind to notice this before passing so where did the 'split second and slamming your brakes on come into it'

In reference to the above if you had to slam your brakes on to miss him then perhaps you were too close? perhaps because he was going slowly?

Back to the first post, without witnesses or video I think 50:50 is the best outcome.

jezsherwood · 17 Aug 2011

By your own book it states

only overtake on the left if the vehicle in front is signalling to turn right, and there is room to do so.

This could be argued all day

seco services · 17 Aug 2011

Deluks said:
watch out for traffic coming up on your left before you make the turn, especially if driving a large vehicle.

Don't think that will wash.
Had exact same as you i was turning left into a school entrance took it wide/slow and a women came up the inside ended up pushing her into the railings.
she gladly collected a nice fine and points for unduecare.

I would've had to slow down or brake considerably for him to be able to make that turn at such short notice.

Then don't sit up their arse.

wotan · 17 Aug 2011

Seem to me you were going too fast, by your own admission, did not have enough time to react proves the fact.

Wotan

Deluks · 17 Aug 2011

Wasn't caning it, not sure of exact speed but would've been IRO 30-35.
So if it goes 50/50, that means he can claim for half of his from my insurer and vice versa?

jezsherwood · 17 Aug 2011

something like that and gets registered as a claim or depending on damage you might be able to agree to fix your own and not claim.

RedHerring2 · 17 Aug 2011

Let me see if I've got this straight?
You're driving along a two lane road, (One lane either way), the car in front is indicating to turn left and is slowing down, so you attempt to pass on the inside?

I think you're fortunate the other party didn't feign an injury and insist the police were called.

I think you should consider yourself lucky to lose just your NCB.

The other party might have been driving poorly or even erratically, but that's no excuse for your poor judgement.

Had a prang, who's to blame?

RedHerring2

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