If I entered a major road from a minor road and a car hit me is it my fault?

[tanyalee]

I was pulling out and turning right from a minor road onto a major road, however, my vision of the road to my right was blocked by a lorry parked in a bus stop/lane (not displaying hazard lights or indicating). Due to the position of the lorry I had to pull out quite a distance to see wether the road was clear. Unfortunately as I did that a car came out of no where and grazed passed my bumper which somehow resulted in the driver rolling his car and continuing somewhat up the road upside down!!!! Luckily, the driver was unhurt....and my car sustained very little damage, however, the other car (as you can imagine)was in a mess! The leading policeman, said no one was to blame! And the fireman and woman on scene said that i had little choice but to proceed as I had done, they also said that the lorry should not have been there! So, the big question is....... is it my fault??? As my insurance company said that from experience any driver entering a major road from a minor road who then collides with a vehicle is a essentially at fault.....

[smee.tracey]

Morally no. I have the same problem in my village. Big lorries park and we have to get round them. But for the Grace of God and all that. I hope you had the lorry's details. If it was illegally parked, which by the sound of it, it was, YOU have a pretty good insurance claim. I hope everyone was ok

[Grunty]

There seem to be 3 prima facie offences.  The lorry parked in a dangerous position.  The car driver was unable to stop in the distance he could see to be clear (driving without due care).  It could be said that you were also at fault, but if I were a lawyer, I would rather defend you than prosecute.

[Loosehead]

Generally pulling out in front of someone automatically makes it your fault. You do have mitigation in the lorry situation though so the IC's  will argue the toss on that one. 

[jake-the-peg]

Even if the lorry was parked illeagally I don't think that makes him liable.

As said in this circumstance you are essentially at fault. I think your only chance of avoiding liability is if you had an independent witness saying that the other party was driving without due care.

Happened to me about 5 years ago I think it's not uncommon. I fear you'll just have to take it on the chin, I doubt chasing it through the courts would be profitable and your IC won't be interested in arguing over a small claim like this sounds to be.

I think you'll just have to chalk it up to experience

[Cockney_si]

I am wondering the about the speed limit on the road you were pulling out onto?

If it was a 30 zone then there ahould have been no worry but how the b***** heck did the other car manage to roll over, it takes a heck of a lot to 'lose control' in a modern car, let alone roll over.

[jno]

you probably shouldn't try to persuade an insurance company, or a court, that a car came 'out of nowhere': it came out of somewhere, and you didn't see it. That's a phrase that courts sometimes interpret as 'I wasn't paying enough attention', and you should try not to use it. Just explain, as you have above, that your vision was obscured by a parked truck  (if it was illegally parked that may also be relevant), you drove as cautiously as you could under the circumstances, and, short of staying stuck in a side road forever until the truck moved, you don't believe there was anything else you could have done to avoid a collision.

[Gef]

I think cockney makes a good point here. I often have to creep out onto the main road (30mph) because of illegally parked vehicles obscuring my view. Once a vehicle travelling within the speed limit sees me there is no problem. More often than not they stop and let me out. I think that the vehicle which hit you must have been speeding or not looking.

[Ducati]

It does not matter one jot whether he was speeding or the lorry was parked illegally I'm afraid: as far as the insurers are concerned, it was incumbent upon you to ensure your way was clear to turn right - as an accident has occurred it means the way was not clear, and therefore the accident was your fault.

 

Yes I know this is harsh, but these are the facts.

 

As previously mentioned, you'll just have to chalk this one up to experience - these things happen, its why you are conscientious enough to buy insurance (many many people don't - latest figures from the ABI suggest 1.5 million people don't!).

[Mike10451045]

I have had this type of accident in the past and it went to court costing �17,000 of my own money only to be told by the judge it was clearly joint fault I had my costs paid by the other driver and I paid his or should I say the insurance did. If I had of been found to be a fault I'd have lost my money. I would listen to the advice of your insurer.

[Fish the Mod]

As a driving instructor in London, this is a hassle every day but as Cockney and a few others have said, it is up to you to make sure it was clear and it was you that pulled into the path of a on coming car. I think the fool was driving to fast...just say it was clear at the time you left the junction..dont mention the lorry blocking your view.

[mandyxx]

this happened to me. i was coming off the minor road into the major road, a vehicle was coming into the minor rd i was on ( i was headed straight across, its a 4 roads junction) due to narrow road i had to move forward before the other vehicle enters the road i was on, so he stopped and called me thr, another vehicle stopped behind of him as well. I was already 3/4 of the was into the major rd practically into the rd straight across of where i was coming from and this van over took the 2 vehicles and tried to swerve to the front of me and contacted my right side of the car and the tray of his van dragged me onto the pavement and he completely spin around and faced the direction he was coming from... He is at fault but these insurance companies has their own stories, whats anyone's take on this?