Whose Fault was it?

[fairy-dust]

Hi, I'd like to ask other people's opinion on my problem. A few months ago, I had a small accident. I was waiting at junction to main road and due to cars being parked up obstructing my view- I had edged out so I could get a better view. Seeing cars coming, I waited until I could exit. One of the cars that passed me, clipped my front bumper. I rang my insurers to report the incident. They said it was my fault and that they would have to pay out. But I don't believe it was and I'd like to write a letter of complaint. The other party are now claiming personal injury and so my insurers are fighting it. They sent someone round to take a statement from me and he said that it wasn't my fault- but my insurers are still arguing that it was. Just wondering if anyone had any thoughts on the matter???

[wendilla]

Sorry can't help but if you don't get replies here try posting in the new INSURANCE section Hope this helps.

[fairy-dust]

cheers :) new to this website- think i'll re-post it now :)

[jake-the-peg]

Sorry but I'm pretty sure this is your fault because you were enterring a main road.

I know it seems unfair and this happens to lots of people all the time but it's your responsibility not to put your car in the path of another if you can't see that it's clear you shouldn't pu it there.

For what it's worth a very similar thing happened to me some years back - I don't think you'll win this.

Who's fault do you think it was?, presumably you don't think the other person that hit you was driving dangerously - you haven't said so, from their perspective they were driving along a main road when someone pulled out infront of them.

[Reverandfunk]

You pull out in front of someone from a side road and they clip/hit you its your fault no matter what the circumstances

[someonesgirl]

i would say the fact is they hit hit you...how else are you supposed to check if its clear? you were stationary and they hit you.....their bad...

[Reverandfunk]

If someone pulls out in front of you from a side road and you clip them, it doesnt matter about the circumstances the fact is that you pulled out in front of them.

Like running into the back of someone and saying they braked suddenly.

[someonesgirl]

but she didnt pull out.....did you?

[Reverandfunk]

She did pull out/edge out so she was partially in the lane of a main road. A car clips her because of this it is her fault out, pulling out onto a main road.

[fairy-dust]

nope :( I was waiting for a gap. Other cars had passed me with no problem. the way i see it, supposing I was a parked vehicle and they had broken my wing mirror??? ould it of been my fault or theirs? seriously he only damage done was a scuff mark on my bumper! they had a slight mark down the side of the car!

[someonesgirl]

but if she was still and waiting for a gap then surely it cant be her fault? how is she supposed to see otherwise? I hate it when theres loads of parked cars in the way.....im sure i would have done the same thing...

[jake-the-peg]

You said "I edged out so I could get a better view"

Were you over the white lines at the juction? If so it's your fault.

[Reverandfunk]

Thank you jake

[fairy-dust]

yeah, my front end was just over the white lines- the sign at the junction is a give way sign

[Emu2005]

Hmm i reckon technically it's your fault as you were over the white lines, but i don't think it really was. I had an accident pulling out so I could see as there were parked cars in the way - it's very frustrating - in my case the cars were parked illegally close to the junction, I accepted the accident was my fault but told the police to get these cars moved/ticketed, surprise surprise nothing was done. In your case - if he scraped the side of his car (not the front), that makes it sound like he did get past but then moved so as to hit your car with the side of his, so he could have prevented it. Don't know if you'll have any luck fighting this but I would definitely give it a go, your insurance company may waive your excess or something as a good will gesture.... Good luck anyway :-)

[Ethel]

Your insurers would not be saying it was your fault if there was any way they could say it was the other party's fault.

[Reverandfunk]

Because it was a while ago they will look at the very basic facts:

Were you over the white lines? Yes

Therefore if you were in the carriageway the car in question had to clip you to avoid going into the other lane (which may or may not have been oncoming traffic).

From an insurance point of view no matter what the mitigating circumstances were they will have it down as your fault.

[Reverandfunk]

If the other car has marks on its side that would say to an insurer that you pulled into the side of him so there was no way the driver of the other car could have avoided you.

If there were marks on his bumper that would suggest that they hit you but again it all comes down to you being over the white line in in the carriageway sorry!

[bednobs]

i would say definately your fault

[Hammer]

I say it's the other driver's fault. If you had edged out just enough to see, and other cars had passed you safely, AS LONG AS YOU WERE STATIONARY AND DIDN'T EDGE OUT ANY MORE, then it's not your fault. A stationary car cannot be blamed for being hit. The other driver should have left enough room to get past you, or stopped if there wasn't enough room. Trying to prove this is a completely different matter though, and I don't fancy your chances.

[Reverandfunk]

Hammer following your logic I could edge out halfway onto a main road and its down to other drivers to avoid me?

I dont think so lol