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Are we at fault?

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Mel38 | 15:27 Mon 03rd Nov 2008 | Motoring
22 Answers
who's at fault? We were waiting at a steep junction to pullout & turn right & had to edge forward slightly to be able to see traffic coming from the right. As the houses had very high garden walls. A line of 4-5 cars were appoaching from the left so we were stationary. A car came from the right & screeched to a halt into the front of our car. We asked the woman driver if she was ok & she was. We asked if she wanted the police called and she said no.She stayed in her car & asked us not move our car. The driver rung her husband & when he arrived he told us that he wasn't bothered about his car because it was a "banger" & he was not paying for ours as it ws our fault.There was slight damage to our car (a 53 plate Laguna) & none to the other one( an 'R' reg clio). He was very cocky in his manner as if it was nothing & we were idiots. He said we could go through the insurers if we wanted to but it would be pointless as we were at fault because we were over the white line & in the highway. This is a village in South Wales & these bad junctions are everywhere. It is a common occurence to have to pull out a certain amount to be able to see what's coming. Is this man correct? A young woman was walking down the hill behind us & said she would stand witness that we were not moving when the car hit us. Only helpful answers please not criticisms as I had from someone earlier. I am new to this forum.
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You were at fault - you crossed the line on to oncoming traffic and stopped on the road when you couldn't see if it was safe to do so.

Your witness could not have seen enough to be of much use as she wouldn't have been able to see round the corner at the time of the accident. Saying you were stationary at the time is of little help to you as you should not have stopped across the white line.
It sounds to me as though the other party was at fault, especially as she had to "screech" to a halt. If the accident is as you describe, then she was obviously going too fast and not reading the road correctly. She hit you. You did not hit her.

I would go through my insurance if I were you. Why would the other driver tell you NOT to go through your insurance? That is your decision.

Good luck.
If she were driving that fast there would be a lot more damage.
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Hi Ethel, We were stationary. She skidded into us as she slammed her breaks on and slid down the road because she was driving too fast.
THANKS THO Iseblue.
Turning right at crossroads is always difficult especially at busy times.

I always pull out into middle of road and wait for traffic from left to let me out.


You would be there all day otherwise.

With the car being stationary I would say the other driver was a bit of a dope not reading the situation.

Even drining without due care and Attention.
I'm not talking about the speed at impact. I am refering to the speed the other driver was doing BEFORE she hammered on her brakes (the car could have been nearly still at the time of impact).

Like I said, let your insurance sort it out. Thats what they are there for.
Give the name of your witness to your insurance firm, let them sort it. Adress also.

There are countless occas ions when you have to stop in middle of road,
Question Author
When we stopped, we had to edge forward & there was only traffic coming from the left.This was clear as one car was crossing our path as we stopped & more followed. The road to our right was clear at this point. We were waiting in full view and she was obviously gong too fast. It turned it wasn't her car either as she had left her lights on all night & had to use her husband's work "banger" as he put it. He thought it was all very amusing.
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I was genuinely thanking you Iseblue the comments were for Ethel :-( sorry for misunderstanding.
At its simplest. You were stopped, she ran into you, her fault.

It is not so black and white that you should not be in middle of road, if that were the case nobody could drive anywhere.

I am sure your insurers will sort it.
Disputes like this are usually 'knock for knock' they pay their damage and you pay yours.

Involve your insurance company.
Question Author
Thanks Doc.Spock.
It took an alien life form to realise what I am trying to get across. Thanks.

NO HARM INTENDED BY THIS MIND. JUST GOING ON YOUR USERNAME.
more against other driver.....the case would be heard between the vehicle owners. Carte blanche for you to claim her excess speed as her OH would have to disprove that, somehow.

Wasn't the alien life form Mr. Spock?

Dr. Spock was a child specialist I believe.
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ask yourself this question.what if your car had been someone standing there to cross the road and she hit them whos fault would it be,or if youwere not moveing ,and were stationary like a pedestrian whos would you say was at fault.? or what if it was a horse rider in that possition .It would be read that she hit them..what if you had broken down in that possition with these questions in mind,I think see ran into you.Why not just ask a traffic policeman for his oppinion ,from his point of view who would he look to blame.The police are approachable and will give you advice without looking for a prosecution.
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Question Author
Thank you all for your input. I spoke to Direct Line and they said that it would be 50-50 at worst and other drivers fault at best. As we were not moving and in clear view. She said she thought we were going to pull out. So, they say, she should have read the road properly if she had time to come to that conclusion. Thanks again. Not a waste of time to me. Needed to read some real people's opinions.
As for child specialist wasn't that Dr Suess??
Who cares whether Spock was a Dr? or Mr? He aint REAL :-0
Of course Mr.Spock is real, ask Capt. Kirk.
Dr Spock is the child care specialist and Dr. Seuss wrote childrens books like The cat in the Hat, Green Eggs and Ham and possibly The Grinch.

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