Who's to blame?

[MidgeUK]

Last night I was involved in an accident.

I'm turning right on to the carriageway.

I have waited for all traffic to clear completely from the carriageway that I'm about to cross, the lights for this carriage way about 1/4 of a mile + away are on red so cars cannot come. I sit stationary in that carriageway waiting to be able to get into the other carriageway. I have my lights on and my indicator going, some traffic passes and finally a car flashes me to come out. I wait to make sure the car is stopping for me, I was about to take my foot of the break and a car has comedown the carriageway that I'm already sitting in not seen me, swerved into the oncoming traffic to avoid me and then to avoid the oncoming traffic has pulled back into the lane I am sitting in and hit the side of me.

He has come from my right, swerved into the other lane and ended up hitting the passenger side of my bumper at some speed. I was completely still hadn't moved my damage is moderate his is a scuff on his passanger side wheel arch.

Who's at fault? If I had turned in front of him I agree it would have been my fault but I was already there and stationary, he has hit my passenger side not my drivers side and I was going right.

I was already established in my position blocking the carriageway that was clear.

Please help.

[milly143]

If he hit you then it's his fault. It doesn't matter where you were positioned, the insurance company will see it that he was unable to control his car.

[noselittle]

Him, driving without due care and attention!

[MidgeUK]

Just to confirm, I have come from a minor road and are sitting across the one lane of a major carriageway, which as stated before was completely clear when I entered the carriageway.

[milly143]

It's still his fault. You could be stopped sideways in the middle of a motorway but if someone hits you, it is always their fault. In the eyes of the law/insurance company, they should be driving at a speed and distance with enough attention to be able to control their car in the event of the unexpected, ie another car in the middle of a carriageway.

[lucyp]

Something similar happened to me, and the police said technically it was my fault, because although at the time I pulled out halfway to turn right it was completely clear, I was still in the middle of the road. The car from miles away swerved round onto the other side of the road and managed to catch his nearside rear door with my front bumper. The road was empty when I pulled out half way, but it was still my fault, as I was 'blocking' the road and shouldnt have been there! Not very helpful I'm afraid, but thats what I was told anyway.

[MidgeUK]

I have a witness stating that I sat across the lane whilst the other driver's lights were on red 1/4 mile away, also if I pulled out on him he would have damaged my drivers side or the front of my vehicle but it is my passanger side that is damaged.

[lucyp]

Sorry, I'm confused now. You are saying that you both have damage to your passenger side? I cant see how thats possible. Has he 'undertaken' you to try and avoid you?

[MidgeUK]

Yes, I sat stationary across the main carriageway, which I entered when it was totally clear, traffic was at red traffic lights 1/4 of a mile away, I sat stationary here for 2-3 minutes and was still stationary when the other driver hit me, the person who hit me, went into on coming traffic and then moved back into the correct lane to quickly and therefore hit my passenger side of the bumper, headlight etc. His damage is to his passenger side just by his wheel arch all it is, is a mark from my bumper where he has scraped up it, most of my damage has been caused by his front passenger wheel to my front passenger side.