Car accident

[Tycally]

Hey they just after a little advice. Was driving home in a 40 mph speed limit when a car decided to pull out of a drive way from behind a bricked wall giving me about 20 meters to avoid him. I tried my best to avoid him buy slamming on my breaks and trying to swerve but unfortunatly I ran into the back of him just as he straightend his vehicle up.

I believe it is a driving offense to pull out infront of someone causing that person to break, would I be correct?

The driver that pulled out said that it was my fault because I went into him. I was like are u mad how am I ment to stop in a about 10 meters at 40mph.

Am I right in saying it is his fault?

Any advise or comments would be appreciated. Many thanks

Ally

[tamborine]

He is at fault - reckless driving - for turning into highway of oncoming traffic without due care and attention. He also misjudged speed of traffic.

nb: check highway speed limits for an accurate claim against him. cheers!

[woozer]

The person who pulls out in front of oncoming traffic is at fault - and yes it is an offence to do so but.................
Your problem is that you have hit the TP in the rear. From what you say it is unlikely that he will tell the unvarnished truth and unless you have an independent witness any claim will go against you because the convention is that the person who is hit in the rear is not at fault.

An indpendent witness is someone you do not know - so although passengers in your car may support what you say their testimony will be regarded as biased and given very little weight.

Speed - this can rarely be used as a defence or as a blame factor unless you had a device for measuring speed that was operating at the time of the incident.

I hope the guy you hit is honest - good luck.

[123everton]

Was it 20 metres or 10 metres stopping distance?
You can demonstrate the fact that he pulled out on you by showing that he lives in the house he pulled out of, or by demonstrating that he is related to them in some way.

[Tycally]

Thanks for the advice, spoke to my insurance company and they Believe he is the person at fault. Guess I just have to wait unroll my insurance company speak to his and find out his story. Well surely even if he makes up a story about something, doesn't the fact that he pulled out in front of me just go againt him even if I was doing 1000 mph. The annoying thing is that the road was clear behind me. If only he had waited 5 seconds.

Cheers ally

[Tycally]

I went to the police station to report it but they wanted nothing to do with it. There will be a record of me going to the police station to report it even if it is CCTV in the police station so that may go in my favour. I live in a small town and I guess because it was at night they had little staff on and could not be bothered to deal with me at the time they told me that I needed to speak to my insurance company.

[tamborine]

Trusting your statement...the fact the accident happened yards from the road he approached from and the clearness of visibility etc will be adjudged by a magistrate. Even if you hit him in the rear does not make you liable. Your insurance company may leave you to fight your case in Court - worth doing 'cause if you win (you will) the insurance company send you ££s bonus & keep premiums down etc.

Look after your insurance company & they respond likewise.

[Tycally]

went to the police station like 30 mins after. They didn't take a statement or anything from me said I was wasting my time and I needed to speak to my insurance. I guess all I can hope if that the lady I spoke to remembers me going in.

But surely If he admits pulling out infront of me then he is at fault no, how else would his car of got there.

Well I guess all I can do is wait to hear what the insurance company say.