who is at fault?

[mrblueboy]

I was recently in a car accident and i am sure i was not responsable for the crash. I would like to hear your opinion as to whom you think is responsable? I was waiting behind a stopped car at some traffic lights when i decided to change lanes. I slowly edged on and then came to a stand still locking behind me to see if anyone was coming. The lane was clear so i edged out and stopped. Then suddenly a car which was in the lane to turn right changed his mind a pulleed into the lane that i was in. He hit my driver door and he has sustained damage to his front bumper and wheel passanger wheel arch. I would like to add that the driver that hit me was travelling very fast at the time. He was surely driving faster than the speed limit. He was in the car by himself and me and my sister were in my car and we both feel it is his fault. Please can you reply to advise me as to whom you think is responsable. Thanks.

[Catso]

From what you say, it sounds like you weren't at fault. But mere descriptions can be deceptive!
If you pulled out into the path of an oncoming car then you were at fault. If you were already in the other lane, and stationary, then the other driver is at fault.
However, I'm not an expert, and the insurance companies are; they will argue it out.

[pagey]

If you convince the insurers/police that he was driving carelessly or without due care and attention (as his excessive speed would imply) then it can be seen to be the second driver's fault.

If the first driver pulled out infront of a car that was already in that lane (albiet partially) then he may be the one at fault.

I personally think you would need more info re when the second car started braking, how far he was into the lane, whether the crash was partially due to his excessive speed etc.

In many instances, however, insurance companies will agree on shared fault.

[jno]

calculating the speed of other vehicles is a notoriously tricky business; we all tend to underestimate our own speed and overestimate others'. If you have some sort of evidence, fine; otherwise I wouldn't rely too heavily on this when making your case.

[leadan]

I pulled out on a roundabout when it was clear, and then a speeding car came from no where, didnt stop to look and hit me. It was his right of way, but i felt that he was speeding, and i would have had plenty of time to pull out otherwise. My insurance company told me that his speed was irrelivant and as it was his right of way it was totally my fault.