Accident liability question

bobble09

i'm still a little shaken up as i was involved in a minor accident earlier. Nobody was hurt thankfully. I am new to driving and have no experience of dealing with insurance companies etc.

I'm driving on a learner permit, was unaccompanied at the time, which i know is against the law, adding to my worries, but was really only popping to the shop. My car is a 1.6 sports car so i had difficulties getting it insured in the first place but eventually found an affordable premium with higher excess.

The accident - drinving into a housing estate i was turning very slowly around the left corner and the third party was trying to make a right turn. I went into the side right hand door, by right of course i should have stopped as he seemed to be stopped at that stage, although he was a little more to the right hand side of his road.

There was a fair bit of damage done to his..big dent in the doors, scratches etc. Mine is ok..will pay to fix scrapes myself


He said he'd ring his insurance company, gave my number. I'm just wondering what is the best thing to do in this situation? Worried about the cost of the damage but will fork out as i don't think i have a leg to stand on with insurance company..and premium will shoot up

Thanks

Barr

If he was turning right the tp would be found liable

Heroditas

Were the Gards called?

bobble09

thanks for the replies. Yeah he called the guards but the guard apparently said to just contact the insurance company, resumably because it was minor.

Yeah i thought that, it is quite a tight estate and i did think he was far too near the centre of the road although he would need to be to get by some of the parked cars.

I feel responsible because i am the learner driving unaccompanied and my reactions were slow when we were about to hit. On the other hand i don't want to roll over too easily. i was pretty quite while they reacted quickly with photos etc and saying that i should have stopped

PCPhoto

did you take pics ? or did they take pics - if they took pics - could you ask them for a copy...for your own records !!

I guess you will probably have to shell out a fair bit - I would avoid going through insurance company if I was you ..... you think your premium is high now ....wait till after a claim. (and a couple of years after that)

if you think you are in the right (he was on your side of the road)..... then contact a solicitor and maybe get them to send a letter..... could frighten him/her to think twice before claiming you were completely at fault (especially if the pics show him/her on your side of the road)

bobble09

PCPhoto wrote: »

did you take pics ? or did they take pics - if they took pics - could you ask them for a copy...for your own records !!

I guess you will probably have to shell out a fair bit - I would avoid going through insurance company if I was you ..... you think your premium is high now ....wait till after a claim. (and a couple of years after that)

if you think you are in the right (he was on your side of the road)..... then contact a solicitor and maybe get them to send a letter..... could frighten him/her to think twice before claiming you were completely at fault (especially if the pics show him/her on your side of the road)

i took three picks, they actually favour me, so it would be their word against mine i suppose. I gave them my insurance details, for them to contact if i don't return calls.More or less accepted liabilty without saying it. If they were to contact my insurance company would it effect my insurance even if i didn't claim? The thing is they were stopped so not sure i want to go down the road of solicitors letters etc. they were adamnent they were right

Barr

Doesen't matter that he was stopped , you would have had right of way on the road . Im sure ur insurance company will deny liability on your behalf.

bobble09

Barr wrote: »

Doesen't matter that he was stopped , you would have had right of way on the road . Im sure ur insurance company will deny liability on your behalf.

My left turn could have been closer to the kerb. If insurance co denied liability on my part would it be different to actually placing a claim ie can you consult with insurance company without it effecting your premium? Silly question probably but day that's in it they won't be back open until monday and don't want to put my foot in it with third party tomorrow

Seth Brundle

bobble09 wrote: »

The accident - drinving into a housing estate i was turning very slowly around the left corner and the third party was trying to make a right turn. I went into the side right hand door, by right of course i should have stopped as he seemed to be stopped at that stage, although he was a little more to the right hand side of his road.

Firstly, be thankful that nobody was hurt.
2. you were going slowly - how did you then manage to hit them?
3. are you saying that you could have stopped but didn't?
4. hie was "a little more to the right hand side of his road" - was he on his side of the road then and you crossed onto his side?

Given what I'm reading, you were entirely at fault.

As for barr's comment about him being liable even if he was stopped - if he was stopped then he was like any parked car - if they are stopped then other drivers (especially those driving slowly) should be able to avoid them.

bobble09

kbannon wrote: »

Firstly, be thankful that nobody was hurt.
2. you were going slowly - how did you then manage to hit them?
3. are you saying that you could have stopped but didn't?
4. hie was "a little more to the right hand side of his road" - was he on his side of the road then and you crossed onto his side?

Given what I'm reading, you were entirely at fault.

As for barr's comment about him being liable even if he was stopped - if he was stopped then he was like any parked car - if they are stopped then other drivers (especially those driving slowly) should be able to avoid them.

I didn't react quickly enough I 'm afraid and that's why i do feel i'm liable, I misjudged the space between us

What i meant by your question four was that I was turning left into a road in which he would have been on his left and my right, but on such a narrow road he should have made more room for anything oncoming ie be further to his left, unlike when on a bigger road if intention is to turn right you move to the right centre of the road

slimjimmc

You turning left off a road into a housing estate.
Him turning out of housing estate onto road into same direction you came from.

Was there a white line in the middle of the road on the housing estate side of the junction?
Did he cross it as he made the turn?
Did you cross it as you made your turn?

The reason I ask is because some experienced drivers tend to cut corners and some experienced drivers tend to swing wide.

Where did the actual point of impact occur ..
a) while you were still on the road just before turning into the estate, or
b) after your front wheels entered the estate.

If pt. (a) then he may be to blame because he failed to yield to traffic when entering a road and effectively drove into the path another vehicle.
If pt. (b) then you're most likely to blame for the same reason as pt (a) above.

Of course as I didn't witness the events, I'm only speculating.

bobble09

slimjimmc wrote: »

You turning left off a road into a housing estate.
Him turning out of housing estate onto road into same direction you came from.

Was there a white line in the middle of the road on the housing estate side of the junction?
Did he cross it as he made the turn?
Did you cross it as you made your turn?

The reason I ask is because some experienced drivers tend to cut corners and some experienced drivers tend to swing wide.

Where did the actual point of impact occur ..
a) while you were still on the road just before turning into the estate, or
b) after your front wheels entered the estate.

If pt. (a) then he may be to blame because he failed to yield to traffic when entering a road and effectively drove into the path another vehicle.
If pt. (b) then you're most likely to blame for the same reason as pt (a) above.

Of course as I didn't witness the events, I'm only speculating.

It was within the estate already..both roads we were on would have been of equal importance and there were no white lines. If i had stopped before impact we both would have had to reverse and move closer to our respective sides

I was turning at the point of impact and he had just about stopped..i stopped at impact..looking at the pic i have, my front wheels were further into the turn than his were at impact

Seth Brundle

I still feel that you were entirely at fault!

slimjimmc

kbannon wrote: »

I still feel that you were entirely at fault!

Unfortunately OP, I have to agree with this opinion.

Either you swung out too wide while making your turn or there wasn't enough room for both cars in which case you should have waited for the other car to move on. The importance of either road doesn't matter in this situation; you were turning onto another road so the responsibility is on you to yield to any traffic on that road, especially if the other car was too close to your side.

Perhaps all this could have been avoided if you had an experienced driver with you, there again perhaps not, so we'll leave it at that.

New doors, respray and hire car won't be cheap so it's a hard (and expensive) lesson but hey, every has lived to tell the tale which is the most important thing.
Learn from it and move on. Just make sure you get out driving again soon (accompanied) to build your confidence back up.

Henry Ford III

Seems to me that OP was at fault. The first mistake was to drive on a learner permit unaccompanied.