Is this completely my fault?

Insurance_Help

Hi,
I'm an 18 year old male who got in an accident yesterday while driving my mother's car. I was turning right to cross over a bridge and the other driver was coming straight on and continuing straight on out the road from which i had come. I accept that if these were the only facts, I'd be blatantly in the wrong.

However, the other driver was after swerving into the left and onto the junction, which looked like she was going left and driving over the bridge. She then cut back out, drove over a marked non-driving area, and tried to rejoin the road which I was on at the time. During this time I was checking my mirrors and attempted turning into my lane. I looked up and saw her coming towards me, and jammed on the brakes. I'm not sure did she brake as i think my car may have even went backwards. This all happened within about a second or two, as that non driving area separating the two lanes is about 6 or 7 metres long.

It is evident from the position in which her car ended up (and I have pictures to back it up), that she had cut out and back in, and was in fact, still on the junction at the time of the accident. When I got out of my car she was very quiet and barely even opened her door. She then asked me to phone the guards as she said her phone was dead. Afterwards however, i saw her holding a phone in her hand in the car.

Afterwards the gards arrived and took details, breathalyzed us, etc. The other driver had to be taken into an ambulance, and later to a nearby hospital, to check out a chest injury that she sustained from hitting her chest off the steering wheel, suggesting that she wasn't wearing her seat belt. From what I've heard from the ambulance crew last night and the insurance today she's okay, thank God.

I called the insurance this morning, and their take is that I'm more than likely going to be found at fault because I was the driver turning right.
The insurance company phoned the woman involved this morning and she's claiming that I didn't indicate that I was turning right. This is 100% untrue however, as I religiously use my indicators when turning.
Furthermore, how could a driver who turned and drove in a non driving zone have been paying that much attention to my indicators?

Thanks a lot if you've made it to the end of this post. Basically, what I'm asking, is if I have any ground to stand on with regards insurance, as it looks like I'm going to be held 100% responsible, even though the accident was far from being solely my fault. I'm not saying that I should get compensation from her, but I don't think that I should take all the blame for this.

Would it be worth meeting with a solicitor to see where I stand?

Also, if there is a claim, how much is the insurance likely to rise come renewal time?

djimi

Can you show a link to Google maps or something that shows where you are talking about? Preferably with road markings etc. Im not really sure that Im visualising what happened tbh.

Insurance_Help

The red arrow is my car, the blue arrow hers, ad the black box is the approximate position and angle of her car. http://imgur.com/kKuOIGV
Please just follow the link because I don't know how to work the image tags.

_rebelkid

Fixed Image

Days 298

_rebelkid wrote: »

Fixed Image

Bloody horrible place by the Mardyke. Youve learnt the hard way to trust no one. Bollards should be put up to force drivers to commit straight on or turn left. Link on google maps http://goo.gl/maps/R3C3H

corktina

All you can do is report all the facts to the Insurance Company as you have us.
Have you any photos at the scene to prove the accuracy of those arrows, as if you have it does seem that the woman collided with you after you had made the turn.
Was she indicating left?

edit :I se you have pics, that's good

ABajaninCork

Is that the Mardyke? I drive round there frequently. It's an awful junction, but it does look as though it's your fault OP. Cars coming up to that junction more often or not, do turn left to go towards UCC. You're supposed to indicate if turning left (there's a sign up telling you to do so), but I must be the only mug who does. I've NEVER seen anyone indicate to turn left - they just go. I reckon half the time, drivers don't even check for traffic coming from your direction! :mad:

I think you should have waited to see what she did before making that turn.

djimi

Who hit who exactly? Either she hit the side of you as you started to turn (in which case it would be her fault), or you hit into her as you turned, which suggests to me that you werent paying attention to where you were turning into, as you should have seen her going straight well before you turned.

_rebelkid

ABajaninCork wrote: »

Is that the Mardyke? I drive round there frequently. It's an awful junction, but it does look as though it's your fault OP. Cars coming up to that junction more often or not, do turn left to go towards UCC. You're supposed to indicate if turning left (there's a sign up telling you to do so), but I must be the only mug who does. I've NEVER seen anyone indicate to turn left - they just go. I reckon half the time, drivers don't even check for traffic coming from your direction! :mad:

I think you should have waited to see what she did before making that turn.

You're not the only mug who indicates Junction is horrendous. Have had quite a few close calls there myself. (even saw a fiesta pull out infront of a marked Garda car, and was swiftly pulled over )

I'm friends with the OP outside of here, so I'm keeping quiet on this one.

corktina

Sunday's Well straight ahead...the Mardyke is off to the right...(It's the old tram terminus for fellow anoraks)

Insurance_Help

djimi wrote: »

Who hit who exactly? Either she hit the side of you as you started to turn (in which case it would be her fault), or you hit into her as you turned, which suggests to me that you werent paying attention to where you were turning into, as you should have seen her going straight well before you turned.

I was just making the turn as she appeared, front right sides of both our cars hitting each other.

Skatedude

proof is all that matters, what can you prove beyond a shadow of doubt to your insurance company and possibly the guards. What you know happened or believed happened is not relevant. Sucks but that is the case.
I would strongly recommend fitting a dash cam behind the rear view mirror. Once fitteed, you can forget about it till you actually need it, hopefully never

djimi

Insurance_Help wrote: »

I was just making the turn as she appeared, front right sides of both our cars hitting each other.

How did you not see her coming down the road?

TheChizler

Insurance_Help wrote: »

The red arrow is my car, the blue arrow hers, ad the black box is the approximate position and angle of her car. http://imgur.com/kKuOIGV
Please just follow the link because I don't know how to work the image tags.

That's funny (not the situation), I was visualising this junction when trying to understand the OP. The Lee Road/Sundays Well Road is the main road there, the bridge junctions on to it. Therefore anyone coming from/going across the bridge must give way. It sounds like you cut off somebody going straight who had right of way. However there is a 'slip' painted on the road for people going across the bridge, there is a yield sign at the end of this, which means people turning right across the bridge from the lee road have right of way over those turning left from Sundays Well. If the person coming against you had indeed swerved left as you say and ended up in the area marked for turning left, they would have had to give way to you. See if the cafe on the corner or flower shop have CCTV covering the road, doubtful though. Also if they were in that left turning lane but coming at speed it would have been very risky for you to proceed turning right, so that might affect things.

Short version, figure out if they were in the 'slip' for turning left that must yield.

SleeperService

Wellington bridge cork. Plenty of accidents there.

If she lies through her teeth then youll be in the wrong. Very easy for her to make out that you swerved across her. Hard to say without independent witness really - if her shimmy was subtle then maybe you jumped the gun a bit. If she made a mad swerve and someone saw it and will back you up then you should be ok. (caution - common sense may not apply to in insurance decisions) I dont think garda statements mean anything in these things.

TheChizler

If your picture is accurate I can't really see how you would be at fault, as she would have clearly been in the lane for turning left (you have right of way) and not at all in the straight on lane (she would have had right of way). Unless she was going very fast and was clearly not going to stop I can't see how any blame could be apportioned to you. Could you draw the lines again? This time on a satellite view as opposed to street view?

Insurance_Help

djimi wrote: »

How did you not see her coming down the road?

Saw her head left, checked my mirrors, then saw her come out as i was turning. In fairness, it all happened within a second or two, so i had hardly any time to react.

Janedoe10

Rotten look OP but yes I'm with the other poster here check if the flower shop Or cafe has CCTV . As that may cover the area where it happened .

ironclaw

I'd say it won't go in your favour OP. The other driver was proceeding straight on, doesn't matter how they got there or where you thought they were going, and you moved to turn right and hit them. You might have a case if they hit the side of your car, but by your drawing you went square into the side of theirs. Like any junction, if your cross on coming traffic, they have right of way and you should only proceed when clear.

If in any doubt, just stop and wait.

sawdoubters

if she crossed over the white line she was at fault,she should have turned left
was she going left did she signal left,if she was going straight on and only crossed the lines to avoid you(never admit guilt in an accident your insurance can deny your claim)if she was turning it was her fault also did she have the phone in her hand,when you went to the car,she could have been texting and not noticed you,let insurance company figure it out,dont need a solicitor unless you get charged for reckless driving,


you could say she was speeding as she covered a lot of ground fast,using her phone

Insurance_Help

sawdoubters wrote: »

if she crossed over the white line she was at fault,she should have turned left
was she going left did she signal left,if she was going straight on and only crossed the lines to avoid you(never admit guilt in an accident your insurance can deny your claim)if she was turning it was her fault also did she have the phone in her hand,when you went to the car,she could have been texting and not noticed you,let insurance company figure it out,dont need a solicitor unless you get charged for reckless driving,


you could say she was speeding as she covered a lot of ground fast,using her phone

I'm not going to lie and say that she was definitely using her phone since I'm not 100% sure that she was, just the fact that she said it was dead when later I saw that it wasn't seemed a bit odd to me, that's all I was saying. I'll give the insurance another ring tomorrow. Thanks everyone for their contributions.

TheChizler

When submitting the report form, be sure to include a print out of the junction with lanes clear and paths taken and vehicle positions clearly marked.

Days 298

Id say 50/50 would be the fairest outcome. Both at some degree of fault.

kooga

****e junction, have to be so careful there some of the tools that turn left there coming down sundays well don't realise they have to stop for traffic turning right from the lee road.

was she indicating to turn left?

while you describe her driving style as being awful.......you are in the wrong, and unlucky.

Sheldons Brain

It seems to me that the precise position of the cars at the point of collision is important, as it may illustrate whether the person came over the hatched island or not.

Slick50

Unless you have witnesses, or some video evidence to support your version of this accident, you are going to find it very difficult to have any blame apportioned to the other driver. You were on the wrong side of the road, at the point of impact. She wasn't driving that fast, judging by the position you outlined as where she came to rest, or she would have careered further.
Just put it down to one of life's (harsher) lessons, if it doesn't work out. At least no one was hurt.

Red Kev

Contact your insurance company, send the min everything. They should get an assessor out to look at any damage. If you get a good one with a few years experience they can sometimes determine the position of cars at the time of impact, or indeed if one was stationary or one was moving. Did the Gardai take any measurements BTW ? These might come in handy as well.