Crashed Me Pride And Joy

[Guest keith12]

I was just driving home from a classic car meet when a woman in a Nissan tino pulled out on me at a T junction, I hit her side on resulting in the front of my pride and joy being demolished.

She claims I had my indicator on turning left, even if it was but i don't know it was who is at fault, I personally think she was as you should never assume that it is safe to pull out. As anyone been in the same situation, and what was the outcome thanks Keith

 

 

Damage report to follow

[Guest keith12]

I was just driving home from a classic car meet when a woman in a Nissan tino pulled out on me at a T junction, I hit her side on resulting in the front of my pride and joy being demolished.

She claims I had my indicator on turning left, even if it was but i don't know it was who is at fault, I personally think she was as you should never assume that it is safe to pull out. As anyone been in the same situation, and what was the outcome thanks Keith

Damage report to follow

[Joel]

Ouch

Has it damaged the chassis?

[Guest Tim Norman]

I'm with you on the blame thing. She has pulled out on you. Her fault. Thing is insurance companies now don't even ask for pictures and things they just battle it out between themselves with the drivers usually coming off worst.

Is there any structural damage or is it just a new nose cone. Gingerfix may be able to get you one cheaper than GBSC.

 

Hope you get back on the road soon. Maybe the pay out will pay for some extra goodies

[Guest keith12]

There is a dent in the chassis it bent my steering wheel but it drives OK, I think i will have to wait to see what an assessor thinks

[Guest keith12]

There is a dent in the chassis it bent my steering wheel but it drives OK, I think i will have to wait to see what an assessor thinks

I had only just replaced one half of my bonnet due to it being dented, it also knocked the light sideways

it don't seem to be much but its all the time and effort and money I had put into it to get it ready for this year.

[enforcer]

Sorry to hear about this Keith.

 

In my experience for this one to get as far as Court there would need to be an independent witness. Was there?

 

To pull out from a junction onto a main carriageway into the path of a vehicle (even if indicating left) can amount to Careless Driving.

 

To approach a nearside junction whilst indicating without the intention of actually turning left is clearly misleading and can also amount to Careless Driving.

 

Only independent testimony will clarify who essentially was in the wrong, and only then would a prosecution follow. Insurance companies will argue knock for knock and unless you can categorically say (or prove) that you were not indicating then the companies will probably go 50/50 or thereabouts. Sorry.

[Greenie]

Sorry to hear about this Keith.

 

In my experience for this one to get as far as Court there would need to be an independent witness. Was there?

 

To pull out from a junction onto a main carriageway into the path of a vehicle (even if indicating left) can amount to Careless Driving.

 

To approach a nearside junction whilst indicating without the intention of actually turning left is clearly misleading and can also amount to Careless Driving.

 

Only independent testimony will clarify who essentially was in the wrong, and only then would a prosecution follow. Insurance companies will argue knock for knock and unless you can categorically say (or prove) that you were not indicating then the companies will probably go 50/50 or thereabouts. Sorry.

 

As long as you can prove that you were already postioned and active on the carriageway before the T/P pulled out of the side road you should have no issues as far as blame is concerned, I have dealt with many of these in the past within my line of work. The T/P party should not have presumed that you were turning until you actually made a manouvre, she should have made sure of your intentions before she made her move.

 

Good Luck

 

Greenie

[enforcer]

Sorry Greenie, but giving a misleading signal has been held in case law to constitute careless driving per se. It would make the difference between 100% liability on the part of the Nissan driver and a negotiated deal between the insurance companies. I would agree that the blame should really lie on the driver of the Nissan. They 'assumed' that Keith's car was turning, and as we all know, 'assume' makes an 'ass' of 'u' and 'me'.

 

What's your line of work?

[Guest keith12]

I was driving at about 25 mph and she was given the nod from another driver who was turning right i had no intention of turning as i would have slowed down, to take a 90 degree corner at that speed which don't sound a lot would have made me crash anyway.

[enforcer]

That gives you a much stronger position. It introduces a third (fourth if you like) party. The Nissan driver has not only assumed that you are turning and are therefore not a hazard for her, but she has allowed a third motorist to influence her decision making.

 

Argueably there is now some liability on the part of the motorist who was turning right and 'gave her the nod'!......

[Guest keith12]

That gives you a much stronger position. It introduces a third (fourth if you like) party. The Nissan driver has not only assumed that you are turning and are therefore not a hazard for her, but she has allowed a third motorist to influence her decision making.

 

Arguably there is now some liability on the part of the motorist who was turning right and 'gave her the nod'!......

That makes me feel better already, I will only have 10 pints tonight instead of 20 while drowning my sorrows

Hopefully it can sort itself out quickly so i can get to some shows but stoneleigh looks very doubtful.

[Snapperpaul]

Where were you heading to? If you were going someware that turning left was the wrong direction then more evidence that you were not intending to turn.

I now its a bit anal but if i ever need to present, i make sure i have maps, photos, etc to support.

it's not your fault, so be robust in your presentation of the facts as you saw them.

With diagrams and some photos of the scene and a statement from you saying " you saw the opposing vehicle flash to let the car out that collided with you", you will present a very good case.

[Guest keith12]

Going to the pub, but still seeking your advice and opinions on the matter, thanks to everyone

[Guest keith12]

Where were you heading to? If you were going somewhere that turning left was the wrong direction then more evidence that you were not intending to turn.

I now its a bit anal but if i ever need to present, i make sure i have maps, photos, etc to support.

it's not your fault, so be robust in your presentation of the facts as you saw them.

With diagrams and some photos of the scene and a statement from you saying " you saw the opposing vehicle flash to let the car out that collided with you", you will present a very good case.

I was on my way home and a left turn would have been going away from home it wasn't directly as we have loads of speed bumps the direct route and they don't mix well with Robin Hoods!!!!!