i fully understand in what could be argued against me because of the give way 'rule'. and the person indicating left isnt necessarily guaranteed to make a left turn. in my circumstance, i noticed (third and final look to the right before emerging) he had slowed down to make that left turn and thats when i decided it was okay for me to proceed to emerge. little did i know there was someone behind him, travelling at possibly 25-30mph, eagerly waiting to get past him such that he decided to overtake him as he slowed down to turn left.
Originally Posted by Snowball
you're so right about if he had slowed down instead of being such an eager beaver. it wouldve saved alot of hassled stress and ultimately money. =(
Thank you for your reply wagolynn i am so grateful!
In terms of liability and my next steps, what do you think i should do? and the collision and where on each vehicle was hit, would that be relevant to describe to my insurers to determine who was at fault?
Give way is not a "rule" - it is a legal requirement (Road Traffic Act 1988).
Originally Posted by MrRoadUser
As said above, the other driver was wrong to be overtaking, but you should not have pulled out if you couldn't see it was safe. From what you've described, the left-turning car was blocking your view so you should have waited.
And BTW there is no such concept as "right of way" in this context: the vehicles in the major road merely have priority or precedence.
A few years ago, a friend of mine was in a situation where he was passing a car turning left, and collided with a car that pulled out in front of him. He was charged with the usual Driving Without... In Court it was argued that he was not overtaking, as the car he was passing was pulling off the road, and would not be behind him as he carried on along the road. The result was that it was deemed that the car pulling out was at fault, because he could not state specifically that the indication of the car turning left did not mean that he intended to pull over after the junction.
You should contact your insurers giving them all the information you have, if you can draw a diagram (tell them if you can) it may help your case. After this they will wait for the other party’s insurers to make contact, between them they will refer to similar case that have been to court to apportion blame. These days they are reluctant to go to court for a settlement due to the high costs. Out of interest, these are some of the cases commonly used. http://www.howtohandleacaraccident.c...n-Motor-Claims You will find other handy information there.