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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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A vehicle in front of mine pulled to my left side with his

Customer Question

A vehicle in front of mine pulled to my left side with his break lights on. As I proceeded to overtake he swung across at speeds attempting a U turn. I pulled away as far as I can whilst blaring my horn in an attempt to warn him of the danger but it was too late and there was a collision. In an audacious attempt to probably preserve his NCB,he now claims this was not the case and that I was at fault . That he was doing a right turn to park in the road to the other side and I was impatient and tried to overtake. The fact is the road he claims to be turning into have a huge metal gate in the middle of the road with big keep clear signs painted into the ground. Also the parking section of the road is inaccessible from the road we were driving on. What can I do and what are the road traffic act rule in relation to U turns and which part of the act relates to this sort of things and what defence I have in addition to the facts as stated above?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are there any witnesses?

How do you know he was doing a U turn?
Customer: replied 2 years ago.

Yes one elderly witness who confirmed in writing that the other driver tried a U turn without indication. However he now says it happened a while ago he cannot remember all the details.

Expert:  Jo C. replied 2 years ago.
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

Without any evidence from an independent third party that is clear, this is likely to be settled 50-50. Although I accept your version of events as swinging left to get a full steering lock in the U-turn is extremely common. The most common U-turn incidents are with taxis.

With a taxi who was doing a U-turn but then alleges he was turning right into a driveway, it is easy enough to ask for the taxi company log to see whether there was indeed a pickup at that address, provided of course that they do not fabricate any evidence.

If this was not a taxi, then I would draw a very explicit plan and ask for a witness statement from the other driver explaining who lived in this house that he alleged he was turning into, what relation he has with them, and why he was going there. It would then be relatively easy to find out whether he does know these people or not.

If he does not know them, I think that on the balance of probabilities, your version of events would be believed if it went to court. The more investigation that you carry out therefore and the more proof you provide to the insurance company, the better

However, I will tell you that with cases like this, the insurance company will not carry out this investigation for you. In many cases they will just agree to settle 50-50.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Customer: replied 2 years ago.

Which part of the Road Traffic Act relates to U turns?

Expert:  Jo C. replied 2 years ago.
There is not a section of the Road traffic act relating to U turns. Indeed, there is not a section relating to a whole load of different manoeuvres.

U-turns are perfectly legal, provided there are no prohibitory signs stopping them and provided of course that they are carried out with due care.

In any event there is certainly no section prohibiting them.

Anyone who carries out a dangerous manoeuvre could face prosecution for driving without due care and attention, or if the manoeuvre was completely reckless, dangerous driving.

If there are no witnesses, it is unlikely that the police would prosecute this.

If the police were bringing a prosecution the insurance company would not settle until the outcome of that prosecution. However, even if he was found not guilt on the criminal standard it is still possible to bring a successful civil claim.

Without any witnesses or other evidence, there is nothing to swing the balance of probabilities in your favour
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
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