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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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I was turning right at a t junction the road was clear then

Customer Question

I was turning right at a t junction the road was clear then I was hit by a car that drove very fast at an angle from parked on other side of road
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

How can I help with this please?
Customer: replied 3 years ago.

I was told it did not matter where the other car came from that I was in the wrong by my insurance

Expert:  Jo C. replied 3 years ago.
Ok.

So what would you like to know about this ?
Customer: replied 3 years ago.

the other car 3 cars to my right approached at angle that I could not see due to piller on my car they said they correctly approached and where doing 20 mph

Expert:  Jo C. replied 3 years ago.
Thanks. I'm afraid I cannot give you good news.

I presume you were coming out of the side road?

What the insurance company have told you is not necessarily the case. It is true that it does not matter where the other car came from. What is more important is where the other car hits you and your position on the road. For example, if a car was coming straight along the road and the car ran in the front of yours as you were emerging from the side road, then it would be almost certainly your fault.
If however you had virtually finished coming from the side road and the car coming along the main road ran into the rear quarter of yours, it would almost certainly be the other car’s fault.

If you have told the insurance company that you did not see because of the pillar then they will say its your fault as you are under a duty to look around obstacles and if you’re not able to see, not proceed.

I’m sorry if this is bad news for you but I have to tell you the truth.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

there was a witness who seen the car driving across the road towards the junction and hit the corner of my car but my insurance did not follow up. is it all right to drive on the wrong side of the road at speed and hit a car to get to the other side .thanks jo

Expert:  Jo C. replied 3 years ago.
How did you know the car was parked on the other side of the road and it was coming towards you at speed if you could not see it because of the pillar?

How far away from you was it originally parked?

How fast was it going when it hit you?

Were you turning left or right?

What was your position on the road at the time of impact and what was the point of impact, front, rear, side?
Customer: replied 3 years ago.

I went to see witness myself to see where the car was positioned. Approx 15 to 20 metres to my right. 15 to20 mph. Turning right. One metre. Front driver side corner

Expert:  Jo C. replied 3 years ago.
You would need a witness to provide a statement as to the facts.

The speed is approximately what I would have expected after accelerating for that distance.

However the fact that he hit the drivers side front corner and not the driver's side door or the drivers side rear of your vehicle would indicate that the other car had come across the road and hit you before you were firmly established on the road.

In effect, you were both changing sides because you were going across the road to turn right and in any effect he would have been passing you on your drivers side.

The vehicles would have been passing drivers side to drivers side.

I think the best you could hope for is a 50-50 settlement of liability however to do that, the most important thing is for you to prove that you were well established on the road not that you were just emerging from the junction. The position of the cars at the time of impact is therefore critical.

If you were just emerging from the junction, regardless of where the other driver came from or the speed he was doing, I cannot see that you can escape 100% liabilit
Customer: replied 3 years ago.

I was turning right out of junction .the other person was driving against the flow of traffic and not turning right and still partly on other side of road at time of impact

Expert:  Jo C. replied 3 years ago.
Thank you. My answer remains the same.
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Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/