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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good morning sir, I was involved in a side impact car accident

Customer Question

Good morning sir,
I was involved in a side impact car accident on the 28/11/2014, fortunately there were no injuries to either parties.
My query is that my insurance have told me that I am at fault and I'd like to know an experts view on this?
I was driving on an A road and was approaching a right turn that I wanted to take, I checked my mirrors, there were no vehicles approaching me and there was a vehicle approximately 150ft behind me, I indicated right and begun my maneuver, as I was perpendicular to the road, I heard a long screech, followed by a violent collision into my drivers side, the other vehicle was on the 'wrong' side of the road, I have photographic of this, I have drawn detailed sketches and also detailed the circumstances to my insurers.
Yet, my insurers informed me today, that I am the driver at fault!
Your advice would be greatly appreciated.
Kind regards,
Mr Michael Gewitzke
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Michael my name is ***** ***** I will help you with this.

Alex Watts :

What is the speed limit for the area please?

Alex Watts :

Did you make another check before you actually started the turn, rather than when indicated etc?

JACUSTOMER-uzq4mstv- :

Hello Alex,

Alex Watts :

Hello

JACUSTOMER-uzq4mstv- :

The speed limit is 40 mph and, yes I did check my mirrors before I indicated and as I started the turn, the other driver was a fair distance behind me

Alex Watts :

So you checked before you did the actual turn itself?

JACUSTOMER-uzq4mstv- :

Yes, I did.

Alex Watts :

Ok - did you not see him when you started the turn?

JACUSTOMER-uzq4mstv- :

I did see her, she was approximately 100 ft behind me as I begun the turn! she was travelling at high speed, although I did not realise this at the time as she was behind me.

Alex Watts :

If you saw the vehicle when you indicated and then when you started the turn, did you not Judge it was going so fast?

JACUSTOMER-uzq4mstv- :

She was 100 ft behind me, i presumed she would see my vehicle indicating and slow down!

Alex Watts :

So she was 100ft behind you when you indicated?

Alex Watts :

What distance was the car when you started the turn?

JACUSTOMER-uzq4mstv- :

I could'nt be sure as I was checking to see what was in front of me, I would estimate 75ft, she had more than enough to slow down and stop, she veered/skidded onto the other side of the road and was very apolagetic when she exited her car!

Alex Watts :

I understand you looked when you indicated.

Alex Watts :

Did you look when you STARTED to turn or assume that she was slowing down?

JACUSTOMER-uzq4mstv- :

I checked as I started the turn, she had plenty of opportunity to slow down, but SHE did not realise that I was indicating, she was travelling too fast and not paying attention to the road.

Alex Watts :

Ok - I think this is 50/50

Alex Watts :

You checked when you indicated.

Alex Watts :

You should have checked again just before you started the turn, not as you were doing it

Alex Watts :

But at the same time, she should have seen you indicating and slowed down

Alex Watts :

So on that basis I think it is 50/50

Alex Watts :

However it is a commercial decision for the insurance company, you can object to the result.

Alex Watts :

You should write and set out your position and it will be investigated through the complaints procedure.

Alex Watts :

They will investigate it and report back to you.

Alex Watts :

If you are not satisfied with their response then you can complain to the Ombudsman.

Alex Watts :

They offer a free, independent service and are located at: www.financial-ombudsman.org.uk

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-uzq4mstv- :

I did check just before I started the turn, I see her at, what I presumed was a safe distance, as I fully expected her to slow down and let me complete my maneuver, she did not realise what was happening in front of her until it was too late, I was turning into a slim driveway, so was going very slowly, I cannot understand how it can be 50/50 if she struck me.....

JACUSTOMER-uzq4mstv- :

From behind!

Alex Watts :

Yes that is the problem, you presumed.

Alex Watts :

It is 50/50

Alex Watts :

On the basis you did not check before you actually started the turn

Alex Watts :

I am sorry

JACUSTOMER-uzq4mstv- :

How could I, or anyone Not presume that a driver behind myself would not re-act to my actions, when they were a safe distance away for me to start my turn! Also, I did double check before I started the actual turn, as stated above!

Alex Watts :

I asked if you if you checked before starting the turn. You said you checked when you indicated and then AS you were making turn.

Alex Watts :

Perhaps you can clarify the posiiton?

JACUSTOMER-uzq4mstv- :

I thought the code was 'Mirror, signal, maneuver'....... NOT, 'Mirror, signal, mirror, maneuver, mirror'........ ect, I cannot ONLY watch the driver behind me, I also have to check in front and the entrance that I am turning into!

Alex Watts :

Perhaps you could answer the question I asked in order that I assist you

Alex Watts :

You said earlier "I did see her, she was approximately 100 ft behind me as I begun the turn!"

Alex Watts :

Just help me with this

Alex Watts :

Did you check before you indicated?

Alex Watts :

Did you check again before you started to turn?

JACUSTOMER-uzq4mstv- :

Alex, I checked at various times, it was safe to turn, once I have begun my turn, my mirrors are no longer in use as my car is at a perpendicular angle to the road, are you asking me whether I continuously watched the car to my rear? then the answer is 'No', I checked as I indicated, I checked again as I begun my turn, the car behind me was at a safe distance and I then begun my maneuver at 2-3 mph, it is hard too judge the speed of a car behind you, when you look into your rear view mirror!

Alex Watts :

Did you stop, ie waiting for oncoming vehicles?

JACUSTOMER-uzq4mstv- :

There were no oncoming vehicles, as stated on my original question.........

Alex Watts :

Did you become stationary at any point?

JACUSTOMER-uzq4mstv- :

No, I did'nt

Alex Watts :

Ok the rules state this when turning right:

Alex Watts :

  • use your mirrors to make sure you know the position and movement of traffic behind you

Alex Watts :

  • give a right-turn signal

Alex Watts :

  • take up a position just left of the middle of the road or in the space marked for traffic turning right

Alex Watts :

  • leave room for other vehicles to pass on the left, if possible.

Alex Watts :

On that basis then I think you are not at fault. I was just concerned regarding the actual turn and when you looked, but that has been clarified.

Alex Watts :

But the basis and dispute procedure I outlined above is the same

Alex Watts :

Do you need me to go through that again?

JACUSTOMER-uzq4mstv- :

I feel that I have not received any relevant advice and at times feel that you had not even read my answers, You have changed your mind as regards ***** ***** outcome, although the information is the same! I feel that I have not been enlightened of any information that I did'nt already know! I.E - Contact the Ombudsman ect! I now feel that I have just wasted £18, thus, I feel worse and more confused than before I contacted you!!!!

Alex Watts :

I see you have rated bad service which makes me very sad indeed.

Alex Watts :

What else is it you would like to know?