Who is to blame in this car accident??! HELP

[busybee]

Please help!!!

Was travelling along a normal road at about 25 mph when a van pulled across my road to turn right up a side road. I put my foot on the brake and sounded my horn and he continue across. The an had a trailer on the back which i did not see, i slammed my brakes on but the trailer caught the front of my car.

Is this my fault?? Im not sure as is he in the wrong because he pulled across my right of way? or am i in the wrong because i hit the back of his trailer and i should of slowed down more?

Help, im worried!!

Thanksssss xxx

[kalniel]

Blame doesn't mean anything sadly. Liability will be decided by witnesses and how good your insurance company lawyers are. If no witnesses and he doesn't admit liability then it'll probably go 50:50 at best.

[busybee]

I meant liability. No witnesses, he's saying it was my fault. At the time i thought it was his.

[kalniel]

I meant liability. No witnesses, he's saying it was my fault. At the time i thought it was his.

If he hasn't got any witnesses to back his version of events then it'll just be down to the insurance. He's in a stronger position unless you can find evidence that you couldn't have reacted any better (no lights on trailer when dark, skid marks proving you weren't speeding yet reacted as quickly as you could etc.) Just be honest, give your side of the story to your insurers and instruct them to act on your behalf.

[joshwa]

We had a similar accident, where a car pulled in front of us to turn. It was deemed entirerly their fault. Take photos of the car, street, junction, etc, document what happened. Was the van indicating? They should have made sure there was enough time to go as you had right of way, and they should have waited for you to go past.

I'm not expert so this is just my personal opinion, but the more you document, the more you photograph, the more it should help you.

[Rave]

TBH you had the right of way, the van should not have pulled across in front of you in such a way that you had to brake at all, let alone brake hard. I'd fight it all the way TBH.

[Saracen]

TBH you had the right of way, the van should not have pulled across in front of you in such a way that you had to brake at all, let alone brake hard. I'd fight it all the way TBH.

As would I.

As explained, I'd go for absolutely the van's fault ... but proving it might be a different matter. It wouldn't be the first time someone's outright lied about who was where, but if you're on the road travelling in your lane, and he pulls into it, he should only do so when the way is clear. Who has what damage, and where, may well support that.

[Steve A]

TBH you had the right of way, the van should not have pulled across in front of you in such a way that you had to brake at all, let alone brake hard. I'd fight it all the way TBH.

+1

From how you have explained it i would agree with Rave, you had right of way so that would leave the blame at his door, however its always difficult when there is no witness but in this case it could work in your favour.

[peterb]

Highway code 179 and 180. The requirement is for the turning vehicle to give way until it is safe to turn. If he did not do so, he is liable. His defence would be that you had plenty of time to slow down (which you could)but I would say that on the balance of probabilities you have a good case.

Don't be fobbed off by an insurance company claims manager who wants an easy life and will settle knock-for-knock - especially if they are in a foreign based call centre following a computer generated script.