Our son had an accident on a country lane with a tractor and trailer - who is at fault?

Our son had a crash on a 'C' class road, with no white lines. He was approaching a blind left-hand bend, on a road which he drives every day, so he is always aware of how blind it is. As he got halfway around the bend he saw a tractor and trailer, which he said was on his side of the road. He has a dash cam which showed the tractor on the wrong side of the road, there was 18 inches between the trailer wheels and our son's side of the road. The farmer accused our son of speeding, the dashcam shows 33mph, accused him of not driving with due care and attention and made several sarcastic comments about our son because he was driving an MX5, which is his pride and joy. As usual the police would not attend. The major problem is because our son is 22 he does not want to report anything to the insurance company because even though it is clear the farmer was in the wrong our son's insurance would be affected even if he was found to be not at fault.

Asked on 22 August 2019 by David Finlay

Answered by Tim Kelly
It is a 50/50 claim, not a none fault. Your son should still be able to stop in the distance he can see with the expectation of someone driving the other direction. With no white line separating traffic, both parties have the as much right to be there as the other. Unless your son was completely stationary only then would it not be his fault. Your son MUST contact his insurer, he is required by law to do so.
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