Can I be held as partially liable for an accident at a junction if my indicator was on?

I was driving down a road when someone pulled out in front of me from a side road. Her friend pulled out straight behind her and I went into the side of her car. Her insurance company are disputing that she’s liable on the basis that my left hand indicator was apparently on, which she says she assumed that I was intending to turn into the junction she pulled out from. I have said my indicator wasn’t on, which it wasn’t because I had no intentions of turning left. However, my insurer is suggesting I settle for split liability. I wasn’t speeding and I have a black box, so they would be able to see I wasn’t speeding, nor did I begin to turn onto the road. I’ve been driving for two years as of next month and I'm worried that my premium will skyrocket and I’ll loose my soon to be two years no claims bonus. What can I do about this? It seems like I don't have any say in what happens.

Asked on 16 April 2018 by Kelly

Answered by Tim Kelly
Even if you were indicating, it would make no difference. The other party would still be at fault because she failed to ensure her path was clear prior to proceeding. The damage to both cars should be able to show the relative positions and direction of travel of both vehicles. As you are on the main carriageway, you have the right of way. Advise your insurer that you are not liable in any way, and you will happily attend court to defend the matter. Tell your insurer that you may also be pursuing a personal injury claim (whether you are or not). Don't claim for an injury that wasn't sustained though. It is purely a tool to make sure your insurer does not prejudice your legal position, and must not agree on a 50/50 basis. This forces them to defend your claim rather than settle for the easy option. Also request that your insurer evaluates the black box data, the telematics will show whether you were braking to turn round the corner or not. It will also show speed, angle of impact and braking force applied.
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