Have I got a chance? - bjh
I had a crash a couple of weeks ago, and both my car and (I suspect) the 3rd party's was written off.

Here is a link to the junction:

tinyurl.com/2xkupv {Shortened link to maps.google.com/maps - DD}

I was trying to turn right out of the side road (to the right on the image). It is a busy road at rush hour and it is sometimes necessary, when the opportunity arises, to come out across the first lane, stop, and then wait before being able to turn right. There is also a filter lane for traffic wanting to turn right into the road I was trying to turn out of. They obviously have the right of way, but there are a lot of considerate drivers who will wave you through once you're halfway out.

So, the accident. After arriving at the junction, I looked to the right to see a car about 90 metres up the road, by the traffic lights. I pulled out into the lane of the oncoming car, stopped for about 4-6 seconds, looked left, and a car wanting to turn right waved me past him. Just as I went to turn right, I was hit by the car whose lane I was stationary in.

The young girl who hit me was quite hysterical and didn't say anything once I'd made sure she was okay.

The police turned up about 5 mins later. They said they could see what had happened but they would have to put down in their report that I was at fault because I was blocking the oncoming vehicle's lane. I questioned them as to how far a car had to be up the road before it was reasonable to expect them to both see me and act accordingly, given the fact that I may still be there by the time it the reached me. She said it was a grey area in the law.

Their is absolutely no evidence of the girl reacting to my presence until the very last fraction of a second, when she appeared to try to avoid me by swerving to the right. She appeared not to slow down at all during the preceding 4-6 seconds (whilst I was across her lane), and she certainly didn't leave any skid marks in the road.
I believe it was reasonable for me to assume that in that time she would be able to either slow down or stop if she had to, given that there was a stationary vehicle in front of her (if I'd been stationary but facing the same way as her, it would most definitely have been her fault). I'm fairly sure the girl was not paying attention to the road, and hit me as a result.

The question is: have a got a chance of convincing the insurance company that I should not take 100% of the blame?
Have I got a chance? - flunky
you can only try really. Any driver should slow down when they see something ahead. I had a situation where someone cut in front of me on the left lane of a three carriageway, and everyone said that I had to be to blame for rear-ending him, but I drew diagrams and explained how he had not checked before pulling in front of me, and their insurers accepted 50% of the blame without question.

Anyway, to me the onus is always on the driver to be able to stop in a given situation, and unless it's claimed that you pulled out immediately into the path of the vehicle, with no chance to stop, the other driver has gone into you. It could have been a pedesterian walking across the road - the driver does need to me to be alert.

To me given the circumstances as you describe I'd say it's her fault, because she does need to be able to stop. But do you have an admission or evidence that you were there a good time before she arrived? I.e. she can just claim you pulled out as she came up to the junction. Unless you've got evidence that you were there for several seconds before she hit you, she could just claim you pulled out as she was crossing the junction.
Have I got a chance? - bjh
Wow - quick response!

The location of the collision would suggest that there is no way it could have occurred where it did had I not already been right out in her lane. I had not even lifted my foot off the clutch before she hit me, and the pictures will show how far out I was when she hit me. Unfortunately the bloke who waved me out had gone by the time I'd made sure the girl was okay. He would have been perfect!
Have I got a chance? - DavidHM
The thing is, if there'd been a bloke who'd waved you out then had the road been clear on both sides you could have got through there in a lot less than five seconds.

If someone did stop then it makes it more likely that you pulled out into oncoming traffic, rather than having to wait for a gap to appear in two stages.

In any event, you'll never escape 100% of the liability so unless you have significant uninsured losses (e.g,. personal injury, damage because your car wasn't insured comprehensively) you're still going to lose your no claims and the liability split won't make much difference to you. All you'd be doing is punishing the other driver with loss of her no claims to the benefit only of her insurance company - fine if you have something to gain but churlish if not.
Have I got a chance? - bjh
The bloke who waved me past wanted to turn right - he didn't have to wave me past but he did. There was no one else behind him wanting to turn right and I was happy to go after him, but he waved me out, so I went (or, I was about to!).

While I'm not expecting the insurance company to find the girl 100% at fault, it rankles that I should be found 100% at fault! My sense of fairness tells me that she should accept some of the blame, and for her not to do so would be, well, unfair!
Have I got a chance? - Altea Ego
>The question is: have a got a chance of convincing the insurance company that I should not take 100% of the blame?

Not really. You entered a road from a side road, and crossed what looks like double broken give way lines with give way triangles in the road. The police report looks like it will have you as the guilty party.
So all in all unless you can summon up some witnesses to say the other driver was to blame in some way (ie putting on make up or using a mobile) I have to say you look stuffed.
------------------------------
TourVanMan TM < Ex RF >
Have I got a chance? - FotheringtonThomas
I had a crash a couple of weeks ago and both
my car and (I suspect) the 3rd party's was written off.


SNIP! unnecessary quoting of post being replied to removed

The police and the highway code are your answer. What is the speed limit on the major road, BTW?
Have I got a chance? - bjh
Highway code rule 146 states "take care at junctions,you should not cross or join a road until there is a gap large enough for you to do so safely".

I beleive there was a gap large enough for me to join the road safely, it just relies on the fact that other road users are aware of approaching (temporary) obstructions. Had she been paying attention, the collision would never have happened.

The road is a 30mph zone.
Have I got a chance? - DavidHM
My view would be (and I apologise in advance if this sounds sanctimonious, it's not meant to) is that if it's only safe for you to do something if someone else takes avoiding action then it's not really safe, is it?
Have I got a chance? - bjh
There was no "avoiding" required. All she needed to do was take her foot off the peddle on the right! Had she done this, I would have been gone by the time she went past the junction. To say she wasn't driving defensively would be a huge understatement. She can't have been looking down the road for a good 4-6 seconds. That's a very long time when you're driving, and it should be more than long enough to see a potential obstruction ahead and act accordingly (for example, cover your brake).
Have I got a chance? - DavidHM
There was no "avoiding" required. All she needed to do was take her foot off the peddle on the right!

Sounds like avoiding to me.

Had she done this, I would have been gone by the time she went past the junction. To say she wasn't driving defensively would be a huge understatement.

To say you weren't driving defensively would be a huge understatement also on that basis.

She can't have been looking down the road for a good 4-6 seconds. That's a very long time when you're driving, and it should be more than long enough to see a potential obstruction ahead and act accordingly (for example, cover your brake).

And it's also a huge amount of time to pull across a road and into a gap that someone was making for you on the other side of the junction. So either there was no gap and you were hoping to bully the waiting traffic into making one for you, or the gap in the moving traffic was a lot less than four to six seconds.
Have I got a chance? - bjh
I very much appreciate your comments - I do not expect to be found completely blameless, but I nevertheless feel that the girl was not paying as much attention to the road as she should have been. I'll post a link to a video of the jucntion in the morning. I'd be interested to read your views once you have seen it, if you would be so kind...
Have I got a chance? - Peter S
Many years ago I was involved in a similar accident, but the other way round if you see what I mean. I was driving through Colnbrook on the way to Heathrow very early one morning, and a car pulled out of the petrol station (on my side of the road) to turn right across about 4 lanes of traffic. Definitely not an area where a right turn was sensible (if indeed it was even allowed...) or to be expected. I did not brake quickly enough and as a result collided with the drivers side of the car that had pulled out.

IIRC the insurers ended up spliiting the costs 75:25 (with me being 25% to blame...) - I couldn't be bothered to contest this at the time as, IMO, it was 6 of one and half a dozen of the other. They shouldn't have pulled out, I should have seen them sooner...

HTH

Peter
Have I got a chance? - FotheringtonThomas
Highway code rule 146 states "take care at junctions you should
not cross or join a road until there is a gap
large enough for you to do so safely".
I beleive there was a gap large enough for me to
join the road safely


One would advance the theory that you were perhaps mistaken, as there was consequently a crash. I
do not think that you have a chance of avoiding blame. Refer to rule 148 - even if you think that this didn't really apply to you in this situation, I do not imagine you can avoid the consequences.
Have I got a chance? - L'escargot
I pulled out into the lane
of the oncoming car ............. stopped for about 4-6 seconds


Blocking a lane at right angles to the flow of traffic and being stationary for 4-6 seconds is, at the very least, foolhardy. I just can't see how anyone could justify doing it under any circumstances ~ regardless of what is common practice by some locals at that particular junction. In the event that another vehicle collides with your car you are likely to suffer much more serious injury by being at right angles to the flow of traffic than if you were in line with it.
--
L\'escargot.
Have I got a chance? - Dalglish
I was trying to turn right out of the side road (to the right on the image). .... but there are a lot of
considerate drivers who will wave you through once you're halfway out.

>>

your google satellite photo seems to show your situation as it would have been had there been no accident.
it shows a pastel-green(?) car/van which seems to have just done what you were trying to do. it looks like the black car has allowed the green car to go through. the green car has turned right even though there was a orange/red car that must have been approaching from the right, just like the young lady who hit your car. also, the green car seems to have succesfully turned in to the main road - though the driver of the red car behind him may have had to brake to let him join the traffic.
Have I got a chance? - rtj70
Looking at the aerial photo, what I am wondering is why you were stationary in the middle of her lane anyway? You said the driver turning right waved you out. If they did surely you would have pulled into the middle of the road where the chevrons are and then complete the maneouver, i.e. out of the way of the female driver. And if the lane you were turning into had a gap you'd have completed the turn in time. That you didn't suggests you pulled out into the road when it was not possible to turn right because there was no gap in the traffic in the lane you were trying to turn into.

I always thought if you turned into a road on a driving test and that forced someone to slow down at all it was a fail on the test too...

What this sounds like to me is you trusted the person that waved you out when it was not safe to do so.
Have I got a chance? - rogue-trooper
bjh, I understand what you did and why you did it. That sort of driving is "normal" in big cities otherwise you never get anywhere. whilst the other driver might well have been able to stop in your opinion (obviously you did as you probably would not have pulled out) I think that you are guilty of anticipating what another driver is going to do, which I think is THE most dangerous thing one can do. I think we are all guilty of doing it and I think that it is probably one of the main reasons for shunts.

I think that in the eyes of the insurers you will probably be gheld 100% liable, although I suppose your defence should rest on the fact that the car hat hit you did not have clear access and then should have stopped.

Also don't you have any wintesses to back up your side of events (ie a big gap being there when you pulled out)?>> >> I was trying to turn right out of the side
Have I got a chance? - Clk Sec
Have I got a chance?

Unlikely. I can understand you being a bit miffed, but you were in the wrong place at the wrong time.

Clk Sec
Have I got a chance? - local yokel
My vote is a no - you should not have moved off until the point you wanted to reach was clear.
Have I got a chance? - bjh
I've posted a video of the junction on youtube - you can see it here:

www.youtube.com/watch?v=UoVuLa_VG6s
Have I got a chance? - FotheringtonThomas
I've posted a video of the junction on youtube


Looks like a pretty dreadful road plan. However, I can't see that fact helping you.
Have I got a chance? - Dalglish
Looks like a pretty dreadful road plan


i think they need a roundabout and/or peak hours traffic lights there.
Have I got a chance? - Dalglish
I've posted a video of the junction on youtube - you can see it here:
www.youtube.com/watch?v=UoVuLa_VG6s


cor blimey, that is some dangerous junction !!!
the number of near misses is incredible. even the fire-engine takes a chance on the oncoming traffic.
you ought to show the video to the road safety people in your county or borough council.
you may have a case against the designers of the road layout.

Have I got a chance? - bjh
My colleagues at work all agree that a mini roundabout would solve the problem...
Have I got a chance? - FotheringtonThomas
you ought to show the video to the road safety people
in your county or borough council.


I agree with that. I'd also ask what the history of crashes is at that junction, using a FOI act request, if necessary.

you may have a case against the designers of the road
layout.


It would be very interesting to hear what any history of crashes might be, which could affect the above.
Have I got a chance? - daveyjp
Looks similar to many junctions I use everyday and at busy times going half way is the only chance of getting out. My daughter's nursery is off a side street which joins a main road like this - it's so bad I now turn left rather than try and cross the junction during busy times.

e-mail the Council about a possible mini roundabout installation. I enquired about one being placed on a busy junction which serves our local supermarket as I had seen many a near miss, but the response ended up being a list of excuses about why it wasn't possible, including one that the road was too wide (!), despite the fact that 150m away the road has just been narrowed to slow traffic down!
Have I got a chance? - bjh
I've just sent a request for information to the Highways agency - I assume they are the best people to ask?

The thing is, I've had the forms from the insurance company sat here for a week now - how long before they start getting twitchy about not having them back do you think?
Have I got a chance? - FotheringtonThomas
I've just sent a request for information to the Highways agency
- I assume they are the best people to ask?


I should think that someone at Bromley Council would be responsible. Try groping around:

www.bromley.gov.uk/Default.bromley

and see if there's a highways/traffic/roads contact (or telephone to see who you should talk to. You could also try the police, but they will probably only have the same information as the council have. If there's a history of crashes (*especially "injury accidents"*) you might be able to get something done, or even talk to you insurer about the situation.

The thing is I've had the forms from the insurance company
sat here for a week now - how long before they
start getting twitchy about not having them back do you think?


Give 'em a ring, and see what they say.
Have I got a chance? - Mazda-Man
I think what they'll say is that TFL are responsible for the A224 and that they'd prefer that wasn't the case.
Have I got a chance? - Clk Sec
Definitely a junction to be avoided at all costs.

Clk Sec
Have I got a chance? - DP
The forward observation of many drivers is shocking.

On my drive to the station every morning I go over a single lane roundabout which exits onto a two lane road approaching some traffic lights about 400yds further on. This two lane road is arrow straight and slightly downhill, and you can see right the way up to the lights as you exit the roundabout (which itself is sharp, narrow, and forces you down to 20 mph or so).

90% of the time when I pass through there, there are two big dump trucks parked about half way between the roundabout and the lights. The road is quiet at that time of the morning, and they are well over in the nearside lane with hazards on (I presume the drivers go for breakfast in the caff opposite). Yet, every single morning, there's at least one driver who has exited the roundabout in the nearside lane, failed to see the parked trucks until the last minute and is forced to brake sharply, or just as commonly, swerve violently around the trucks regardless of what is alongside them. As the roundabout feeding this is only single lane, roundabout exit speeds are low, and the trucks are clearly visible from the roundabout exit, its carp observation, plain and simple.

I have sympathy for the op's situation, but you just cannot count on people looking where they're going. Early on in her driving career, SWMBO was hit head on (thankfully at about 20mph) by a woman in an oncoming car who, with her head somewhere down in the passenger footwell (looking for a tape, apparently), had strayed over the white line. SWMBO was stationary at the time, and to add insult to injury, this woman turned out to be uninsured!! :-(

It beggars belief, but these idiots are not as uncommon as we all hope.

Cheers
DP
Have I got a chance? - Altea Ego
Ok agreed its a disaster area and no mistake about that. That is one stupid junction in real world use.

The pity is tho that it does not change you from being in the wrong to being in the right.
------------------------------
TourVanMan TM < Ex RF >
Have I got a chance? - Mapmaker
So the junction is dangerous, you know it is dangerous. Time to take extra care, I think - rather than pulling out in front of a car that is going hell for leather at you!

I have some sympathy - it's a 'if only she'd seen me and slowed down' situation. But you took a chance, she didn't, and your presence caused an accident.

If you had waited patiently in the side road until you had a proper gap, then you would not have caused the accident is possibly the simplest way to think about it.

Annoying; bad luck.
Have I got a chance? - Cliff Pope
Technically you were in the wrong, but as the film shows, anybody who wants to cross the junction this side of Christmas is forced by necessity to do the same.
It's all very well for the HC to say "wait for a gap", but for how long - all day?
Have I got a chance? - Leif
It sounds like you were wrong for sure, but possibly not 100%. However, proving that she had ample time to stop is the hard bit as others have noted.

However, sorry for this, but I have to admit that I cannot abide it when somone pulls out of a side road, and then stops, blocking one lane, waiting for a gap in the other lane. It is incredibly selfish behaviour. On numerous occasions I and lots of people behind me have had to wait ages until some selfish oaf gets out of the way. Basically lots of people are forced to wait to potentially save one person a bit of time. In fact, quite often had the car not pulled out, it would have got out just as quickly. Rant over. I feel better now. Move along now, nothing to see.
Have I got a chance? - SjB {P}
I have no idea if it applies here and pass no judgement, but as a general observation I never cease to be amazed at the dirty dives across traffic to turn right, when in fact turning left gives a short drive to roundabout or other opportunity to turn round and come back on yourself.
Have I got a chance? - Mazda-Man
Agree - I know this junction very well and its layout may be due to the relatively small amount of traffic which turns right onto the A224 which is busy much of the time. There is pelican crossing about 50m north of the jcn which gives some break in the traffic heading south but at peak times I'd rather use Sandy Lane and avoid the right turn altogether.
Have I got a chance? - Mazda-Man
Incidentally the jcn with Midfield Way about 200m further north along the A224 is usually busier and presents very similar problems to anyone trying to turn right.
Have I got a chance? - bjh
The pedestrian crossing is 91 metres from the junction. It is not a small amount of traffice that turn right there - there is a business park just round the corner, so copme 5:00 - 6:00 there is always a long queue of traffic on Main Road. That's not to mention all the people leaving the Homebase store too....
Have I got a chance? - Mazda-Man
The key word I used was 'relatively' i.e relative to the A224. If there was a great deal of traffic turning right there Main Road would grind to a halt and in 20 years of living in the area I've never known that to happen although of course it's far busier at peak times which is why I'd use Sandy Lane.
Have I got a chance? - Clk Sec
>>>It's all very well for the HC to say "wait for a gap", but for how long - all day

You wait as long as you have to. Better 3 minutes late in this world etc.....

Clk Sec
Have I got a chance? - Cliff Pope
You wait as long as you have to. Better 3 minutes
late in this world etc.....

True. But there are junctions where you would literally wait all day if you applied that rule. What do you do - get out and have a picnic and wait to be arrested for obstructing a road junction?
Have I got a chance? - rtj70
"But there are junctions where you would literally wait all day if you applied that rule"

You would turn left and find a way of safely turning around. Turning right needs a gap in both streams of traffic and turning left only needs a gap in one.
Have I got a chance? - Cliff Pope
All the cars in the film clip that turned left took a chance on the "gap" being long enough. A dozy driver on the main road could have gone into the back of one, and then claimed he pulled straight out in front. Exactly like the present situation.
Surely the truth is that at a junction like that in order to go anywhere you simply have to force someone to slow, and take a chance that they will?
Have I got a chance? - FotheringtonThomas
Surely the truth is that at a junction like that in
order to go anywhere you simply have to force someone to
slow and take a chance that they will?


No.
Have I got a chance? - daveyjp
Also with you Cliff - too many people treat driving as a strict science with set procedures for any given situation. Unfortunately a lot of art is required in adapting your driving to suit the conditions and with the amount of traffic in built up areas going halfway out of junctions can sometimes be the only way of making progress.

Some of the video footage appears to feature suicidal drivers who are driving deiberately in front of fast moving traffic. I've not watched it all, but there appear to be very few times when there is a gap in both directions - the fire engine would probably resort to blues and twos if he stuck to the strict advice and waited for a gap.
Have I got a chance? - Clk Sec
>>>True. But there are junctions where you would literally wait all day if you applied that rule. What do you do - get out and have a picnic and wait to be arrested for obstructing a road junction?


Look again at the film; some waited and some did'nt. Those choosing the safe option did not, as far as I could see, cause an obstruction.

Picnic on a busy suburban junction? might be your cup of tea, it's not mine!

Clk Sec
Have I got a chance? - daveyjp
I've now watched the whole thing.

Every car which emerged to turn right had to cut across traffic at some point and inconvenience someone - if the first car had waited for a proper gap it would still have been there at the end of filming. Those that waited until nothing was coming from the right still had to cut in front of of vehicles coming from the left.

I like the 300C estate - I'm big, I've waited long enough and I am coming through and Pug 106 drivers seem to have a deathwish! The Getz near the end took two minutes to get out and still had to cut across traffic.

Chaos theory in action! I'd send the video link to the insurance company.
Have I got a chance? - bjh
The video is on a disc waiting to be sent with my forms...
Have I got a chance? - Dalglish
.. Every car which emerged to turn right had to cut across traffic


one impatient driver jumps the queue - by undertaking the one at the front of thequeue waiting for a gap; by first going left and then cutting in right to jump the queue !

and you can see some near misses as well.

i would not want to hang around too long where the video was filmed from.
Have I got a chance? - bjh
I've seen police cars before that have done the same thing. I might go up there with my video camera and wait!

I'm meeting an accident investigator soon too. I'll be showing him the junction, and hopefully filming him either sitting there for 20 minutes trying to get out, or doing what I, and many many other have to do.
Have I got a chance? - Altea Ego
And i have seen film of a riotus mob killing people.
It still wont make it right or shift the blame. The "everyone does it so its ok" defence, well, it isnt one.
------------------------------
TourVanMan TM < Ex RF >
Have I got a chance? - bjh
Earlier you said:
...unless you can summon up some witnesses
to say the other driver was to blame in some way
(ie putting on make up or using a mobile) I have
to say you look stuffed.


Surely, if I can prove that not only is it common, but even police officers do the same thing, AND that she was not concentrating on the road ahead, then I must be able to convince them that it was not totally my fault?
Have I got a chance? - Dalglish
Surely, if I can prove that not only is it common ..


bjh - whether it is a common mistake everyone makes or not is immaterial. you may have made a mistake and may be 100% to blame. you asked "have i got a chance" and most people here think you do not have a chance.
but unless you give it a go, you will have no chance of proving otherwise. so do try and let us know if you succeed.

Have I got a chance? - Altea Ego
Well no, not really. 90% of people speed, but that does not make it legal in the eyes of the law.

You cant prove she was not concentrating on the road. If an accident investigator look at it, and saw there were no skid marks, he would assumed you shot out in front of her and she had no chance to stop.
With no witness to say "yes he was in the road and she accelerated away from the lights for 90 metres and drove in the side of him" you really havent got a leg to stand on. One thing in your favour is that the police have delined to prosecute you for driving without due care. (tho that might happen)
------------------------------
TourVanMan TM < Ex RF >
Have I got a chance? - bjh
It's the eyes of the insurance company I'm interested in, not the law.

The location of the collision should show that I could not have got into the road that far had I just pulled out in front her, and as there were no skid marks accross the road, I can show that I didn't pull out like a maniac.

So, if I can convince the accident investigator that I was (rightly or wrongly) established in that position, this would suggest that there would have been enough time for the girl to see me. The two reasons she wouldn't have made any skid marks in the road would be:
1) She saw me when I was 90 metres up the road and, at some point, took her foot off the accelerator, thereby slowing enough for the road to be clear by the time she went past the junction.

2) She didn't see me at all, and so instead of slowing down gradually (not using the brake), she stopped very quickly by hitting me (again. not using the brake).

Unfortunately for both of us, number 2 was the reason there were no skid marks.
Have I got a chance? - FotheringtonThomas
It's the eyes of the insurance company I'm interested in not
the law.


It's them you need to talk to. Opinion here seems to indicate you haven't a leg to stand on.
Have I got a chance? - Altea Ego
2) She didn't see me at all, and so instead of slowing down gradually (not using the brake), she stopped very quickly by hitting me (again. not using the brake).

yes but be honest - How likely is that scenario? She drove for a full 90 metres without seeing you AT ALL and drove into you without applying her brakes AT ALL.

come on now its not is it,.

What is likely however is that she saw you, and she assumed you would be out of the way, and when she realised you were not she applied her brakes but not with sufficient force to stop. This is a far more common happening than you or i would credit. a percentage of people - in panic stop situations - dont hit the brakes hard enough. She may even have been speeding before she hit you. Who knows.

The bald facts however are
1/ that you were where you should not have been, and she hit you.
2/ Its a very poor junction.
------------------------------
TourVanMan TM < Ex RF >
Have I got a chance? - Brian Tryzers
Would an ABS-equipped car leave skid marks anyway?
Have I got a chance? - Altea Ego
Not sure, thats a good point. I understand the old bill have some way of seeing where ABS equiped cars start to brake, but I am not sure how. I have seen ( and indeed left after some heavy braking on ABS equiped cars) small black rubber strip marks. Cant say if all cars do that tho.
------------------------------
TourVanMan TM < Ex RF >
Have I got a chance? - Mazda-Man
The point is that you don't have to do it do you? You can turn left and then come back or use Sandy Lane. Agreed it's not brilliant but why insist on doing a right turn which you say takes you 20 mins to exit?
Have I got a chance? - FotheringtonThomas
The point is that you don't have to do it do you? You can turn left and
then come back or use Sandy Lane. Agreed it's not brilliant but why insist on doing a
right turn which you say takes you 20 mins to exit?


There is that... I looked it up on maps.g- and multimap a while ago - but I'm not familiar with the area, so did't comment... however, 20 mins. is a *long* time! Even at 15MPH it's 5 miles...
Have I got a chance? - Micky
Your mistake was not forcing your way into the required lane asap. Learn from this. If the plod report is that your are to blame then you're probably looking at a short ban. Quite right to.
Have I got a chance? - sine
The idea of the girl being completly blameless seems absolutly preposterous to me (but proving you left her enough room to brake is impossible without witnesses or CCTV). Two wrongs don't make a right, maybe she hit you on purpose? The highway code says it takes under 25m to stop from 30mph including thinking time!

She should try driving in India. That junction is nothing compared to the quick reactions required there.

About half way through there is a white Xantia who drives right up to the door of one of the many 106s. Wonder whether thats just to make a point or because they weren't looking? Either way pretty pathetic as the Xantias stupid behaviour really clogged the junction up much more than necessary.

That Merc SLK? towards the end had a rather effective technique:)
Have I got a chance? - boxsterboy
Yes, of course technically you are to blame.

But I will bet a very large sum of money that if the girl's mobile phone records are investigated, they will show that her phone was in use at the time of the accident - she was probably texting her mate and not looking at the road.

The problem is, will the Police have the time or inclination to investigate it? I very much doubt it!
Have I got a chance? - Fullchat
What an interesting discussion. As for the video and aerial photograph - superb. Backroomers can make informed decisions and see exactly the prediciment you were in.
A Police prosecution. I doubt it. " Minor error of judgement" or "insufficiant evidence to warrant prosecution" (CPS Charging Standards).
I understand that you are feeling that the other driver was someway to blame and you accept that you are partly at fault. Not unreasonable.

Your problems are as follows.
1. Her insurance company will want to lay 100% of the blame at your feet. And by the letter of he law and Highway Code they will be right.
2.You have no independant witness to corroborate your story.
3. She can claim you pulled out infront of her later than you say. Lack of skid marks support this. In any event skid marks do wear away quite quickly and it is some time since the collision.

When attempting this kind of manouvre you do need a place of sanctuary and for me it would have been to turn right into the chevrons parallel to the lanes you were entering and then indicate left and slip into your intended lane.
You have my sympathy! Very similar thing happened to me. I pulled across into the filter lane and a car which had just entered the filter lane just kept coming and lit up his tyres at the last minute. He could have easily slowed down to allow the same manouvre with a little bit of courtesy. "Dad whats a banker??"
This type of incident and hit and runs are for me exactly what I pay protected NCBs for. Morally you may be in the right but by the letter of the law ................ Just allows that comfort zone. I think you are going to have to swallow your pride and sense of justice. Accept it and move on.
--
Fullchat
Have I got a chance? - Micky
">Minor error of judgement<"

What, deliberately positioned across a lane of traffic? That's not an error, that's a deliberate action. The OP took a chance, he got it wrong. Ban him, that's what I say.

If 35 in a 30 on a deserted road is worth 3 points then deliberately stopping across a lane of traffic is worth a thorough banning.
Have I got a chance? - Altea Ego
And build a gallows Mickey. Leave the body swinging in the breeze as a lesson to the others..

Why dont you chage your handle to Judge Jeffries!
------------------------------
TourVanMan TM < Ex RF >
Have I got a chance? - Cliff Pope
Look again at the film; some waited and some did'nt. Those choosing the safe option did not
as far as I could see cause an obstruction.



All of them could have been put into the position of causing an obstruction if the on-coming driver had been asleep or deliberately intent on being provocative.

Picnic on a busy suburban junction? might be your cup of tea it's not mine!


Sorry - poor joke. It was intended as a reference to the likelihood of having to wait a very very long time if one were going to follow the strict rules.
Another time I'll say "put your feet up and read the newspaper", or perhaps "take the opportunity to go round the car and do some touch up work on the stone chips".
Have I got a chance? - L'escargot
bjh,

Assuming that the other driver didn't see your car it would be interesting to know what colour your car is/was.
--
L\'escargot.
Have I got a chance? - Micky
">Why dont you chage your handle to Judge Jeffries!<"

Yes! That has a certain ring to it. "

"So, how do you plead? Guilty or very guilty? It is the verdict of this court that the accused is guilty, now let the trial commence."

Hanging is far too excessive, ordeal by water would be much better. Now what did I do with that copy of the Daily Flail?
Have I got a chance? - Brian Tryzers
...ordeal by water would be much better

I misread that as 'ordeal by waiter'.
"Hi, my name is Micky and I'm going to be your server today. Our specials are red snapper in a sauce with too much cream in it, and chicken Maryland, which I'd avoid because the chef sneezed while he was cooking it. Oh, and seventeen other items we like to call specials but which probably come out of the freezer, but I'll recite them all anyway. I'm really an actor, you know."

Or worse: "Welcome to [insert name of British roadside restaurant chain here] Would you like a mug of warm water with a teabag and some cartons of UHT milk, or a sophisticated cafetiere of coffee so thin you can read a newspaper through it even though the jug is made of smoked plastic?"

Have I got a chance? - Altea Ego
ROFL
------------------------------
TourVanMan TM < Ex RF >
Have I got a chance? - Micky
"> I misread that as 'ordeal by waiter'. <"

I trust you're not driving with such appalling eyesight.

"Hi. my name is Will de Beast, and I'm going to be your customer for today. My specialities are pomposity, a grossly over-rated view of my comedic talents and living in a dream world. I also think I'm very important, although that should be obvious to all."

And you've missed out the accent in Cafetière.
Have I got a chance? - Brian Tryzers
Well, it raised one titter at least. Micky, please calm down and try not to take things so personally - what I wrote above wasn't a personal dig at you, or even at your expense. I only borrowed your name for my imaginary waiter because it was your post that had inspired the idea in the first place - just an idea that amused me and, I hoped, might amuse some others here. No offence intended, and certainly no cause for you to come back spewing personal abuse at me.

And if I've scored an unintentional hit, I'm sure you're a very good waiter and not like my archetypes at all.

}:---)
Have I got a chance? - hillman1 {p}
I think you probably raised more than one laugh. I thought it was very good!
Have I got a chance? - Micky
">and certainly no cause for you to come back spewing personal abuse at me. <"

Personal abuse? What personal abuse? Oh I see, you think that Will de Beast is you? No, not at all, different spelling you see. Must be your poor eyesight, or is it a case of happy to dish it out but can't take it back?

">And if I've scored an unintentional hit, I'm sure you're a very good waiter <"

Err, no. I would fail the job interview because I can't stand pompous customers. Will, do you know what pompous means?
Have I got a chance? - L'escargot
But I will bet a very large sum of money that if the girl's mobile
phone records are investigated they will show that her phone was in use at the
time of the accident - she was probably texting her mate and not looking at
the road.


Judge: "The court should completely disregard the outburst from the public gallery. There is no place for wild suppositions from any party, either in this case or in any other."
--
L\'escargot.
Have I got a chance? - GroovyMucker
HHJ L'Escargot is right about surmise. And how will you prove the time of the collision so as to synch with "phone time' (so that you prove she was on the phone at the time of the accident rather than 2 minutes = a mile perhaps earlier)?

1. She drove into you and there are no skid marks.

2. There are no independent witnesses.

3. She presumably says you pulled out in front of her, giving her no time to brake.

4. You were where you shouldn't have been.

5. The insurance companies will work on the balance of probability. I can't see them even considering a fight on this one.

Conclusion: Your fault. Bite the bullet!

Have I got a chance? - No FM2R
>>The question is: have a got a chance of convincing the insurance company that I should not take 100% of the blame?

Somewhere between none and naff all. Mostly because the accident was your fault.

In any case even if you could reduce it to 75%, what difference do you envisage that making to anything ?
Have I got a chance? - Lud
From his description of the incident, the OP was not to blame at all, the driver of the other car was. Whether the other driver caused the crash deliberately - remember, some do - or simply by driving without due care and attention is not clear.

The OP's problem is lack of proof. He needs a witness or two. In their absence, he will have to take what the insurance companies decide. And that, in my experience, is always or nearly always quite painful.
Have I got a chance? - bjh
So could I happily drive down the road not worrying about other vehicles ahead, as long as they've come from a side road?

Should anyone be across my lane for a few seconds, do I need to do anything at all like take my foot off the accelerator a little, or is it fine for me to smash into them, knowing that it will be 100% their fault and my no claims bonus will remain unaffected?

Have I got a chance? - paulb {P}
Should anyone be across my lane for a few seconds do I need to do
anything at all like take my foot off the accelerator a little or is it
fine for me to smash into them knowing that it will be 100% their fault
and my no claims bonus will remain unaffected?


I'm sure that's TIC, but nevertheless the answer to it should really be the same as the answer to the question "Do I want the expense (whether receoverable or not), aggravation and general woe that follows from having an accident?" If some other git on the road does something inexplicably silly I do whatever it takes to avoid them. I'm not interested in whose right of way it was or whose fault it is/would be/might be/ought to be. Even if I was 100% in the right I'd still have a pranged motor.

As others have said, your issue here is lack of witnesses. I can't think of any earthly reason why the other driver apparently did nothing at all to avoid an accident, either. Speculation on possible mobile phone use shortly beforehand may well be accurate but obviously can't help you.

Even if you could show that the other party made no attempt to avoid a collision, I should imagine that all you'd succeed in doing would be to reduce your liability, rather than extinguish it entirely, as you were the party emerging from the side turning and thus technically in the wrong. Utterly utterly galling, I know - I have to turn right out of a junction onto a busy main road every morning, and I therefore sympathise.
Have I got a chance? - No FM2R
Oh I see, you only want one type of opinion, you should have been clearer.

You asked if you have a chance, you have none. If you had God himself as a witness it would still be mostly your fault. So even if you reduced your fault, what difference do you envisage that making ?

If I am sat still and a car is about to smash into my rear and assuming that there was a layby I could pull into, is it partially my fault if I do not ? No.

If someone pulls across me and consideres that I have plenty of time to brake, is it my fault if I do not brake ? I do not believe so, and certainly not more than a small portion. Even if you could prove it, which you cannot.
Have I got a chance? - Lud
If someone pulls across me and consideres that I have plenty of time to brake
is it my fault if I do not brake ? I do not believe so
and certainly not more than a small portion.


See bjh? Some people cause crashes deliberately, and then say it isn't their fault.
Have I got a chance? - Micky
">Oh I see, you only want one type of opinion, you should have been clearer.<"

Mark, I have to ask this, it's been nagging me for quite some time.

Are you John Cleese?
Have I got a chance? - Lud
Are you John Cleese?


I think you mean, is he Basil Fawlty?

John Cleese is just an actor and has no known characteristics.
Have I got a chance? - Micky
">I think you mean, is he Basil Fawlty? <"

Do you think he's Basil? That's certainly a possibility. Have Basil and Mark - in whatever guise he should choose to use - ever been seen in the same room at the same time? I think we should be told.
Have I got a chance? - No FM2R
>>>Have Basil and Mark ............ever been seen in the same room at the same time?

Yes.
Have I got a chance? - Lud
John Cleese is just an actor and has no known characteristics.


Except one. He nudged the front wing of my car with a carrier bag in Linden Gardens once and it clinked loudly as if containing at least two bottles. Of course that was many years ago.

He did look very like Basil Fawlty actually, except for that furtive air well-known faces put on in public to deter idiots from rushing up to them and discussing their marital affairs as retailed by the tabloids, or demanding a cabaret performance then and there.
Have I got a chance? - Micky
"> He nudged the front wing of my car with a carrier bag in Linden Gardens once and it clinked loudly as if containing at least two bottles. Of course that was many years ago. <"

Buying for Graham perhaps? Why is it that the very best are seized by drink? Peter Cook being the prime example.

So if Mark is Basil, who is Sybil?

">demanding a cabaret performance then and there.<"

But that's the price to pay, Fawlty Towers reaches out to teenagers today, and what an example to set to all the dross-mongers pedalling their over-rated wares to sundry TV channels. 12 epsiodes and that's it. No more. I particularly enjoyed reading the account of the Pythons staying in a south coast hotel managed by the proto-Basil. They all left following several incidents, except for Cleese who remained to take notes.

I would pay good money to stay at Fawlty Towers. Interesting BL cars from the era as well. Cough.
Have I got a chance? - Micky
The pulling out into traffic thing is a standard procedure for driving in London, but it's still taking a risk. In this instance it was a risk that didn't pay off.

Although oddly enough, if your car were to breakdown as you negotiated the junction prior to the collision then perhaps it would be regarded as 50/50. Just for interest's sake, what make of car do (or did) you drive?
Have I got a chance? - L'escargot
bjh,

I'm still interested to know whether your car is/was a highly visible bright colour or a dark/grey colour which blends in with the tarmac.
--
L\'escargot.
Have I got a chance? - bjh
It was silver. I think I would have seen an object the size of a car in the road had I been the girl though.
Have I got a chance? - bjh
I had a Pug 306
Have I got a chance? - Avant
92 posts and counting - but I still can't see this in anything but the simple terms that according to BJH the police did -

"The police turned up about 5 mins later. They said they could see what had happened but they would have to put down in their report that I was at fault because I was blocking the oncoming vehicle's lane."

I think the insurance company will see things in the same way - the young girl was on the main road and had right of way. Therefore the person coming out of the minor road is to blame.

I sympathise - I think patience is an overrated virtue - but this sort of thing is a risk that people quite understandably take, but can't complain too much if it doesn't come off.

I'd be all for turning left and then turning round and coming back at the next suitable junction.