Ford transit - Stationary sitting over giveway roadmarkings - Fleabie36

This evening i approached a Give Way junction onto a main road and stopped. I had to creep and peep to see down the road to my left past houses, so was about a foot over the junctions spaced lines, looking down the road right I saw a car approaching with indicator on to turn left into the road im waiting to pull out of, so I put my breaks on and sat stationary. The car did not turn on approach but continued straight clipping the corner of my drivers side bumper and scraped all along the front of it, crumpling the bumper and shredding my number plate. Both the cars airbags went off and their passenger front wheel pushed back. Can you please tell me who is at fault? Am I at fault due to being sat over the giveway road markings? Any info would be good tia.

Ford transit - Stationary sitting over giveway roadmarkings - Bromptonaut

Failure to observe on the part of the other driver. You were ready to Give Way and did. Provided you were doing a creep/peep and he had adequate time to steer or brake then I think you've a good case.

If you need to rely on his indicating left then less so. All the indicator indicates with certainty is that its bulb is working.

Edited by Bromptonaut on 28/12/2022 at 08:56

Ford transit - Stationary sitting over giveway roadmarkings - Fleabie36

Thank you for responding Bromptonaut. The peep and creep was definitely used to allow me to see down the left and right of the main road. Left past houses as the road is blind and right as a bus shelter stops the view of traffic coming up over a small hill to around 750 metres of flat road. My Brakes were applied as soon as headlights seen coming from the flat road on the right. Although their indicator was on, my foot didn't leave the brake fortunately, as they didn't turn (i dont trust indicators). They told me and the police I drove into them, but I never moved. Their side airbags didn't go off only the front ones as they hit the corner of my bumper with theirs, photos show this. From your response, sounds like I may not need to forfeit the excessive amount of excess to my insurers. Fingers crossed. Thanks again.

Ford transit - Stationary sitting over giveway roadmarkings - Andrew-T

Taking all the info given at face value, my comments would be [a] if you were only a foot over the stop-line the other driver was travelling very near the 'kerb' and should have been able to avoid a collision, and [b] if you did not see his indication begin (you just noticed that his signal was showing) you should not have moved forward on the off-chance. On balance I would place more (but not total) blame on the signalling driver.

Ford transit - Stationary sitting over giveway roadmarkings - Fleabie36

Thanks Andrew-T. Their indicator was on from the car coming into full view but I had already crept out and not moved at all, I was completely stationary even when the car hit me and pushed my van along, my foot was still on the brake. I'm still trying to comprehend as to why they didn't avoid me as there was no other traffic on the road either way and well lit road. Possibly excessive speed on a 30 road or not paying attention. Police told me I could leave the scene, other driver was taken into a police van that arrived.

Ford transit - Stationary sitting over giveway roadmarkings - Bromptonaut

Other driver was taken into a police van that arrived.

To my mind that suggests they failed either a roadside breath test or a drugs test.

Let your insurers know exactly what happened, including that last bit, and see what they say about liability.

Ford transit - Stationary sitting over giveway roadmarkings - Fleabie36

Thank you, most definitely will, information you have provided has been invaluable, thank you very much.

Ford transit - Stationary sitting over giveway roadmarkings - Gerry Sanderson

Traffic Signs and general directions state that a give way line on the road should not be crossed if it causes another vehicle to brake or change course.

Only you and the other driver are aware if this was infringed?

dvd

Ford transit - Stationary sitting over giveway roadmarkings - Bromptonaut

Traffic Signs and general directions state that a give way line on the road should not be crossed if it causes another vehicle to brake or change course.

Only you and the other driver are aware if this was infringed?

dvd

I would not expect that to preclude a creep/peep manoeuvre in order the acquire sufficient visibility to know whether another vehicle might be caused to brake or change course.

Ford transit - Stationary sitting over giveway roadmarkings - Andrew-T

I was completely stationary even when the car hit me and pushed my van along, my foot was still on the brake. I'm still trying to comprehend as to why they didn't avoid me as there was no other traffic on the road either way and well lit road.

In that case it seems quite likely that the indicator had been 'on' for some distance, and the other driver had no intention of turning. Faulty cancellation ?