Ford Mondeo - car accident - opinion on liability

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Sat 19 Dec 2015 18:31
Ford Mondeo - car accident - opinion on liability - fiestafantastic

Hi

Wanting to check who has liability legally. At a junction I had right of way, flashed a car from the right to enter my path. A second car also came into the path with no indication from me to do so which I hit. Is he liable?

Thanks

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Sat 19 Dec 2015 19:17
Ford Mondeo - car accident - opinion on liability - RT

How do other drivers know which car you're flashing - the 2nd car may have thought you were flashing them ?

The legal status of a flash is simply to make other drivers aware of your presence.

IMO, if you flashed to let one car go and hit the 2nd car, then some of the liability is yours - let the insurers sort it out.

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Sat 19 Dec 2015 20:18
Ford Mondeo - car accident - opinion on liability - FP

My initial reaction is to blame the driver who pulled out. He would have a very hard time justifying doing so.

E.g. "The other driver flashed his lights and I though that meant I could pull out." That does sound pretty feeble.

Or, "The other driver flashed his lights and the car in front of me pulled out, so I just followed." That seems even more feeble.

As you say, RT, flashing your lights doesn't mean a great deal and that is why the second driver who pulled out shouldn't have done so. Even the first was taking a chance and would need to be sure the OP was waiting for him.

Edited by FP on 19/12/2015 at 20:18

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Sat 19 Dec 2015 20:58
Ford Mondeo - car accident - opinion on liability - gordonbennet

Its dodgy ground i suspect, our driver trainers at work on our annual assessments instruct us not to flash or wave anyone at all, the advice is by all means slow or allow a gap for someone to proceed but do not offer any sign of assisting or you are inviting some responsibility should anything go wrong.

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Sat 19 Dec 2015 22:59
Ford Mondeo - car accident - opinion on liability - bathtub tom

Isn't there something that if it's your right of way, but you surrender it, then you lose that priority?

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Sun 20 Dec 2015 04:25
Ford Mondeo - car accident - opinion on liability - fiestafantastic

My issue is that if its given to the first car is it then implied for the second?

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Sun 20 Dec 2015 08:14
Ford Mondeo - car accident - opinion on liability - RT

I'd guess it's 25:75 through 75:25 and unless there's injury claims involved insurers are likely to go 50:50 as the time spent negotiating the exact % split would cost more than just taking the hit.

The reality is that BOTH cars should have given way to you if you had priority - it seems that you that's tried, helpfully or not, to change that in a way that wasn't clear to other traffic.

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Sun 20 Dec 2015 10:28
Ford Mondeo - car accident - opinion on liability - galileo

If you were prepared for the first car to pull out, should you not have seen the second pulling out and been able to stop?

This could be the insurer's argument for your partial liability, not saying it is fair, but it may be their view.

These days people do pull out of side roads into what may be a marginal gap (this includes tractors on fast DCs, which can test your reactions and brakes if you weren't prepared).

Edited by galileo on 20/12/2015 at 10:30

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Sun 20 Dec 2015 13:01
Ford Mondeo - car accident - opinion on liability - Andrew-T

How do other drivers know which car you're flashing - the 2nd car may have thought you were flashing them ?

Exactly. There's a junction on the A56 near here (in a small town) where many drivers seem to make up the rules, just to 'help' another waiting. Quite often this causes confusion and hesitation, thereby increasing delay for other drivers.

If you have the right of way, it's better and safer to exercise it. Others should at least know what to expect. If all are stationary, and there can be no ambiguity in your flash, maybe OK. Otherwise drive 'normally'.

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