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Car accident opinions - conor111

I had a car accident recently and am currently going through the process and I'm looking for opinions on the outcome.

I am going through his insurance as a non fault claim. The photo uploaded shows what happened.

Im the black line, i was coming out of the petrol station across the junction into Kneele Gardens, the third party was coming from Kneele Gardens, which was on a green light (he says) at the time, and turning right on to the main road across my path. The traffic light is a normal red, amber and green.

www.imageupload.co.uk/image/Em3v

Opinons would be appreciated. Thanks!

Edited by conor111 on 05/03/2018 at 19:54

Car accident opinions - bathtub tom

You were leaving the filling station via the entrance (not the exit) so you had no vision of any of the three sets of traffic lights?

Had you left via the exit, you would have to only deal with traffic from one direction.

Car accident opinions - conor111

Hi, you can leave from either side. From where i was i have vision of the traffic lights controlling both left and right traffic. I also have a clear view straight ahead to the opposite road. Thanks

Car accident opinions - RobJP

I'm not sure exactly how you could find yourself in a position where you were leaving the garage as you were. You are on a dual carriageway, and would have needed to have made what is an incredibly tight a 'U' turn - probably a 3 point turn, into the garages 'normal' exit route, to find yourself exiting as you were.

Very noticeable that the images on Google Earth Street view show all the vehicles facing what I would view as the 'normal' way.

I suspect you will find yourself being held liable.

Car accident opinions - conor111

Hi, the accident was in the evening so very little traffic at the time. Spekaing with the garage workers people do use both as exits/entrances depending on the directiion they intend to leave.

Would you not consider the other driver to not be paying attention as he should have seen and given way to oncoming traffic given where the crash was? Thanks.

Car accident opinions - RobJP

Ahh. I think I see the problem here.

You want people to agree with you : that it was the other person's fault.

You aren't interested in any other viewpoint or 'opinion', because it doesn't agree with what YOU think.

I think you should have probably made the thread title "Car accident opinions (as long as they agree with my viewpoint)"

Car accident opinions - conor111

Seeing as my insurance has said it is non fault claim for me i am not looking for people to agree just looking to see opinions. Sorry im adding missing info as i go as i didnt put everything my original post. (i dont mean to seem like im arguing).

The first reply i had to correct as what he said was untrue.
The second reply seemed to only focus on the fact i was leaving a petrol staiton which is completly legal to do.

Car accident opinions - bathtub tom

I don't see how you got yourself into the position of leving the filling station the way you did. If you'd used the pumps, then you would had to reverse out into the paths of any vehicles entering the station. If you'd parked before the pumps, you'd have to turn across any vehicles entering the station. I can't imagine anyone using what is obviously the exit to enter the station.

I can only presume you tried to save yourself driving a few hundred yards around the roundabout to enter Kneele Gardens and as a result you now have the hassle of dealing with an insurance claim. Was it worth it?

Car accident opinions - focussed

That junction should be treated as an unmarked crossroad coming from the garage, assuming both L and R lanes from the dual carriageway were being held by the TL's.

www.highwaycodeuk.co.uk/answers/who-has-priority-a...s

Neither you or the car you collided with had priority, although i would say that the driver of the car exiting from Kneele Gardens could have observed that your car was not signalling so intending to drive straight on, and given way to you - but that doesn't happen in reality anymore!

I notice that you have inserted a centre-line marking projected from the centre-line of Kneele Gardens into the junction in your image, which is not there on the google map images dated July 2016.

50/50 liabilty split IMHO.

Car accident opinions - conor111

Hi yes reading up on the highway code it also says "179

Well before you turn right you should

  • take up a position just left of the middle of the road or in the space marked for traffic turning right
  • leave room for other vehicles to pass on the left, if possible.

180
Wait until there is a safe gap between you and any oncoming vehicle. Do not cut the corner. Take great care when turning into a main road; you will need to watch for traffic in both directions and wait for a safe gap.

But yes i inserted the centre-line due to where the crash happenes. As it looks like he cut the corner by quite alot so i wanted to highlight that. Thanks for all the replies.

Edited by conor111 on 05/03/2018 at 22:44

Car accident opinions - conor111

www.learnerdriving.com/ld-system/driving-lessons/c...m Also if you have a look at this it refers to unmarked cross roads stating "Neither road is the major road therefore proceed with extreme caution and be prepared to stop. Anticipating the actions of other drivers and driving at a speed that enables you to stop is critical. Priority regarding oncoming vehicles is not changed."

Car accident opinions - FiestaOwner

www.learnerdriving.com/ld-system/driving-lessons/c...m Also if you have a look at this it refers to unmarked cross roads stating "Neither road is the major road therefore proceed with extreme caution and be prepared to stop. Anticipating the actions of other drivers and driving at a speed that enables you to stop is critical. Priority regarding oncoming vehicles is not changed."

This is not a set of unmarked cross roads. All the other road users had traffic lights to observe. You didn't!

If the other roads all had red lights, you would have been making your manouvre when the pedestrian phase was in progress!

While I accept that you didn't go through an actual no entry (or no exit) sign, it's obvious that the logical (and intended route) is is to enter the filling station at the 1st junction (the one with the traffic lights) and exit via the 2nd junction (ie the one without traffic lights for any road user).

Can't see the 3rd party insurer paying out. It looks to be well and truly your fault. You should have used the proper exit and turned back at the roundabout.

Car accident opinions - Bromptonaut

While the OP's route out of the filling station was unconventional he wasn't, so far as we can see, contravening any signage. That does not make him automatically liable; position for right turn man is analagous to that of hitting an illegaly or stupidly parked car.

The car turning right had a green light, but it's a straight green not a filter so even if traffic emerging from garage was light controlled he didn't have any protection or right of way. OP's car would have been clearly visible and possibility of it proceeding straight on into Kneele Gardens should have been obvious. Nonetheless he carried on.

Insurer though may say OP was making an unusual manouevre and should have been prepared to stop. Anyone using defensive driving techniques would have been alive to possibility that right turner migh 'look and not see' and be watching him like a hawk.

OP not 100% liable but will be lucky to get full payment on account of his own failure to anticipate. 75% right turner/25% OP.

Car accident opinions - Avant

Reading through the thread I was waiting for someone to say what Bromptonaut has just said. Both parties should have seen each other and proceeded with caution: but I'd have thought that the onus is on the driver turning right not to do so if there is a car coming in the opposite direction.

If your insurer is saying it's not your fault, go along with it and let them fight the other insurer.

Edited by Avant on 07/03/2018 at 00:06

Car accident opinions - SteVee

That's a very considered and thoughtful response, Bromptonaut. I doubt that the insurers will look that far. Regardless of signage, both drivers were facing each other and should not have collided, both are liable - unless dashcam footage shows otherwise. I understand the OP's comments - but I also wonder what the other driver may be posting.

Car accident opinions - Brit_in_Germany

From the satellite image of the junction, the exit from the garage is more in line with the traffic from Kneele Gardens than the entrance to Keele Gardens so you would have to drive across his lane to exit. He is a vehicle on the road whereas you are joining the road and that gives him some degree of priority but nevertheless presumably could have avoided you if he was concentrating. To me looks like knock for knock - you shouldn't have joined the road and he should have taken avoiding action.

Car accident opinions - Bromptonaut

From the satellite image of the junction, the exit from the garage is more in line with the traffic from Kneele Gardens than the entrance to Keele Gardens so you would have to drive across his lane to exit

I'm not seeing that provided OP was (as his diagram broadly shows) on left side of forecourt access.

Part of problem is that right turn man appears to have cut the corner. If he'd done as he should and gone further towards filling station then made a 90 degree turn he'd probably have been OK.

*Cutting corners is a particular bugbear of mine. Over forty years since I passed my test and I can still hear my instructor's dulcet tones telling me not to turn into the expletive road until I could see down it.

Car accident opinions - conor111

I will update with the outcome once the claim has been settled

Car accident opinions - oldroverboy.

I'm with the OP on this. He was going straight ahead. The other driver turned right across s him. Can you upload a hoto of your damage?

Edited by oldroverboy. on 07/03/2018 at 12:44

Car accident opinions - conor111

I'm with the OP on this. He was going straight ahead. The other driver turned right across s him. Can you upload a hoto of your damage?

www.imageupload.co.uk/image/Emw1

Car accident opinions - HGV ~ P Valentine

I can't see the clip so wil comment on it later, but I have to ask that must be a very unique set of lights since they only go 1 of 2 way ....

Red, Flashing amber, Green ~ amber, red

or

Red, Red/Amber together, Green ~ Amber Red

Car accident opinions - HGV ~ P Valentine

Had to go to google maps but I see, there is not a hope in hell of you not being made 100% at fault, 2 main reasons.

1 .. There is not a chance that they would have you facing oncoming traffic to exit that petrol station to do a 3/4 turn onto a one way road, the exit is deliberatley angled to face the right direction like in roundabouts to give people a clue as to which way to go, even if the garage wanted to the highways people and planing permission would not have been granted It is simply too dangerious esp considering the speed of the traffic should the lights be on green on that road.

2 .. As the other guy said the angle of the kerb would suggest that its an entry only as you would have to be facing oncoming traffic to exit from there due to the angle of the kerb.

The fact there are other drivers doing it does not let you off the hook, other drivers do all sorts of stupid things on the road, are you going to do likewise as well, and try and claim its ok because others are doing it ?

The correct way is to leave at the other exit and come about on the roundabout to turn left into Kneele Gardens, you tried to be "lazy" behind the wheel and got caught out, most petrol stations are one way these days even if its not marked.

Whatever light he was on is beside the point as well, he was coming from your right so he had right of way, even if he was on a turn, it is your responsibility to make sure nothing is coming from the right before pulling out of ANY JUNCTION, if its not your immediate right. It is also your responsibility to make sure that you can exit without causing ither road users to change speed or direction, also ON ANY JUNCTION.

I am surprised the garage has not put a no entry on the exit to tell people to use the other side to exit.

(Insults deleted)

Edited by Avant on 10/03/2018 at 00:09

Car accident opinions - Gibbo_Wirral

The correct way is to leave at the other exit and come about on the roundabout to turn left into Kneele Gardens, you tried to be "lazy" behind the wheel and got caught out, most petrol stations are one way these days even if its not marked.

Yep, I bet people go out the "wrong" way because they don't want to get trapped on the dual carriageway to have to turn back to get down Kneele Gardens.

Just because the garage has reported others have done it doesn't make it right.

Car accident opinions - galileo

Am I the only one to notice that the picture of the junction the OP uploaded is titled "HASTINGS ROAD LAYOUT" but is actually in Plymouth. Took me a few minutes to find it for a good look on Google Earth.

Car accident opinions - conor111

My insurer is hastings

Car accident opinions - galileo

My insurer is hastings

Thank you!

Car accident opinions - Bromptonaut

My insurer is hastings

I wouldn't place too much weight on post from '30yr's a Professional Driver'. There's ample doubt from his posts here to cast doubt on Professional meaning anything more than that he makes his living behind the wheel.

Car accident opinions - Avant

Agreed. I have deleted the worst of his insults, and if he does anything like this again his account will be disabled.

Car accident opinions - oldroverboy.

In fact, if you look at some of 30 years videos on you tube under his real name...