Volkswagen Golf - Whose fault?

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Sun 25 Nov 2018 22:42
Volkswagen Golf - Whose fault? - Nick Dra

I would like some advice please - was driving on a dual carriageway in London, speed limit 40. At traffic lights, I changed lanes from middle one to slow lane. Indicated, waited for the car on my left to drive past then changed lanes. My car was about 80% on the lane when a car parked on the side of the road starts moving onto my lane. I quickly steer right to avoid it, but still made a scratch on my back left wing and there's also a scratch under his right headlights.

Now I have dash cam footage showing all this and initially thought it was clear cut that he is at fault. However, we both indicated and my friends raised some doubts because of that.

However, he pulled out onto a main road and he also scratched the back of my car, not the front as I luckily avoided it. He had a rental and was apologetic but couldn't tell whose fault it was either... he said that if it was his car he'd ignore it but the rental company will definitely try to claim now. Am I right thinking it must be his fault and I shoudn't be liable for this?

Thanks!

Edited by Nick Dra on 25/11/2018 at 22:43

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Sun 25 Nov 2018 22:59
Volkswagen Golf - Whose fault? - focussed

Merely indicating to move off from a parking place does not mean that the vehicle has priority over other traffic.

Indicating "indicates" to other road users what you about to do, having previously checked that it's safe to do it.

So it looks like the driver of the other car is in the wrong.

Rule 159 UK Highway Code

Before moving off you should

  • use all mirrors to check the road is clear
  • look round to check the blind spots (the areas you are unable to see in the mirrors)
  • signal if necessary before moving out
  • look round for a final check.


Move off only when it is safe to do so.

Edited by focussed on 25/11/2018 at 23:00

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Mon 26 Nov 2018 09:03
Volkswagen Golf - Whose fault? - gordonbennet

These types of incidents when two people go for the same space at exactly the same moment are very difficult to pin blame on.

In these circumstances i would expect both parties to agree to fix their own damage, though once away from the scene attitudes often change, the costs and trouble involved once the claimsRus accident no-help people start their tricks will benefit no one but the claims management bods.

All you can do is submit your footage and explanation to your insurer and leave them to it, i would hope the insurers would agree on a knock for knock basis before credit hire cars @ £stupid per week loaned out and that £200 total via dentman becomes £10k, and that's before the injury compo mob crawl out from under their stone.

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Mon 26 Nov 2018 18:58
Volkswagen Golf - Whose fault? - focussed

"These types of incidents when two people go for the same space at exactly the same moment are very difficult to pin blame on"

As I outlined, failing to move off safely from a stationary parked position onto a dual carriageway is not quite the same as two drivers going for the same space. But how the insurance companies will look at it is another matter.

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