Ford Fiesta Van - Accident - whose at fault legally ?

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Sun 1 Jun 2014 22:54
Ford Fiesta Van - Accident - whose at fault legally ? - austinambassadoryreg

Hello all, Hope someone here has been in a similar situation or understands the legal position i'm in with regards to this incident...

About a year ago I was waiting in a minor road to turn left onto a busy road with bank holiday traffic ..looked left..right..left again...edged out a couple of yards into the road to get a better getaway..

Looked right again and an Astra does an emergency stop and comes to a halt ....me felt slightly bemused as there was plenty of space for him to pass by but he probably thought I hadn't seen him. I had and my foot was on the brake when he came to a stop when i did another check to the right.

Then disaster..a few seconds after witnessing the emergency stop a Mercedes turns right into the junction (i was trying to get out of) at speed and without stopping and clips the astra's rear bumper against both his offside doors.

So both the astra and Mercedes have damaged cars and my car is undamaged.

I exchange details with the drivers thinking i might be needed as a witness..

Anyway about a year later I have been asked to complete an accident report form by my insurance company asking me to give details, driver in charge of the vehicle at the time of the accident etc.. Legally am I admitting some liability if I fill this in as my car was undamaged. Should I ask for a form to give a witness statement instead?

Maybe I should have just driven off as there was no contact with my car ?

A call to the insurance company tells me that the other drivers are trying to blame me for the accident. Advice please and sorry about the long post!.

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Sun 1 Jun 2014 23:39
Ford Fiesta Van - Accident - whose at fault legally ? - Galaxy

The driver of the Mercedes is at fault, he hit the Astra which was stationary at the time.

With virtually no exceptions, if you hit a vehicle which is stationary it's your own fault.

In what you've described the Mercedes was the only vehicle that was moving.

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Sun 1 Jun 2014 23:40
Ford Fiesta Van - Accident - whose at fault legally ? - RobJP

I'd suggest you contact your insurance company and explain pretty much as you have done here. Explain (IN CAPITAL LETTERS, as insurance company people can be a bit dim) that the Merc failed to take the turnat a reasonable speed or properly, and struck the Astra. Your part in this was as a witness. Therefore you are enquiring as to why you have been sent this form, as you were only a witness, and were not involved in the accident.

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Sun 1 Jun 2014 23:54
Ford Fiesta Van - Accident - whose at fault legally ? - focussed

I suggest that you do not fill in and return the accident report form but instead write the insurance company a letter headed "Without prejudice" in bold, and give all the details of the accident.

This means that you are cooperating with the insurance company but that the information that you give cannot be used against you.

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Mon 2 Jun 2014 07:27
Ford Fiesta Van - Accident - whose at fault legally ? - Armitage Shanks {p}

Further explanation of the use of the phrase, here tinyurl.com/omy87s2

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Mon 2 Jun 2014 15:21
Ford Fiesta Van - Accident - whose at fault legally ? - coopshere
Legally you may have been involved in an accident, see link for definition:

www.legislation.gov.uk/ukpga/1988/52/part/VII/cros...t

The argument could be that it was caused by your actions initially, had the Astra not stopped because of your actions then it would not have been hit by the Mercedes. You can deem to be involved even if you have no damage or injury. If your insurance company take that view then you will have to do as they ask if you want to be covered or represented by them in any subsequent claim against you. If you don't do as they ask then they will not represent you and any subsequent legal action against you will be at your expense.

If you genuinely feel that you are not to blame and you want your insurance company to cover you then write about what happened in great detail explaining what happened and who and why you feel is to blame. Include diagrams and photographs of the junction if possible.

Good luck.
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Mon 2 Jun 2014 19:07
Ford Fiesta Van - Accident - whose at fault legally ? - austinambassadoryreg

Thanks all for the advice much appreciated.

I spoke to my insurance company and they basically said that the other partys were 'trying it on' in putting the blame on me and that they would fight the case on my behalf. I'm just concerned that if i fill in the accident report form (sent by my own insurance company) i'm admitting that I was involved in an accident in the eyes of the law and not just a witness. So I think I will go down the route of writing a letter.

I just hope they take the view that the Mercedes driver should have checked his path was clear before undertaking the left turn.

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Tue 3 Jun 2014 08:42
Ford Fiesta Van - Accident - whose at fault legally ? - Dwight Van Driver

Minor Road/Major Road - was there white line GIve Way road markings?

If so then have a look at Traffic Signs and General Directions (Tinyurl b9kq) to see what the implications of these marks are. In a nut shell - do not cross if to so it caused a vehicle on the major road to brake or reduce speed, You state you edged forward????????? Over the line - then bame on you?????

As to the Merc possible also blame but will depend how long between the completion of the edging forward and its contact.

Very wise to exchange details because if you didn't then offence not to do so. Remember owing to the presence of a vehicle on a road an accident occurs............ .

dvd

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Tue 3 Jun 2014 12:08
Ford Fiesta Van - Accident - whose at fault legally ? - 72 dudes

As to the Merc possible also blame but will depend how long between the completion of the edging forward and its contact.

dvd

I think this is the key - if the Astra coming to a halt followed by the Merc making contact was anything less than 5 seconds, you may be culpable if not strictly to blame.

But go with the letter first and please do come back and tell us what happens.

Edited by 72 dudes on 03/06/2014 at 12:08

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Fri 6 Jun 2014 09:37
Ford Fiesta Van - Accident - whose at fault legally ? - austinambassadoryreg

There were no give way lines on the junction..they maybe used to be but they have completely worn away.

Regards to the edging forward, is the definition of over the line the corner of the bumper or a wheel over (the imaginery line in this case as there are no markings). I guess it's just their word against mine over whether a part of my car crossed it. There were pedestraians on the pavement so i would have had to get the cars nose well into the corner to see past them.

Even so the accident with the merc happened several moments after stopping ..there was a filter lane he didn't stop in to make the turn.

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Sat 7 Jun 2014 08:47
Ford Fiesta Van - Accident - whose at fault legally ? - bananastand

I say chaps, could you clarify - the Mercedes hit the Astra's rear? In other words it went round the back of the Astra?

To endorse what others have said, I would write the letter, you are not obliged to fill in some daft form. And don't forget the Without Prejudice bit.

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Tue 10 Jun 2014 21:04
Ford Fiesta Van - Accident - whose at fault legally ? - austinambassadoryreg

Sorry for my late reply on this banana..yes the Mercedes moved out of the filter lane without stopping and turned right around the back of the Astra hitting it's rear bumper. Both drivers doors of the Merc were also creased.

Sent the letter just waiting to hear back from the insurance company..thanks all for the help much apreciated .

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