Looking at it on Google Earth then the other driver appears to have no right to be in a position to collide with you as the diagonal hatching is there to protect the right hand turn lane into the road from which you were emerging and is therefore a lane with priority in the opposite direction to the third party, it doesn't actually turn into a right hand turn lane for Morrisons until after the junction with your side road.
With regard to the other driver being in the diagonal hatched area then Highway Code Rule 130 applies:-
130
Areas of white diagonal stripes or chevrons painted on the road. These are to separate traffic lanes or to protect traffic turning right.
- If the area is bordered by a broken white line, you should not enter the area unless it is necessary and you can see that it is safe to do so.
- If the area is marked with chevrons and bordered by solid white lines you MUST NOT enter it except in an emergency.
Laws MT(E&W)R regs 5, 9, 10 & 16, MT(S)R regs 4, 8, 9 & 14, RTA sect 36 & TSRGD 10(1)
I think I would argue that that he should not have entered the diagonal hatched area in the first place as the fact that he may have to wait to get to the Morrisons right turn lane does not make it necessary, even if he can see the right hand turn lane is clear but queueing traffic in the left hand lane is blocking his progress. The traffic in the left hand lane would have also obscured you from his view so he could not see that it is safe to do so, evidenced by the fact that a collision took place.
You could also argue that having carried out the manoevre against the Highway Code he then failed to take enough care to be able to prevent an incident occurring through his careless disregard of Rule 130.
You might have to take some of the blame by having failed to notice him but if you were stationery at the time of collision I would argue that you have taken avoiding action to avoid a vehicle that you had reasonable expectation of not being there due to the layout of the junction and the expectation that other parties would adhere to the Highway Code governing the priorities indicated by the road markings.
Think I would argue vehemently against 50/50, 90/10 ot 80/20 might be more appropriate, however this is insurance companies we're talking about here.......
Edited by cockle {P} on 07/01/2013 at 15:37
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