Car accident help....

RobDavies

Morning all.   I was involved in an accident yesterday afternoon.   To cut a long story short, I knocked someone off their moped right outside my house.   Fortunately the rider is ok - just a few grazes on his legs (shorts in November?!).   

I am happy to accept liability if it's classed as my fault, but I'm interested to know if anyone does actually know who's in the wrong....

I live on a main road and at 4.15pm yesterday, the traffic was at a standstill outside my house.  I needed to pick my son up after school so waited for some kind soul to let me turn right out of my drive.

 

Number 1 car in the above picture stopped to let me out and seeing that there was nothing coming from the left, I moved off.   The next thing I knew there was a moped bouncing off my front bumper - he'd overtaken the stationary traffic on the outside and there was no way I could have seen him coming.

 

The question is - who's at fault?   As I said, I'm perfectly happy to accept blame but would rather not if I don't have to, if you get my drift.  Worst case scenario is that I have to pay my excess but at least the other bloke is still alive - which I'm very, very grateful for.

fatherjack

I suspect the Fretmeister will be along in a while to tell us all how wrong we are, but I'd say a little bit of both.

The moped rider was overtaking a stationary row of traffic, which is not always the safest thing.

The fact that someone stops to let you pull out doesn't mean it's safe to do so. 

fretmeister

You are at fault. You are joining a road from a non-road. It is your responsibility to make sure it is safe to do so. You are not entitled to trust Driver 1

However, the rules on over-taking stationary lines of vehicles are long and complex.

So it is likely that the rider will be found a little bit responsible - maybe 10% to 15% but no more than that.

So your insurance company will pay out 85% to 90% of his claim, and your insurers will be able to recover 10% to 15% of the damage to your car from his insurers.

However - if the bike is in the other lane, then the percentages can change quite a bit, but the primary position is that it's your fault.

"No way to see him coming" - If that is true then you should not have attempted to turn right at all. You should have turned left and found another way.

Highway Code is very clear on that. Even with a broken contraflow Red light where you can see for miles, if the red doesn't turn to green then you are supposed to find a different route that is safe.

Phil_aka_Pip

Purely a personal opinion here, but AFAIK the moped rider is within his rights to pass the stationary queue. If he were doing more than 15-20mph he may have been a bit unwise, but I don't think that per se would have made him wrong. Especially if he was still (as your diagram suggests) in "his own" side of the road.

Think of a situation where an emergency vehicle is passing the stationary queue on the "wrong" side of the road. You'd still be required to look out for him as you turned right even though he is on the "wrong" side.

Sufficient right-left-right looking IMO would have prevented the prang. You'd still have done a right-left-right look if the cars were all parked next to the kerb.

RobDavies

 

Phil_aka_Pip said:

Purely a personal opinion here, but AFAIK the moped rider is within his rights to pass the stationary queue. If he were doing more than 15-20mph he may have been a bit unwise, but I don't think that per se would have made him wrong. Especially if he was still (as your diagram suggests) in "his own" side of the road.

Think of a situation where an emergency vehicle is passing the stationary queue on the "wrong" side of the road. You'd still be required to look out for him as you turned right even though he is on the "wrong" side.

Sufficient right-left-right looking IMO would have prevented the prang. You'd still have done a right-left-right look if the cars were all parked next to the kerb.

Difference is that I would be able to see and hear an emergency vehicle - and I did look right-left-right but you simply could not see the moped hidden behind the stationary cars.

Having read Fret's post - I'm entirely happy to accept blame though - it was "just" an accident in the true sense of the word, I guess.

strumjoughlamps

filtering through traffic is legal..

on a safety side when I filter through and see a break in traffic I sort of treat it like a junction and slow down with a 'why is there a break in traffic?' mindset.. which doesn't help your case but legal or not the rider was a bit careless IMO.

fretmeister

When you get the insurance Accident Report Form through - it will ask who you blame for it.

Just say 'don't know' and let your insurers make the decision. They will anyway, but this way will reduce the paperwork you have to do!

Col_Decker

At least you get to put a little moped sticker with a line through it on the side of your car. Four more and you win a prize.

ToneControl

your insurers usually insist that you do not accept fault

probably mostly your liability, but my motto is always "better uninjured than in the right but hurt", so I always take care when overtaking lines of traffic where there is a gap or junction on the left

It's a normal dotted white line I assume

mike_l

Col_Decker said:

At least you get to put a little moped sticker with a line through it on the side of your car. Four more and you win a prize.

Is that the markings on the side of the camper?

Col_Decker

Nope I have spanners, one for each breakdown. Got eleven I think now.

mike_l

11 spanners? this weeks efforts?

Col_Decker

mike_l

Col_Decker said:

My mates daughter gets that look on her face when she has  a poo....

ICBM

What fretmeister said. It was your fault - if you can't see, you must not pull out, and the moped rider was not doing anything illegal - but don't accept any liability. Many years ago I said something like "oh, it was probably a bit of both" when I had put my car into an unexpected (but not at all illegal) position and someone then reversed into the side of me… which then came back to bite me since if I'd said nothing it would have probably gone my way.

fretmeister

ToneControl said:

your insurers usually insist that you do not accept fault

Only to the other side. They expect you to tell the truth in your report to your own insurers!

Emp_Fab

Not that you need any further confirmation of who was at fault, but be very grateful nobody was badly hurt.  A middle-aged chap on a motorbike died near us the other week in similar circumstances.

Incidentally, this map is fantastic for viewing the most dangerous roads in your area...  http://www.bbc.co.uk/news/uk-15975720

chillidoggy

Any chance you could let us have your postcode, Emp? Just in case.