Who is liable

SH4U11

RMS Regular
Location
Craigavon
Drives
AudiA6
Hello lad/ladies

I've just been involved in a crash.
I want to know where I stand. Technically I pulled out infront of the on coming car.

The guy I hit was indicating to turn into the junction I was pulling out off so I looked up the road to ensure clear the other way and drove off. Next thing...

All I could smell was smoke and car is smashed.
The guy admitted his indicator was on.

But been cautioned for driving without due care.

Where do I stand

Thanks
 

Nicky

RMS Regular
Drives
HiluxSurf
You pulled out of a minor road into the traffic of a major road, so you’re liable.
 

KevM

RMS Regular
Location
Banbridge
An indicator doesn't negate right of way unfortunately. I was in the same situation (not indicating on a roundabout), but in his position. The guy that pulled onto the roundabout was at fault, as I had Right of Way regardless
 

brendy

RMS Regular
Indicators are an indication of someone turning not a commitment to turn.

Drives my wife mad I refuse to pull out of a junction for that very reason. I'd say about 3 times a year I'm right and the car sails past.
This, my instructor always told me to let the incoming traffic do what they're going to do before moving out, control what you can and don't rely on what you can't.
 

big cyril

RMS Regular
It's bad luck for sure, all the above is legally 100% correct but in practice people do sometimes take indicators into account.

Why was the indicator on, was he pulling in after the juncton you pulled out of?
 

SH4U11

RMS Regular
Location
Craigavon
Drives
AudiA6
Thanks for your advice lads.

Insurance saying what you guys said.

Anyone need anything before it's lifted?
y was the indicator on, was he pulling in after the juncton you pulled out of?
Bus stop just past where I was pulling out off... I strongly believe he was for turning down there and changed his mind last minute. Because there no junction from where he was comming to have his indicator on at. The bus stop is a right walk from anywhere.
 

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SH4U11

RMS Regular
Location
Craigavon
Drives
AudiA6
Also, any advice on getting as much out of insurance? And how much the book value is? I know they will hit me with that, but I've heard of people squeezing more
 

Dervhead

RMS Regular
Location
Northern Ireland
Drives
FixOrRepairDaily
You blocked the third parties progression, therefore you are liable. Harsh lesson, hopefully everyone is ok, that’s the main thing.
 

Coog

Admin
Drives
XJ6
Flip that's a right smash there. As long as everyone is ok that's the main thing.

Insurance co will make an offer and general advice appears to be to reject that and ask for more with evidence of similar cars for sale with similar spec and mileage.

In my own experience the first offers were more than I expected and more than what equivalent cars were advertised for, so I accepted but that's not always the case.

Fire your reg into the below and it'll give you a number:


In saying that I've just recently had a car written off by a 3rd party and the initial estimate from an independent assessor was about 30% more than above, but in line with what I'd expect for it given condition, spec, etc. Yet to get any money though so not sure what the end result will be!
 

michelinman

RMS Regular
Location
Belfast(ish)
Drives
e46
Indicators are an indication of someone turning not a commitment to turn.

Drives my wife mad I refuse to pull out of a junction for that very reason. I'd say about 3 times a year I'm right and the car sails past.
I learnt this the hard way 25 years ago and wrote off my 1988 Mini Mayfair in the process.

I’ve been doing the same thing as you now for the last quarter century and like you say, it only has to work once to be worth it.

To the OP, a very unfortunate accident but I’ve been in your shoes and I didn’t have a leg to stand on...
 

colin84

RMS Regular
Location
Newtownabbey
Drives
E60 M Sport
It's an easy mistake to make for both parties. My dad used to remind me about it all the time, but when I was still on my R plates I pulled out in front of some woman, it was the only gap in busy traffic, and she had her indicator on. Only for her doing an emergency stop she would have been into the side if me. I never done it again that's for sure.
 

Gaz

This space available for rent
Location
Belfast
Drives
eHorse
Very unlucky, you see an indicator and it's a natural instinct to expect them to turn in - but in the eyes of the law that's not how it works.

As long as no-one was hurt that's the most important thing, it's just crumpled metal and can be replaced.
 

'96dc2

RMS Regular
So drive about with your indicator on and reap in the claims. Rules bmw drivers out though.
 
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