Who's at Fault?

allen r

Well she hit you so I expect that answers your question, she should have checked her mirror before pulling out.

Mr. X.

Not sure, that's one for the insurance men.
But I think Foo is right.
Would be interested to hear the outcome though!

philipscown

You were passing on her right side. The highway code states that drivers should give way to the right. On that basis, and without all the facts, she is in the wrong.

Also see para 144....

http://www.highwaycode.gov.uk/15.htm#144

see this too...
http://www.highwaycode.gov.uk/15.htm

~ steph j ~ The Shepherdess

I would say she is, for pulling out without looking properly.

AnswersGalore

She is at fault and could be prosecuted for driving without due care and attention. Have you reported the incedent to the police?

Foo

She is completely at fault. Mirror signal then manouvre. You weren't to blame in the slightest. If she contests it, take her *** to court and watch her lose.

Mark J

off hand Id say the other party is.

because she manouvered without taking due care and attention
however the only way to prove it is to have witnessess. presumably you took the details of the "tractor boys".

it also depends where the contact happened.

Id talk to your insurers and see what they say.

MILLIE

no ifs or buts she is in the wrong she should not of pulled out without checking stupid woman

mrearly2

I would say she is at fault, for making an improper lane change.

Huw

It is completely her fault.

bumptothebeat

Its Hers for hitting you.
but you were ignorant too, so you too are to blame.

tugboat

its her fault as she pulled out on you.

Andy

She's at fault, She pulled out with out looking which is Driving without due care and attention.

hales

Obviously she is at fault because if she had bothered to look first she would have seen you in her mirror, and not pulled out (well not unless she had a death wish)

Its Silly C**S like her that give women drivers a bad name

Michelle

The exact opposite thing happened to my mother in law. She was first in a queue of traffic stuck behind a tractor and went to overtake, and she hit a car overtaking from behind as she did. She recons she's not at fault because he was in one of those 'hidden dips' when she pulled out, thus she did not see the other car. But then again it can be argued that he had right of way and he should not have been overtaking more than one vehicle at one time etc etc. Long story short....8 months later the case is going to court cause no one's agreed yet with regards to fault.

Personally, i think it's her fault but insurance companies are a mystery. i had an accident last year, and my insurance company and the other company involved agreed that i was driving correctly and the other driver was not....but the accident was my fault. Work that out???

Tangerine-Seasider

75% her fault for not looking properly. Peeping your horn at her wouldn't do any good as she probably had her stereo turned up too loud to hear !!!!!!!!
25 % Those driving the Tractors .
One is bad enough, but two together. Thats just taking f**king liberties !!!!!!

shytv

Er...she was...no question.....as u were technically overtaking her too....

WelshLad

She is at fault for failing to observe her surroundings.

focus

From your description it sounds as though the other driver was at fault as they did not make 'effective use of the mirror' before changing lanes to overtake. Effective use of the mirror would have shown that there was an overtaking vehicle (you) and she should have stayed in her position. However, you should ask yourself as to why you did not anticipate what the other driver was going to do. From your description, it is obvious that she would be most likely to be pulling out again to overtake the other tractor. Personally I would stick to the original fault that she did not make effective use of the mirror.

snickerssatifies

she is at fault, for not making sure the lane was clear before she came over

Scott H

You are partially at fault, for passing more than one vehicle at a time and she is partially at fault for not checking her side mirror before attempting to pass.

hugh7101

she is at fault, but it must be said that you must take some of the blame for being so inconsiderate, you saw that she was stuck between two tractors and must have realised that at the first opportunity she was going to pull out, did you honestly think that she would have staid there for the rest of her journey. p.s. do you drive a B.M.W.

beetlejuicemrburns

Would like to say her fault but how the hell will you explain away the fact you must have been speeding to overtake two tractors and her ????
especially as she is bound to say you came from nowhere...

a mouse is not a hotel

as long as you were within the speed limit youre both equally at fault

if you were speeding then its all your fault

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