Who is at fault for the car crash?

keiko

I think the retired agent is right. Did you get information on the witness and did the police talk to the witness and record what he said?

You are responsible for deciding to turn across a lane of traffic even if nobody was coming and for sitting there for fifteen seconds. Count off 15 seconds and see how very long it is. Amazing, isn't it? However, if the other driver hit you, there is fault there, too. I guess the insurance companies will decide who is at more fault unless the police make a recommendation in their report.

Don't sign off on anything until your injuries heal. My doctor said you usually develop whiplash a couple of days after the accident. My h had the same pain through doing something else and got some physical therapy because of the pain. Luckily, we have health insurance.

Write down what happened as clearly as you can and remember to look at your notes before you say or write anything at all. Don't want Judge Judy scolding you for writing one thing in the lawsuit and swearing another at the small claims court. LOL

Hope everything works out. I'm going to predict it will take quite a while to have this settled. Just keep your cool. Good health to you and your passenger.

Kizzy

Unfortunately most of the burden will fall on you. The other driver still has the right of way even though the other drivers may have signaled you through.

Loollea

sounds like you are at fault because you were entering or trying to enter
a right of way, even though another driver stopped to let you through doesn't give you okay to enter road

Stig Bubblecard

Any good insurer would dispute full liability, you will still be held more to blame than the other driver as they will say you should have checked your mirrors before turning. Had you checked then you would have seen him overtake. It will probably go 60/40 in their favour. Which means you can still claim for whiplash. I was a solicitor for a motor insurer for four years. A witness will certainly help but even though the third party was driving a hatchings that will make no difference as that is a road traffic issue under criminal law and not a civil matter, therefore cannot be used as a defence for not looking.

Sarah

Similar situation happened to me, and they said it was my fault. Doesn't help the other person was driving a company car.

Wogney Twotter

From how you describe it I would say the driver who tried to overtake you was at fault.

Fellside13

If the other driver overtook when you were signalling a right turn AND drove over the hatch markings then he/she is clearly to blame.

andy w

It was not your fault.
It was the other drivers fault for trying to overtake you when a. you were indicating to turn right and B. for trying to overtake on hatchings which are a caution marking.

Make sure when you make any claims from insurance that you do a good diagram of the road and markings and get the witnesses number/name etc.

Kizzy, I certainly hope you don't work for my insurance company. Read the question. The other driver tried to overtake him on hatchings when the OP had been sitting there indicating for 15 seconds.

Amy H

where is the damage to your vehicle? from what i can understand, you would have been hit on the drivers side front wing or drivers door???
if so, this will not be classed as a fault accident for you.
you may find that if the other drivers insurers push, you may end up with a 50/50 settlement basis.

Natster

Were you diagnosed with whiplash?

If you went first and had the right away then you should not be held at fault. The other person should have been paying attention. You were obviously there first.

How come you don't know who's fault it was? Were the cops involved then they would have told you who was at fault. Usually the one with the ticket was blamed.

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