A friend in car accident. Who's at fault?

Question

My friend had an accident in her car yesterday. She was travelling home along a main road when a van pulled out in front of her from a junction and she collided with the side. She was travelling on the same side of the road as the junction (this is in the UK by the way) and the driver of the van claims that she was indicating to turn left into the juction which she's says she wasn't. The advice that I've given her is that even if she was indicating left then there should be no assumption on the other driver's part that this means she was going to turn into the junction as she could have been indicating to pull over to the side of the road AFTER the junction or even to take the next left turn. This was at 5pm so the light was good and the weather conditions fine. I've told her that in my opinion there should be no doubt that the other driver is totally at fault and she should have no trouble claiming on his insurance. Has anyone had similiar situations and what was the outcome or how likely would you think it would be that the other driver would be held liable for the accident?

Answer 1

If there are no independant witnesses who can verify what happened it is hard to prove who was at fault and often insurance companies will each pay for the damage to the car they are insuring instead of arguing further and costing themselves money.

Answer 2

It's sounds like his fault. He came out into her lane of traffic and is now lying to try to get out of it. I had situation where the other driver and I both had different thoughts on who was at fault. I submitted a detailed account of the accident including an diagram of what happened. It also helps if she can find someone important to provide a letter backing her up that she's a truthful person. Also very important if she can find a witness backing her up. Get all these details together and send it to the insurance company. Tell her to NEVER admit fault or doubt at any point. They can make up their mind about who is at fault.

Answer 3

You are quite right. Even if her indicator was on, the other driver has to wait for her to turn before assuming that she is going to turn. It is entirely his responsibility to make sure the road is clear as he is pulling out from a minor road to a major road, so he has to give way to all oncoming traffic. Don't worry too much about what he is saying. The insurer makes the decision as to who is to blame, not him, and it sounds as though he is just trying it on. The insurer will settle in your friends favour.