Who's at fault?? A bus hit my car yesterday (16-07-08)?

Question

I was driving my car along Grover Street in Southend, luckily I had just took my 6 yr old daughter to school and was on my own 2 go back home.

when I saw a bus starting to pull out from a bus stop. Although I don't think he saw me coz he hit me from the passenger side door all the way back to the bumper. Accidents happen and i have full comp insurance, the car is still driveable and no-one was hurt. THANKFULLY. But who's at fault?????? It's not mine I'm sure of that as I have the right of way I was already in the road he was pulling out from a bus stop. If I was further back I would of let him come out.

I just can't believe how he didn't see me, as the front of my car was already pass the front of the bus, before he hit me.

(for those who know the area, & for those that don't, can follow the link below)

http://maps.google.com/maps?q=southend+road+map&ie=UTF-8&oe=utf-8&rls=com.google.gzfb:en-US:official&client=firefox&um=1&sa=X&oi=geocode_result&resnum=1&ct=title

Thanx 4 any answers

Answer 1

According to Rule 223 of the Highway Code:

"You must give priority to buses when you can do so safely, especially when they signal to pull away from bus stops".

Answer 2

From your description of your positioning, you would'nt be visible in his mirror (too far forward) but he should have looked alongside his driving cab before moving, so it would be his fault.

Answer 3

Chances are you will be blamed as they will maintain that you should have expected the bus to pull out and been ready for that eventuallity!

Good rule of thumb - EXPECT  buses' and taxis' to pull out without warning because that is what too many do.

Answer 4

Ever seen the signs on the back of large vehicles,

`If you can`t see my mirrors,I can`t see you`

  Sounds like you were right under the bus driver`s mirror,but,being an ex London bus driver,I would have expected him to check his mirror blind spots before pulling out,especially from a lay-by stop.Sounds like he was in too much of a rush.

Answer 5

From the highway code side of things the insurer would probably expect you to be careful round buses/taxis as they do pull out on occasion without warning and are supposed to keep your distance.

The flip side, would be the fact that the bus driver pulled and hit you while you yourself were established on the road. There is likely to be a dispute between the two insurers on who is liable and may result in a partial fault...

Answer 6

The problem with the Highway Code rule is that they see it as a God given right to move off!

The fact of the matter remains that the bus was entering the flow of traffic and had to exercise caution, he clearly didn't.

You may have the Devils own job proving it, but as you were already in the traffic, and he was entering, the bus was at fault.

Answer 7

I dont know the area, and cant tell from the map but was the bus pulling in from a bus stop that was in a lay-by, like as though he had to join back on the road, or was he just pulled up to the left of the side of the road and you were over taking?

I think that if the bus driver was coming from a lay-by type bus stop, as though he was rejoining the normal road i think it would be his fault. But if you were over-taking him whilst he was just pulled over to the left side of the road, it could possibly be classed as your fault.

EDIT: I can see where you mean whilst looking on the satellite view - the buses actually have their own bus lane to pull into when picking up passengers. In my opinion, it would be the bus drivers fault as you had clear right of way and he was pulling back out of the bus lane and into the 'normal' driving lane so therefore he is at blame. However, knowing this barmy country it'll probably get turned round somehow.

I wish you the best of luck anyway.

Well from the information you've given, he hit you on your passenger side door yeah??! Which just proves you were already going past as he pulled out. Like you said though, it could have been worse, thank god your daughter wasn't in the car or anyone else for that matter.

If you're fully comp, your insurance should give you the full amount of the cars worth if it is a right off i think. Shortly after finding out i was pregnant, i was involved in a crash and my car was a right-off, unfortunately i was only third party, fire & theft so i literally got about £100 for my car as scrap and had to fork out for a new one. I've gone fully comp now, even though it is more expensive i know i'll be better covered when the little one is here.

Good luck :)

Answer 8

As you say you saw him starting to pull out a quick blast of your horn may have helped, if your facts are correct it would appear to be the other drivers fault. But past experience with Public Transport  insurance companies makes me think that you will have a battle to prove it, "sorry"

Answer 9

of course he's at fault.

How he could not see you, is that a big 'ol bus has blind spots, where you could be next to it and not visible in his mirrors.

I mean, you could've been in the blind spot when he looked, and having not seen ya, just pulled right on out.

Answer 10

i agree i think its his fault(bus driver)

Answer 11

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