Who is at fault, please help!?

Question

A little while ago, i was driving along a major road, when a motorist pulled out of a minor road infront of me. We swapped insurance details at the time, and i was confident the other driver was at fault for pulling out of a minor road on to a major road. however, she is claiming that she had pulled over the cross markings slightly, but was stationary at the time of the accident, and i had crashed into her. although i know this not to be the case, i know i would be liable if i had hit a stationary vehicle, no matter where it was on the road. But i cant prove that she was moving at the time of the accident. Can anyone advise how i can prove she was at fault

Answer 1

She should still be at fault if she pulled beyond the safe zone.  She needs to merge safely into the traffic, not you.

Answer 2

Best option is to have your car surveyed by an authorised Garage. They can say if you hit a moving vehicle or stationary vehicle.

As per the road rules, if you hit a vehicle from behind, you are at fault, however, should you be able to prove that she stopped all of a sudden, they you might get an upper hand. But, sorry to say, she might be able to win the argument

Answer 3

The only way it can not be her fault is if it was a unmarked cross roads. Know one has right of way.You should both stop. If you where on the main road you should not have to take avoiding action from a car emerging from a side road.You should be aware of the hazard and slow down. But saying that you should always be prepared to stop. The d**k head just may pull out on you.

If you hit a parked car that is a hole different story.  

Answer 4

Fault is determined by the police and/or the insurance companies.  It makes no difference who we say we think is at fault, it makes no difference who you think is at fault, it makes no difference who the other party thinks is at fault.  Simply turn it in to your insurance company and let them do their job

Answer 5

Do you have damage to your car? And hers? The shape and position of the markings might support your case. I'm sure there are people who can work out how the damage was done and they may be able to help.

Answer 6

if she is claiming she was parked/stationary at a junction then she is still in the wrong as you cant park or wait there. if she is saying that she was nudging out of the junction then she is still wrong as she went into your path. the point of impact on her car will show exactly where she was. i dont think you have anything to worry over, she is trying it on.if you have legal cover on your insurane you should be able to get help with this.

Answer 7

Very interesting. If a car pulls out as you say, then stops halfway across the road, it is stationary, which negates your assumption of fault. It seems to me that the situation is clear. Minor road to main road driver has to keep clear of the main road until it is safe to pull out. She was not clear of the main road. Whether she was moving or not is academic. I see your point re hitting a stationary car, but the minor road to main road must be the overriding factor.

Answer 8

I agree with the others.  When you join from a minor road, you have to do so safely.  This means that the traffic on the major road should not have to take evasive action.  Her fault, not yours.