So on Monday I was turning right off the A6 onto a small road that cu
rved further around to the right (so low visibility due to a big hedge). I was going slowly, probably not more than 10/15mph. I was fully engaged before I saw a wagon (turned out to be DHL) coming the other way and swinging out onto my side of the road to make the curve. I had no time to swerve around it, so I came to a complete stop. The wagon did not, continued to swing around... and hit my car.
I did cut the corner a little bit when I turned, however my car was fully on my side of the road and at a complete halt when the wagon hit me. The front of the wagon was fully 2' over onto my side at the point of impact, with its front driver wheel straddling the white line.
I thought this was cut-and-dried his fault. He apologised to me at the scene. Indeed DHL's insurers initally approved my repairs and I had even had a courtesy car booked. However, yesterday their "intervention team" gave me a call to say they had pulled my repairs as they were reviewing the claim. Apparently the wagon's camera shows me at fault. I have now sent them the pictures I took at the scene. I spoke to the hire car guy who said it was just the claims handlers messing around as they were all working from home and hadn't done their work properly, but I'm not so sure as there's an expensive repair on the line.
I'm posting some of the images here. Where do you think I stand on this? Is my having cut the corner enough to put me in the wrong or am I right that the impact being on my side of the road makes him regardless at fault?
https://i.imgur.com/5gQWTYl.jpghttps://i.imgur.com/59Swqwp.jpg
Comments
I think it will depend on whether you were fully established on the sideroad at the time of impact. If you were, the duty is on the DHL guy to avoid you.
If you weren't established on that road at the time he is moving over the centre, some culpability will probably lie with you.
You'd need to see the dashcam to be sure, really. My guess is that it will be carved up on a 50/50 basis.
But I dont work in claims, so could be chatting wet.
As the photos show I was fully engaged on the side road at the time of impact. Three of you are saying 50/50, which isn't encouraging. Are you really saying a wagon can swing over to the wrong side of the road and hit a stationary car and it's still not clear who's at fault?
He doesn't look like he's on the wrong side of the road at all to me. But your car does to me. Way too early to turn, IMHO.
I don't think a forum is really the place to go over this, none of us were there and couldn't possibly give you any answer or peace of mind. Either you want people's opinions, or you don't. Or you just want opinions that agree with yours, in which case you don't want people opinions. Sorry.
2. You cut the corner. That will be enough to split the blame.
3. Doesn’t get him off the hook.
Likely outcome (I did RTA work for about a decade) is a 50/50 split.
https://soundcertified.com/speaker-ohms-calculator/
Photos generally don’t mean shit either. All manner of things could have caused any subject in a photo to be in that position.
https://soundcertified.com/speaker-ohms-calculator/