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Pinkbanana
05-06-2009, 18:28
Howdy any budding legal eagles out there??!

My grandfather had an accident to day, when a women pulled out from a side street and hit his car at the rear (passenger side back bumper damaged etc). He was thankfully not injuried however, the women claimed it was HIS fault!!! Claiming he had his indicator on... yet she hit the back, not the front of his car, ie he was actually driving past her when she pulled out!!!

Anyone know whether this is a straight forward case... ie, that the evidence points to her being at fault, or whether my grandfather will end up sharing/footing the bill (unfairly)?

Thanks in advance :-)

Abbie
05-06-2009, 18:30
I dont know sorry but I just want to say sorry to hear about it and hope it gets sorted out

Abigail
05-06-2009, 19:17
From what you say, there's no way the woman could reasonably think your grandfather was indicating to turn at the junction if he was already passing her.

Even if your grandfather was indicating (I'm not saying he was) and didn't turn, the woman should still have checked to make sure he was turning before moving out.

The evidence does point to her being at fault. She hit the back of his car, not the front.

If there was any witnesses they may be able to say if your grandfather was indicating and who seemed to be at fault.

If your grandfather does end up sharing the bill, seek independent advice from another garage who deals with insurance claims. I don't know if it will cost anything but he shouldn't have to pay when she was clearly at fault.

Pinkbanana
05-06-2009, 19:53
Cheers Abs, and Tabs for your replies...appreciate the advice given too. :)

alan45
05-06-2009, 21:04
This is undoubtedly the fault of the woman. She entered a main road without due care and attention. The fact that your grandfather had or didnt have his indicator on at the time is irrelevant. I for one would never pull out in front of a car with its indicator flashing. For all she knew he could have been turning in to a driveway further up the road or there could have been an electrical fault with it. Had she driven out in front of and he hit her it would have made her story more plausible but no difference as to her responsibility for the accident. The fact that she struck the rear of his car shoots her argument down in flames and she should consider herself lucky not to get done for Careless Driving.

Chloe O'brien
05-06-2009, 21:41
I would say it was the woman's fault PB she should never had pulled out when the road was not clear regardless of your grandad indicating or not. I hope he is alright and not too badly shaken. It must be the week for nutter drivers.

Last Sunday my nephew took his wife, his mum, sister and sister's boyfriend for a run in his bongo (mini campervan) down the east coast to take some photographs. On the way home through town we have designated bus lanes called greenways but on weekends and nights any traffic can use the bus lanes. Anyway my nephew Gary was behind a bus then the bus turned off the road so my nephew went to continue along the road when some nutter in a van pulled out in front of him. My nephew peeped his horn then moved out into the outside lane to avoid the driver in the van but the idiot cut across to the outside lane. My nephew tried again to cross to the inside lane and again the nutter cut across him blocking him from getting past. The police were going to charge him £140 and £15 a day for towing it away but he is awaiting the insurance company to come and get it. At the moment is still in town with a sticker on it.

Kim
05-06-2009, 22:30
When the back of a vehicle is damaged in an accident it is nearly always the person in the other vehicle that is blamed for the accident. As your grandfather was on the main road he had priority over her and she shouldn't have been so impatient and should have waited until there was a safe distance between her car and your grandfathers' before pulling out.

Meh
06-06-2009, 00:25
Womens fault. She had to giveway regarless of the indicator being on. Let the insurance sort it out.

di marco
08-06-2009, 21:19
sorry to hear about your grandads car, glad he wasnt hurt. id say it was the womans fault as well

howardgreen
05-06-2012, 14:11
whereas i rules say that ..."if anyone hits from the back to the next car...then this is his/her fault"......Finally, i cant blame anyone, but can give you people a suggestion...."drive slow.."

N.Fan
08-06-2012, 15:57
The best way to sort this out is to find out if there was any independant witnesses or CCTV footage.

howardgreen
12-06-2012, 18:56
nice advice about the car accident...However, there are many other sources...but i like your advice....thanks for sharing.

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