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emparker

Hi There,

Yesterday I was hit by another car. I have made a report with the police and I am waiting to hear back.

I believe he was at fault, without a doubt, and would like your opinion/professional advice on this.

I was driving along the road and indicated left to go into my driveway (I should point out my house is on the left, so was not passing any oncoming traffic). I was already way into the manoeuver when hit, as can be shown by how far up I was hit (I was hit on my front passenger wheel/door). The other driver has tried to claim I was indicating right, even though there is not actually any drive or road directly opposite me to turn into. I was most definitely indicating left and as previously said I was already well into the turn. There is a parking lane along the path/road in which he has gone into to go around me, he must have been driving at some speed when he did this, as when I checked my rear view mirror before turning he was a good distance behind.

The weather was also very, very bright on the day (occurred at 12.30 on a 30-degree day) and so indicators would have been very hard to see and therefore rely on. I definitely remember turning my left indicator on as it is a truck you really have to flick it up.

Thanks for any help.

Anon

Hi there,
Below is what the Roadcode says about passing on the left:
"You can only pass on the left when:
•there are two or more lanes on your side of the centre line and you are able to pass safely by using the left-hand lane
•you are directed to by a police officer
•the vehicle you are passing: ◦has stopped, or
◦is signalling a right turn, or
◦is turning right.
At all other times, when you are passing, you must pass on the right."

emparker

Thank you for your speedy response.
So, he claims I was indicating right,which I was not, I was also already making the turn into my drive, in one fluid movement, had not come to a full stop prior, when he tried to cut into the parking area on the side of the road. So will he be deemed not at fault due to the fact that he has falsely claimed I indicated right? Even though I was half way through the turn and got hit at the passenger front/side of my car?

Thanks again

Anon

Hi there,
It could be a case of two different opinions that your insurance company or the police will need to decide- they may also look at other factors other than just the other driver thought your right indicator was on. They might take into consideration your position on the road, your address, and the fact that there was no road or drive on the right for you to be turning into on that day.

emparker

Wonderful, thank you.

I currently do not have insurance, I have made the report with police but do I also need to contact his insurance company? Or do I wait to hear from them? As I'm sure the company will try and deem the non insured driver at fault-so to not pay out, would the next step then be dispute tribunal?

Sorry for my persistent questions but feel very strongly that he was completely in the wrong.

Thank you

Anon

Hi there,
Make sure that you try and get an opinion in writing from the police as this is potentially your only legal evidence. I would obtain a quote for repairs and give it to the person who hit you and give them opportunity to respond- if they are worried that they may actually be at fault- they might chose to claim on their insurance or pay you the cost of repairs. If you receive a bill from their insurance or resolution can't be established, then often the only other option left is a dispute tribunal. They might also make a decision as to who is most at fault in this situation.