Whose Fault was it?

[fairy-dust]

Hi, I'd like to ask other people's opinion on my problem. A few months ago, I had a small accident. I was waiting at junction to main road and due to cars being parked up obstructing my view- I had edged out so I could get a better view. Seeing cars coming, I waited until I could exit. One of the cars that passed me, clipped my front bumper. I rang my insurers to report the incident. They said it was my fault and that they would have to pay out. But I don't believe it was and I'd like to write a letter of complaint. The other party are now claiming personal injury and so my insurers are fighting it. They sent someone round to take a statement from me and he said that it wasn't my fault- but my insurers are still arguing that it was. Just wondering if anyone had any thoughts on the matter???

[ojread2]

How would you get out then? Take a guess and go? Take a leap of faith?

There is no way you can get out of a turning where cars are parked blocking your view other than to slowly edge out whilst constantly looking left and right.

It is my opinion, and it is just an opinion, that if you have to edge out and are stationary whilst hit then how can it be your fault? It is also my considered opinion that the drivers on the main road were either blind to the OP's predicament or being rude and ignorant at not giving way to her

Isn't there some road 'law' whereby you can behave in such a manner that, although you may have right of way, you could be accused of being the cause of an accident and therefore the guilty party? Can't think of the phraseology right now. For eg, if you come across those cones on the motorway but refuse to let a car pull in because you think he is being cheeky and if he hits you or the cones it could be deemed your fault?

[fairy-dust]

this is exactly my point- how else can i enter the main road? if i'd waited and waited then the traffic, that was already building up behind me, would get really annoyed and i'm sure that would of caused some problems :(

[duckling98]

I had one of a simular case too. Surely if the cars were obstructing your view you have a right to edge forward to see the oncoming traffic. however this was a risk that would make this situation your fault.
however you could argue..
as for the personal injury C*$�.... surely if they were going the speed limit they shouldnt have had an "injury" in the first place, were there speed limits?..

[Hammer]

Reverendfunk, that is exactly what I am saying. As long as you don't pull out directly in front of another car so that they cannot possibly avoid you, it is their fault for hitting you, not your fault for being there. All drivers should drive in such a way to be able to stop safely if the unexpected happens - and again I stress I do NOT mean someone pulling out directly in front of you.

Following your logic, any parked or broken down car is at fault for being in the way if you decide not to avoid it.

[nl6384]

It is your fault as you were leaving a junction. However it is also the fault of the driver who parked the parked vehicle blocking the view.

[doirecormac]

I would say that (morally) it is the fault of the cars who were illegally parked but (legally) you will get the blame.

It is unfortunate but this happens on a daily basis in GB and Ireland; the sad thing is that I see this all the time and if I can see it why do the police not see it and take appropriate measures (towing cars awy etc)?

In my opinion the law is the law and illegally parked drivers, drivers who do not indicate etc should be pursued as vigorously as someone who has committed 'more serious' crimes. It is because of the lack of action by the police that drivers continue to park illegally etc.