Crashed into back of other car but it was unavoidable.

[djgordyp]

A couple of days ago I hit the back bumper of a car which had made an illegal move.

I was sitting at traffic lights waiting to turn right. To my left is a lane for traffic going straight ahaed. Next to that is a lane for traffic turning left only. The car in question (a Passat) was in this left most lane. When the lights turned green I proceeded to turn right. All of a suden the Passat came past me and must have slowed down to avoid parked cars and that is when I hit him. There is a traffic island in the middle of the road I turned into so it would be a squeeze to get two cars side by side at the best of times. Therefore it's lucky there wasn't a more serious collision.

 

I know that under normal circumstances I would be considered to be at fault. In a situation such as this would the driver of the Passat not be at fault because his action meant I was unable to avoid hitting him?

 

I can't get over how anyone can be so reckless. Not only that but he obviously thouht he was in the right because it was he who called the police. His mistake. As I was leaving he was still been spoken to in the back of the police car. When I asked, the other officer just said "other matters have come to light" during their checks.

[BankFodder]

Yes, the presumption is that the driver behind is in the wrong. However, as you suggest, there may be circumstances which can rebut this presumption

[crem]

MAke sure your insurer is aware of teh police involvement as I am sure they will be able to obtain information from the police regarding their assessment of the incident. Even though they weren't there at the time, I am sure their "opinion" of how the accident happened will be valuable

[wheelergeezer]

This is a little muddy for my brain, but have I got this right?

 

3 lanes at lights. You are in lane 3 turning right. Other party was in lane 1 for turning left, but ended up turning right across 3 lanes and collided with you in the new road (right turn for you) by cutting down your inside and moving out to avoid parked cars?

 

If that is what happened, you are not a fault at all and the insurers will know that.

 

Sounds like a deliberately staged collsion to me and perhaps what the police also thought.

[Dotty50]

I think I would get a photo of the junction to send to your insurers as well.

 

I am left wondering what happened to the second lane, was there are car there?

[sailor sam]

I think I would get a photo of the junction to send to your insurers as well.

 

I am left wondering what happened to the second lane, was there are car there?

 

Exactly what I was thinking. If I read the OPs account correctly, it would mean that the TP has overtaken him on the inside so If I was the OP, I would have asked the police to take a statement from me reporting the TP for reckless driving as that is what this is going by the OPs information.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

[Secret Policeman]

I Agree! If the lanes are clearly marked out (with painted direction arrows, or a sign board etc), then this will strengthen your case immeasurably. Were there any independent witnesses (pedestrians or other motorists who saw it?) Or CCTV overlooking the scene? Again, these things will assist your case.

 

Also, you want to contact the Police and obtain details of the officer/s attending and the Police incident number (if you don't already have this information), to pass on to your insurance comapany; have the Police indicated whether the other driver is insured/has a licence? You may want to ask this as it will have a profound effect on your insurance if he is uninsured or without a licence.

 

Even if he is legitimate, the officer/s opinion as to who was to blame is also going to effect the outcome, should your insurance company contact them, so be sure to ring them and make sure they're on side before passing on their details to your insurer!

[djgordyp]

Exactly what I was thinking. If I read the OPs account correctly, it would mean that the TP has overtaken him on the inside so If I was the OP, I would have asked the police to take a statement from me reporting the TP for reckless driving as that is what this is going by the OPs information.

Please Note

 

Unfortunatly I never thought of making a formal statement about his driving. Assumed from what I told the officer that he would have questioned the TP as to how he came to be there. I spoke to the officer a few days later and he said he didn't know if it had been caught on cctv or not. Our insurer will be writing to the police to get the details and ask if they plan to prosecute. I certainly have no intention of been out of pocket for this and will go to court if necessary