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Minor RTI - Who is at Fault

Who is at Fault

  • Lorry Driver

    Votes: 0 0.0%
  • Car Driver

    Votes: 0 0.0%
  • 50/50

    Votes: 0 0.0%

  • Total voters
    0

Jake911

Well-known member
Joined
4 Nov 2017
Messages
139
Hi Guys,

I was involved in a very minor RTI last week where a lorry scratched the side of my car. Thankfully I was stationary in traffic and the lorry was only doing 2-3 mph.

The issue I have is that I was coming off a slip road to join the main carriageway. If I was to stay on the slip road I would have ended up going off at the next junction, deviating away from my intended route. I indicated and moved into a gap (Safely), thanking the lorry driver for creating the space.

My vehicle at this time was part in/out of the space due to the traffic being stationary (rush hour). Moments later the lorry started to move when I noticed that he was now touching my rear wing, as he continued to my drivers door I had to physically punch his passenger door before he then hit my mirror.

I have no doubt that he didn't see me as I was a car length in front of him. From my dashcam I notice the reflection from the vehicle infront where the lorry appears to speed up and brakes harshly (cab dips) as though to block my entry.

On reflection I think he was being a P*** in a bid to stop me merging into the lane.

Anybody got any experience in who would be at fault on this occasion?

TIA :thumbs:
 
If you are moving into the lane where the lorry is then I believe that you will be considered at fault by the insurer.
 
As above. Typically it's the party changing lane who is deemed to be at fault. However that isn't always the case.

Good luck with your claim :thumbs:
 
:yeah:
 
I don't see how you can be blamed for a collision if you were stationary. If it's on dashcam then I'd fight it.

It's a big problem in urban driving, the visibility from the truck cabs is awful.
 
Unfortunate for you lorry driver will say he did not see you and therefore as you did try to change line and push him over will be your fault even if you did not drive it but you place car in bad situation.


I can't stress enough NEVER NEVER NEVER and NEVER put your car up front a lorry unless driver CLEARLY give you a space if they don't do not complain abut accident, by doing so you are playing lottery game what will happen next. I have been involved in 5 accidents where cars pull on side of me 4 of them I didn't see car coming 1 I have almost see it but was unable to avoid overspending Polo on M62 apart Polo accident all 4 drivers try to push blame on me and fail to do so for a reason above.


Don't play with lorry drivers as these guys usually are depressed, tired and overall don't like car drivers in traffic please take a guess why......

Please do not get offended my post is for your safety, also consider this: you are parking on front of minimum 20 ton on your rear bumper :what:
 
Thanks Guys

I really appreciate the feedback and absolutely no offence taken.
 
I can confirm from personal experience that your Insurance company will most likely put you down as the "at fault" party.

I was moving from one lane to another at a busy (main road, supermarket entry) traffic light junction. I was indicating and doing 5 mph max, the other party (also moving at 5 mph) chose to drive into the side of my car instead of letting me come across.

And it was my fault.... :dont know:
 
With the sparse info given it's a tough call but one thing seems prevalent and that is that you cannot collide with someone if you are stationary - they drove into you. I would say that is your main defence here - you indicated, approached slowly, and moved into a gap in the traffic and stopped in the queue with everyone else at which point the lorry drove into your rear quarter and down the side of your car.

If the lorry driver says he didn't see you (as someone has mentioned he may do) then that is no defence since any manoeuvre should not be made without first observing that it is safe to do so (unlikely, but there could've been a pedestrian there).

Unfortunately, the lorry driver will probably just say that you quickly changed lanes and he couldn't stop in time. Added to the fact that it is probably his livelihood and he will want to keep a good record, he will likely skew the story to his advantage. Did you get any witnesses? That would help a lot if the lorry was being an ar$e. Surely someone from this forum was also in the queue of traffic... ;-)

(It really bugs me the way people will not accept that sometimes people may have made a simple mistake and yet they glue themselves to the bumper in front just to not give up a second of their day).

I feel for you but fear you will have a fight on your hands.
 

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