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Who is at Fault
Lorry Driver
25%
 25%  [ 2 ]
Car Driver
50%
 50%  [ 4 ]
50/50
25%
 25%  [ 2 ]
Total Votes : 8

Author Message
Jake911
Silverstone


Joined: 04 Nov 2017
Posts: 115



PostPosted: Thu Nov 29, 2018 12:01 am    Post subject: Minor RTI - Who is at Fault Reply with quote

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 thumbsup
 
  
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nigel99
Barcelona


Joined: 16 Jul 2015
Posts: 1311
Location: Berkshire

2009 Porsche 997 Carrera 2S

PostPosted: Thu Nov 29, 2018 5:33 am    Post subject: Reply with quote

If you are moving into the lane where the lorry is then I believe that you will be considered at fault by the insurer.
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New997buyer
Fuji


Joined: 17 Oct 2010
Posts: 9150



PostPosted: Thu Nov 29, 2018 6:34 am    Post subject: Reply with quote

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 thumbsup
 
  
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Alex
Le Mans
Le Mans


Joined: 06 Mar 2014
Posts: 16134
Location: The Ribble Valley, Lancashire

2000 Porsche 996 Carrera 4

PostPosted: Thu Nov 29, 2018 6:43 am    Post subject: Reply with quote

Yeah
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Robertb
Dijon


Joined: 01 Sep 2003
Posts: 7042
Location: South Oxfordshire

2002 Porsche 996 Carrera 4S

PostPosted: Thu Nov 29, 2018 9:47 am    Post subject: Reply with quote

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.
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77szymon
Spa-Francorchamps


Joined: 14 Mar 2018
Posts: 257
Location: UK

2003 Porsche 996 Carrera 4S

PostPosted: Thu Nov 29, 2018 10:59 am    Post subject: Reply with quote

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
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Jake911
Silverstone


Joined: 04 Nov 2017
Posts: 115



PostPosted: Thu Nov 29, 2018 11:07 am    Post subject: Reply with quote

Thanks Guys

I really appreciate the feedback and absolutely no offence taken.
 
  
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jpsh120
Hockenheim


Joined: 30 Aug 2015
Posts: 742
Location: Somerset


PostPosted: Thu Nov 29, 2018 11:08 am    Post subject: Reply with quote

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
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squelch
Nürburgring


Joined: 05 Jun 2016
Posts: 457
Location: Bucks


PostPosted: Thu Nov 29, 2018 2:40 pm    Post subject: Reply with quote

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... Wink

(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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