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Stuart J
Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 19424
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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hello i was proceedding down a 200m straight towards the end

Resolved Question:

hello
i was proceedding down a 200m straight towards the end of the straight a van turned right accross me - can yopu confirm he is 100% liable
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX X will try to help with this.

-Could you explain your situation a little more?

Customer: replied 1 year ago.

i was driving along a straight road . when i got to the end of the straight the oncoming driver turned right accross the front of me. He had a 200 m view down the straight in clkear visibility to see me comning, Is this cut and dry his fault?


 


 

Expert:  Stuart J replied 1 year ago.
My colleague has asked me to look at this as it's more my area.

Have you reported it to your insurance company?
Customer: replied 1 year ago.

yes I have reported it to my insurance company (my car has been written off as today). The police attended the scene and questioned a witness, myself and the other driver. It resulted in my statement matching what the witness saw and the other driver being reported for driving without due care. Just after a bit of reassurance that's all really

Expert:  Stuart J replied 1 year ago.

It is likely that he is 100%liable

Where did you hit his car?

I need to know impact points on his and yours.

Customer: replied 1 year ago.

my front passenger side of car was mush . His van took a heavy knock to his passenger wing. He'd almost cut the corner so my passenger wing collided with his passenger wing. At this point my car spun as drivers side still had traction and i ended up facing the the direction from which i had come. Travelling roughly 55mph

Expert:  Stuart J replied 1 year ago.
Did you swerve to the right before impact?
Customer: replied 1 year ago.

nope just straight into him

Customer: replied 1 year ago.

nowhere to swerve to really. No way to avoid vehicle. It was a narrow B road (straight though) DIVIDED BY WHITE LINE

Expert:  Stuart J replied 1 year ago.




Collisions like this are rarely straightforward. From the facts you have
given it seems most likely that the insurance companies will agree 100%
liability by him.

The reason I say probably is that there is a doctrine of "firmly
established on the road". Let me give you an example:



if he had almost completed the manoeuvre and you hit his rear wing, then
although he pulled across the front of you, he was already established in the
road in the middle have this manoeuvre.



If for example he had only just started to turn across the front of you and
you hit him head-on or with your driver's side wing then, (provided you were on
your own side of the road and also provided the other driver does not lie
through his teeth!), Then there can be almost no doubt.



I am not altogether certain how your passenger-side wing could contact his
passenger-side wing which is why I asked if you had swerved to the right.



Can I assist further?



Please bear with me today because I will be online and off-line .



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Customer: replied 1 year ago.

perhaps I should of said the passenger side of the front of my car(not really the wing!!). yes I get your meaning If i hit the rear of his vehicle he would of been established on the road. I was at all times until the impact on my side of the road travelling within the 60mph national speed limit. He tried to lie to the police but they cut him down straight away (self presevation as they called it!)

Expert:  Stuart J replied 1 year ago.

Thanks. I think he will struggle to prove any less than 100% liability on these facts.

I assume that there was side road or turning that he was turning into.

Can I help further?

 

 

Customer: replied 1 year ago.

yes he was turning right into a lane to his place of work

Expert:  Stuart J replied 1 year ago.




In which case, I think he is really going to struggle. The insurance
investigators look in particular at things like that and things such as whether
he was late for work.

In circumstances like that, people tend to be less careful



Please don't forget to positively rate my answer service) and I will follow
up any further points you raise for free.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating



Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 19424
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 3 other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

I just wanted a bit of reassurance as I keep going over and over what happened in my head. Yes I'll leave you excellent feedback. Thanks for your time - money well spent. enjoy the rest of your day

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