Junction accident, who's at fault?

#1 2017-10-11 14:13:44
SimonM

New member

Junction accident, who's at fault?

Hi, so I'm looking for a little bit of advice for my dad who was recently involved in an accident at a junction.

Scenario: My dad was turning right into a junction(indicators on)
As he committed to the turn the rear of the drivers side was hit by an overtaking car, spinning the vehicle 180°, almost rolling it over and doing extensive underside damage.

The variables to take into account in this case are speed of the road (30) the speed my dad was turning (about 10mph) the damaged area of the vehicles (Rear wheel pushed into the chassis, damage to the side of the rear bumper and the rear door where the 3rd party has slid along the side setting 3 side airbags off spinning it around 180° and writing the vehicle off 2017 vehicle uneconomical repair) the guy overtaking came from 3 or 4 cars behind so should of had enough time to see the indicator.

Anyway, back to my question, who is actually at fault in such circumstances?
In the highway code section 167 it states not to overtake approaching a junction but the other guys insurance are not admitting liability as they feel that it is my dad that is at fault.
The damage done to the vehicle seem way too much to be from a Car travelling at 30mph. I don't think there is any way to prove the guy was speeding but he clearly was speeding to manage to spin the car moving 10mph around a full 180°, remember he was overtaking from 3 (or 4) cars behind the witness(which was the driver of the car behind my dads). This witness also said that the driver was travelling quite fast overtaking.

Any help would be greatly appreciated, I know insurance are known to not admit liability, the guy actually admitted it was his fault at the scene and seemed decent but 3 days later my dad received a letter from hastings insurance stating they think he was at fault.

#2 2017-10-11 14:18:44
SimonM

New member

Forgot to mention, the damage to the other guys vehicle was front airbags set off, front bumper damage, passenger side wheel and side panel damage. his car wasn't driveable after the accident and he thinks it may be a write off(didn't have confirmation of this).