Expert: Richard Hixenbaugh - 10/9/2009

Question
Hi
I pulled out of a junction this morning and checked both left and right before i did so and there were no cars in either direction.  By the time I had pulled out a car had come round the corner and although seemed to be going at average spped didnt brake to avoid hitting me and clipped the back corner of my car.  Whose at fault?

Answer
Hi Natalia,

Being based in the U.S. I am not familiar with U.K. law or liability determinatin, however, based on your description I would say that it may be determined to be 50/50 liability. You would be considered to be 50% at fault for proceeding through a right of way. The other driver would be considered to be 50% at fault for not taking evasive action.

Keep in mind that I am only reading your side of the story. Certainly the other driver may have a different version. The insurance claim adjuster will take more specific statements from both drivers and will make a liability decision accordingly.

I hope this helps
Richard Hixenbaugh