So who's at fault here

kincaid

My lass was driving is her corsa behind a sprinter van in a town and on approaching a junction to the right the van goes way over the white line as if going right, no indicators at all and she drives on down past but then van driver who is a lass too swings into the left again and hits her on the side of her car., she said she indicated and my lass run into her, van is bit damaged on sliding door passenger side and his car has headlight, tip of wing and bumper damage

She says she was going into that commerical area on the left and had to go over the while line to and drive further down to swing into it.

Yes it is a awkward entrance as at an angle, she said she had indicators on but had not, it was her the swung back over and hit her

Del2005

If no one has a dash cam then it's your lass's word against the van driver. In the end your lass passed on the left so will get a lot of the blame.

xabi

50/50 maybe

kincaid

https://www.boards.ie/discussion/comment/122121789#Comment_122121789

Passed on the left when she seen other vehicle moving over white line to take the junction but instead swung back into her car, like van is hit just after passenger door, minor damage and no one hurt but just kinda wanted to know what's what, no dash cam.....

So if 50 50 then its fix your own so

standardg60

https://www.boards.ie/discussion/comment/122122027#Comment_122122027

If there wasn't a right turning lane then it's 100% your lass's fault, other car moved out to take the tight turn, indicators are irrelevant, she was following so should have held back.

saabsaab

Why aren't people using indicators anymore?

_Kaiser_

https://www.boards.ie/discussion/comment/122122169#Comment_122122169

Seems to be endemic in Cork and has been for years - drives me demented every time I'm down there (regularly).

On the above though : the van driver was being a bit dramatic with the turn by the sounds of it, but without witnesses or cameras it'll be hard to prove - although that said, how the OP's OH could have hit the left side door of the van without already being in that space of road might help assuming the damage is to the right front of the car.

kincaid

https://www.boards.ie/discussion/comment/122124294#Comment_122124294

There was a right hand turn there and the other driver moved on to the right so you would assume they were going out that road and she just assumed that too and since the left hand road was clear to drive on she did but van swung to the left and hit her

Kurooi

Did they take photos of the cars before moving off? Was either car in the lane?

Marcusm

https://www.boards.ie/discussion/comment/122315994#Comment_122315994

hard to see how it won’t go against your girl. By your admission there was no right indicator so not even that mitigation for attempting to pass on the left. Harsh but can’t see how others are saying 50/50 on a single lane road.

Jim_Hodge

https://www.boards.ie/discussion/comment/122315994#Comment_122315994

You said yourself there….she just assumed…her error.

FishOnABike

If the van driver didn't indicate your lass should have assumed the van was going straight and stayed behind the van. If in doubt, drive defensively.

893bet

https://www.boards.ie/discussion/comment/122316069#Comment_122316069

This. Logic must prevail on this situation and your lass made some poor decisions.

And indicators mean nothing.

GSBellew

Very similar happened to my Dad in the early 90's, except the van pulled left as if to stop at the side of the road, he went to overtake and the van swung right to enter an entrance on the other side of the road, it went against him & he had to pay as he was overtaking.

Whatwicklow

The van commenced a manoeuvre (with or without indicating)

Your girl was behind and tried to pass out the van.

There was contact.

You will do v well to get 50:50.

Whocare

Van is wrong only because it was turning into private entrance if was public road it difference story. Years ago same thing happened to my with truck because it was turning into private entrance and saying there was No indicators being used made the difference so truck insurance pay out

extra-ordinary_

Your lass would want to keep more of a distance and when vehicle in front does something unusual without indicating then hang back and see what's what.

drury..

Dashcam and take pictures and let insurance sort it out

The old way of debating who's at fault on the roadside is gone

Mellor

https://www.boards.ie/discussion/comment/122315994#Comment_122315994

Was there two lanes or a single lane? Can you link on google maps to the area? Would potentially make a huge difference to liability.

https://www.boards.ie/discussion/comment/122316954#Comment_122316954

They van is only at fault if the car can justify passing on the left

Whocare

https://www.boards.ie/discussion/comment/122317000#Comment_122317000

Van is wrong private entrance and that it was professional driver will make difference.

Whocare

same thing here Without a doubt truck will be found at fault here professional driver should have check his mirrors

Markcheese

https://www.boards.ie/discussion/comment/122316968#Comment_122316968

Even with a dash cam there'd be debate ,

Yes it would show wether the indicator was on or not , but it cant show the other drivers view / interpretation ect,

And the wide angle of the lens can seriously distort our view of distance and road position

Mellor

https://www.boards.ie/discussion/comment/122317121#Comment_122317121

The rules if the road are the same for professional drivers. Why do you think that or being a private entrance is relevant?

If the car was illegally passing on the left, then they are liable, regardless if whether or not the van could have spotted them.
On the other hand, if the car was legally driving in their lane, and van cut in, the van is at fault.

standardg60

https://www.boards.ie/discussion/comment/122317131#Comment_122317131

Do not pass on inside if truck is turning left.

They're aren't two lanes there so for me BMW driver will be repairing their own car.

893bet

https://www.boards.ie/discussion/comment/122317274#Comment_122317274

100 percent.

All this talk of professional drivers and private entrances smackes of barstool analysis.

Jim_Hodge

https://www.boards.ie/discussion/comment/122317131#Comment_122317131

Absolutely the car's fault. Passing a truck on the left while the truck is turning left?

Whocare

https://www.boards.ie/discussion/comment/122317593#Comment_122317593

Truck driver the Professional should have check his mirrors very poor driving by him

Dav010

https://www.boards.ie/discussion/comment/122317648#Comment_122317648

if his indicator was on and he had started to turn before car shot in on the inside, I’m struggling to see how it could be the truck drivers fault. Those vehicles can’t take a corner fast, so in all probability the car driver was up the trucks arse or travelling at speed when she went to undertake.

893bet

The people here arguing about fault are half the problem when the examples are cut and dry; so many people are so badly able to understand right of way.

I was recently in a fender bender myself; the driver of the other vehicle denied liability; hilarious, claiming i was going to fast and some how went outsider her and had driven the side of my car into her front left bumper (really being she pulled from a side road into my path, I swerved and almost managed to get around her but should have ploughed into the silly €&&&)).

Her insurance company saw sense thankfully and accepted on her behalf, but took 4 weeks and lots of wasted times with assessors that were not needed.

extra-ordinary_

https://www.boards.ie/discussion/comment/122317648#Comment_122317648

Don't overtake truck on inside whilst it's doing a manoeuvre and driver cannot see you in mirrors - basic driving skill 101

drury..

https://www.boards.ie/discussion/comment/122317207#Comment_122317207

Ya but insurance sort it out 50/50 70/30 whatever

Doesn't matter much what people think