HELP - had a bump - am i to blame ???

[big-al]

hi everyone, 
ive had a bump tonight, i was at a t junction (STATIONARY - WANTING TO TURN LEFT) i thought it was clear to go as a transit connect coming towards me had its indicator on to turn left into where i was puling out of.

so i then pulled out turning left, seconds later the transit connect went into the back of me.

there is only a slight scuff on my rear bumber, which i will probably polish out myself, but there looked to be a bit of damage on the transits front bumber (just shoved up a bit - not bad) it was a builders firms transit (woman driver and her mum was passenger)

anyway the woman who hit me was shaking like a leaf - and we swapped details, i rang my insurance and reported it and said that i wont be claiming, i just want them to expect a call from the woman.

am i to blame for pulling out? i thought she was turning left. or is she to blame for going into the back of me?

im just worried shes going to claim and try and shaft me with the old whiplash sketch!

im not claiming - anything i can say to help my case when she takes it further, im sure she will.

please help.................big al   

[TeddyKGB]

Bit of a funny one this - never "assume" someone is turning into where you're coming out of just by their indicator, you should have waited so it could be your fault

BUT she went into the back of you so it could be construed she were at fault

Prolly best to wait and see what the insurance company decides - it will probly got 50/50

If she left her indicator on and was shaking chances are she probably didn't even have her mind on the road whilst driving a 2 tonne block of metal - shocking

Let us know how you get on pal

[hobbiniho]

well i would have to say that you will be liable, for pulling out in front of her, as said before never assume that people are going to pull in just because there indicators are saying that they are, unlucky mate but its just one of these things that happen, and if she has a witness to back up her case then i think you are for the high jump that is if she goes to the insurance, the exact same thing happened to me except i was indicating to go into the next street, the street that the car was coming out of was a 1 way street  any way im just glad that my mums car has abs and that i was paying attentionor i would have hit the other car 

[Mikester]

In the end, you shouldnt have pulled out, she shouldnt be indicating, she has brakes, so do you, you could have floored it. So many possibilities, but in the end, you can probably get of with a 50/50 as your insurance wont like it.

Insurance companies take away the umbrella when it rains. FACT

[Simpson]

not necessarily, i had an accident a few ears ago i went into the back of a guy who carelessly did a u turn on a busy a road then moved on a few yards then stopped dead intending to turn right with no indication, i didnt react i time assuing he was going to carr yn hit him up the arse! i managed to argie in court and got 50/50 only due to him carrying out a dangerous and illegal manouve beforehand.

Anyway in your case, it can all depend whether she hit you dead on the back or on the corner if it is the corner you could be liable or it could be 50/50 if not and she hit you square on the back you will probably not get the blame as she should have had time to stop. Only my opinion i stand to be corrected. Dont worry it sounds minimal damage at least, bummer though. 

[mr magoo]

Think there's a case for this - Wadsworth v Gillespie - was settled 2/3 to 1/3 in favour of the person on the main road, indicating.

Your insurers should know this - it's one of the main caselaws in use!

Cheers