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[Andy B]

'you' are turning right onto a main road from a side road.
A car on the main road coming towards you on your right is indicating left to turn left into the road you're tuning out of.
You move forward to make your right turn ..... meanwhile
the car behind the car tuning left overtakes said car & broadside you.

Genuine question ..... who's to blame? You? Or the overtaking car?

Asking for a friend!  (honestly not me but my young nephew)

[STEMO]

It's a difficult one but, if I was forced to make a judgment, I would say the car pulling out of the side road should not proceed until they can see that the main road is clear.
It could have been a cyclist coming around the car and that would have been game shot and match.

[Raeturbo]

I agree

[dave the builder]

You have to ensure that your path is clear to enter/join a road without slowing other road users
so I'd say the driver who pulled out the exit
the person following the car turning in can overtake IF the path is clear ,or continue at speed in the same lane ,either way it would hit anyone pulling out .
that's what I would think , maybe there's a "rule book" for the highway

[STEMO]

Highway Code:
You must not assume, when waiting at a junction, that a vehicle coming from the right and signalling left will actually turn. Wait and make sure

You must look all around before emerging. Do not cross or join a road until there is a gap large enough for you to do so safely.

[Andy B]

It's a difficult one but, if I was forced to make a judgment, I would say the car pulling out of the side road should not proceed until they can see that the main road is clear.
It could have been a cyclist coming around the car and that would have been game shot and match.

It is a difficult one  ....
I'm undecided too. The overtaking car also has to ensure that his/her road is clear too. I know that on occasion when I've pulled out to pass a car turning left I've been very aware that a car could pull out of the side road 

[STEMO]

It's a difficult one but, if I was forced to make a judgment, I would say the car pulling out of the side road should not proceed until they can see that the main road is clear.
It could have been a cyclist coming around the car and that would have been game shot and match.

It is a difficult one  ....
I'm undecided too. The overtaking car also has to ensure that his/her road is clear too. I know that on occasion when I've pulled out to pass a car turning left I've been very aware that a car could pull out of the side road 

Since my first post I've quoted the Highway Code. Your nephew is in the wrong. If he'd have waited to make sure that the car was actually turning, he'd have missed the overtaking car.

[Andy B]

..... until there is a gap large enough for you to do so safely.

presumably there would have been if the overtaking car hadn't been there.

The car my nephew was in was a Kia Picanto? (the very smallest Kia) had all it's air bags deploy so assume it'll be written off. It's only just gone back on the road after roof tiles were blown off their house's roof onto it in a recent storm.

[STEMO]

He can, of course, argue the toss. Insurance companies do like to dismiss these  things as knock for knock. The other driver might push it though, especially if he believes he's in the right.

[Andy B]

.....
Since my first post I've quoted the Highway Code. Your nephew is in the wrong. If he'd have waited to make sure that the car was actually turning, he'd have missed the overtaking car.

Probably.
Depending on the road junction it's possible to see that the car indicating car left is actually turning left and still have a car overtake it while I'm deciding whether to pull out

[STEMO]

..... until there is a gap large enough for you to do so safely.

presumably there would have been if the overtaking car hadn't been there.

The car my nephew was in was a Kia Picanto? (the very smallest Kia) had all it's air bags deploy so assume it'll be written off. It's only just gone back on the road after roof tiles were blown off their house's roof onto it in a recent storm.

If the other car hit him broadside on the drivers side, he's lucky he's around to tell the tale.

[STEMO]

Tell your nephew to move to Bradford. They have different rules there or, should I say, they don't have any rules there. If you're driving along and see a car waiting to pull out, it's gonna pull out.

[Andy B]

..... until there is a gap large enough for you to do so safely.

presumably there would have been if the overtaking car hadn't been there.

The car my nephew was in was a Kia Picanto? (the very smallest Kia) had all it's air bags deploy so assume it'll be written off. It's only just gone back on the road after roof tiles were blown off their house's roof onto it in a recent storm.

If the other car hit him broadside on the drivers side, he's lucky he's around to tell the tale.

There's photo showing the damage to the car. It was hit smack back in the middle of the car, B post is bent. It must have been a real shock as the car that hit would have just been a few inches form him when the dust settled .... he's a snow flake at the best of times. 

[Andy B]

Tell your nephew to move to Bradford. They have different rules there or, should I say, they don't have any rules there. If you're driving along and see a car waiting to pull out, it's gonna pull out.

He'd definitely stand out in Bratford ..... white with blue hair! 

[STEMO]

..... until there is a gap large enough for you to do so safely.

presumably there would have been if the overtaking car hadn't been there.

The car my nephew was in was a Kia Picanto? (the very smallest Kia) had all it's air bags deploy so assume it'll be written off. It's only just gone back on the road after roof tiles were blown off their house's roof onto it in a recent storm.

If the other car hit him broadside on the drivers side, he's lucky he's around to tell the tale.

There's photo showing the damage to the car. It was hit smack back in the middle of the car, B post is bent. It must have been a real shock as the car that hit would have just been a few inches form him when the dust settled .... he's a snow flake at the best of times. 

No doubt when he looked out of the drivers side window, he got a close up of a very angry face 

[Andy B]

....
No doubt when he looked out of the drivers side window, he got a close up of a very angry face 

  No doubt 

[Kevin Wood]

Technicalities aside, it shows very poor roadcraft to overtake on a road with side roads where there is traffic waiting to turn, IMHO.

[Raeturbo]

Indeed, a traffic  cop would never do that.

[Doctor Gollum]

Were the police involved?

Their input may well have a bearing on culpability from an insurance perspective. 

Had a similar incident where I T-boned a Maestro with a Renault 25... Me driving along a road, when said Maestro (driven by a learner) pulled out of a side road on my left having been flashed out by an on coming car, and so pulled  out in front of me without looking to their right first.

That got settled 50/50, because although all four wheels locked up, it was suggested that I may have been speeding, even though they were technically bang to rights.

[Andy B]

Were the police involved? ...

Don't think so 

[Andy B]

Technicalities aside, it shows very poor roadcraft to overtake on a road with side roads where there is traffic waiting to turn, IMHO.

That's what I thought

[Andy B]

....
That got settled 50/50,  ......

It seems that's often the easiest way out for insurance companies

[Doctor Gollum]

....
That got settled 50/50,  ......

It seems that's often the easiest way out for insurance companies

It may be appropriate in this case as both vehicles involved were obscured from each other by the vehicle turning left

[Raeturbo]

Have you checked the road markings? Double white lines near the junction for example? Perhaps.

[STEMO]

The insurance company will decide, pending objections from either party. But, in my opinion, anyone who gets hit coming out of a side road is at fault.

[Field Marshal Dr. Opti]

It's a difficult one but, if I was forced to make a judgment, I would say the car pulling out of the side road should not proceed until they can see that the main road is clear.
It could have been a cyclist coming around the car and that would have been game shot and match.

Pretty much this.

People (usually girlies) often have their indicator flashing for hours after the have made a turn.

Another hazard to be aware of is  when sitting at traffic lights and waiting to turn left. Cyclist will sometimes filter up the inside and then when you turn left .......

[Raeturbo]

Have you checked the road markings? Double white lines near the junction for example? Perhaps.

            In which case they shouldn’t have been overtaking.

[Andy B]

Have you checked the road markings? Double white lines near the junction for example? Perhaps.

I haven't got involved  .... 

[Andy B]

It's a difficult one but, if I was forced to make a judgment, I would say the car pulling out of the side road should not proceed until they can see that the main road is clear.
It could have been a cyclist coming around the car and that would have been game shot and match.

Pretty much this.

People (usually girlies) often have their indicator flashing for hours after the have made a turn.

......

But it wasn't the car turning that was the problem .... it was the car that overtook it 

[Doctor Gollum]

It's a difficult one but, if I was forced to make a judgment, I would say the car pulling out of the side road should not proceed until they can see that the main road is clear.
It could have been a cyclist coming around the car and that would have been game shot and match.

Pretty much this.

People (usually girlies) often have their indicator flashing for hours after the have made a turn.

......

But it wasn't the car turning that was the problem .... it was the car that overtook it 

Technically it was, although overtaking it was also retarded.

[Rangie]

'you' are turning right onto a main road from a side road.
A car on the main road coming towards you on your right is indicating left to turn left into the road you're tuning out of.
You move forward to make your right turn ..... meanwhile
the car behind the car tuning left overtakes said car & broadside you.

Genuine question ..... who's to blame? You? Or the overtaking car?

Asking for a friend!  (honestly not me but my young nephew)

. 


Personally I'd tell him to wait till he gets a call from  India asking him about the accident & let them sort it 😅