[Skripa]

Hello,
Could you help me to understand my situation?
I had a car accident. We were moving on the country road: the garbage truck, the third party vehicle (TPV) after the truck, and my car behind TPV. As the garbage truck moved slowly I was waiting for the clear oncoming road. When the road was clear I waited a little longer for TPV to overtake, but he didn't show any intention to do this. So I turned the signal, moved to the oncoming road, and accelerated. When I reached TPH and almost caught up with him, he began to overtake the garbage truck. Trying to avoid the collision I braked sharply and moved to the right sideline. As the speed was very high, I couldn't avoid the collision.
THP driver describes all of this in a few sentences:"'PHV on a way and there was a lorry ahead. Lorry gave the signal to PHV to go ahead but at the same time TPV also came in and hit the PHV from behind."
Moreover, the witness(the car driving behind me) faulted me in this accident. But she has very strange evidence because she said that initially, I was behind the truck and TPV was after me. In other words, she faulted the car that was moving behind the truck but said that it was my car.
So the insurance company has 3 versions of this accident and offers me a 50\50 fault. Is it possible to prove my version or it's better to accept this offer?

[Beelzebub]

@Skripa50/50 is probably fair.

Lack of observation by TP, but you should have anticipated that and sounded you horn.

[Skripa]

@Beelzebub Thanks for answer.

[Drivingforfun]

I don’t like to argue as others know more than me but surely failing to recognise the potential for error from another driver can’t constitute a fault?

This could be a reason to make any incident a 50/50 claim - even a simple case of someone pulling out of a side road into a vehicle

Not that I’m discouraging taking control of others’ ineptitude and dealing with it yourself to avoid incident, I think that’s part of good driving

[Beelzebub]

Originally Posted by Drivingforfun

I don’t like to argue as others know more than me but surely failing to recognise the potential for error from another driver can’t constitute a fault?

This could be a reason to make any incident a 50/50 claim - even a simple case of someone pulling out of a side road into a vehicle

Not that I’m discouraging taking control of others’ ineptitude and dealing with it yourself to avoid incident, I think that’s part of good driving

OK, "50/50 is probably fair" was perhaps a poor choice of words, I should have said OP has partly at fault.
In the circumstances he described, the TP was reluctant to overtake, and may well have been nervous/timid/inexperienced. Whatever, it is always wise to ensure that others are aware of your present.
In practice, whether it was 50/50 or 10/90 makes no difference at all to the OP.: whenever fault is shared, it's recorded as a "fault" claim.