Country lane accident. Am I at fault?

  • dginfinite's Avatar
    I was driving down a small country lane about a car and a half in width. I turned a corner and there was another car driving the other way. I braked in plenty of time and steered to the left, unfortunately as I steered to the left I skidded on the mud, it had been raining the past couple of days and I slid for some time before my car stopped. fortunately the accident was not as bad as It could of been, both our wing mirrors scratched each others cars, his worse than mine.

    My question is when it comes to insurance would I be at fault? I am more than happy to admit that I shouldn't have turned to the left and not gone through the mud, if I had stayed on the road I would have stopped in plenty of time but I done what I thought was best at the time. Does this make the incident my fault?

    Thanks for any help
  • 2 Replies

  • Best Answer

    TC1474's Avatar
    Best Answer
    @TC1474 what do you think?

    I thought I had already responded to this yesterday.

    So at the risk of repeating myself so apologies if this is the case.....

    This could go what is called split liability (50/50)

    The reason for this is that given the nature of the road, the courts would argue that both parties should have driven at a speed suitable for the drivers to stop within the distance they can see to be clear. This obviously was not the case.

    The second point or argument that will be used is that both drivers given the nature of the road should have based driving plans based on what they could see, what they couldn't see and the circumstances they could reasonably expect to develop, and it would be reasonable to expect to be confronted by a vehicle travelling in the opposite direction, and so this likelihood should have been anticipated.

    This is observation is obviously made without the benefit of photo's or a description of the crash scene, but by and large they are the rules the insurers and legal bods tend to apply, hence why I think it will probably go 50/50.