Hit by an indicating driver

I was waiting at a junction to turn left onto a main road. A car approaching from my right was signalling left and appeared to be slowing down, so I believed the driver intended to turn into the road I was leaving. As I pulled out on my motorcycle, the car continued straight ahead and collided with me, knocking me off my bike.

The driver’s insurer is now claiming the accident was entirely my fault. How can that be the case when the driver was indicating left and slowing down?

Andy, West Sussex

Answer

There is established case law dealing with accidents of this nature and the case most similar to your circumstances is Winter v Cotton. In that case, a driver was slowing down and signalling in a way that misled another road user into believing it was safe to proceed. The court found that the signalling driver was entirely responsible for the collision.

While the Highway Code states that traffic on a main road generally has priority, liability is not determined solely on that basis. Courts will consider all the surrounding circumstances, including the driver’s signals, speed, overall behaviour and any witness evidence.

That said, drivers emerging from side roads are expected to proceed only when it is clearly safe to do so. Because of this, insurers and courts do not always place full responsibility on the signalling driver in similar cases.

You may therefore have grounds to pursue full compensation by relying on the principles established in Winter v Cotton. However, it would also be sensible to remain open to a reasonable settlement offer, as litigation carries risk and outcomes can vary depending on the specific facts of the case.