He indicated and slowed, but then carried on!

I recently had an accident when I was stationary at a junction ready to turn left into a main road. A car approaching from my right was indicating left and it looked like it was slowing down. I naturally assumed it was going to turn into the road that I was exiting but it didn’t, and as I pulled out he knocked me off my bike. His insurance company now says that the accident was my fault. How can that possibly be right when he was indicating to turn left and slowing down!?

Ingo, by e-mail

Answer

There are many reported cases on accidents like yours, but the case of Winter v Cotton is closest to your accident circumstances. That case also involved a vehicle that was slowing-down and indicating. Winter relied on the misleading indication and Cotton’s slow speed and the court decided that Cotton was 100% to blame.

The Highway Code makes it clear that a driver on a main road has right of way but the court will look at all the circumstances surrounding the accident including signalling, behaviour and witness evidence. The advice to those emerging from minor roads is to wait and only do so when you are 100% sure it is safe to pull out.

You should argue for 100% of your compensation based on Winter v Cotton but be aware that you may need to accept a reasonable offer bearing in mind the risk of litigation, as other similar cases have not ended up 100% in favour of the person pulling out.