Q Driver was indicating but carried straight on

‘Press for 100% but be prepared to accept an offer’

I was waiting at a junction to turn left onto a main road and because the car coming towards me from my right was indicating left and looked as if it was slowing down, I assumed she was turning into the road I was exiting. As I pulled out she knocked me off my bike. Her insurers are claiming that it is 50% my fault. That can’t be right, can it?

Russell Davies, email

AThere is quite a lot of case law on this topic but the case of Winter v Cotton is closest to the facts of your accident because that involved a slowing down vehicle which was indicating, as per your case. Winter relied on both the signal and Cotton’s slow speed and the court decided that Cotton was 100% responsible for the accident. 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 sure it is safe to pull out. You should press for 100% of your compensation based on the Winter v Cotton case but do be prepared to accept a reasonable offer bearing in mind the ever-present litigation risk because other cases similar to this have not ended up 100% against the driver pulling out.