We had an accident where a vehicle tried to pass us on the right hand side whilst busy turning right in an intersection.
To clarify … the vehicle behind us tried to overtake while we were turning right into the intersection – both right hand side.
Our insurance claims that both parties are at fault … and I fail to see how we could be at fault since we had the right of way and all indications was given that we are busy turning. In fact the way the car was hit, indicates that we were already in the turn.
Ye we can understand that you feel that it was the sole negligence of the driver that passed who caused the accident.
There is however case law and we think that the insurance company is relying on that , that in the event of any driver turning to the right the most responsibility is on the driver who turns right.
The case law says 80/20 in your favour, definitely not 50/50.
Hope this will help
CORNE VAN DE VENTER
CORNE VAN DE VENTER ATTORNEYS