advice needed re dispute with bus company

advice needed re dispute with bus company

Author
Discussion

StevenB

777 posts

197 months

Friday 16th January 2015
quotequote all
Where both of you moving or had one of you stopped ?

s4tronic

Original Poster:

245 posts

126 months

Friday 16th January 2015
quotequote all
Thanks for the advice so far.

I was moving as was he, road markings are there but worn thats why I wanted to see cctv to check if you can make out where the bus was in relation to the line.

Just gutted that they can get away with it scot free.

marshalla

15,902 posts

201 months

Friday 16th January 2015
quotequote all
valiant said:
Can you not do a freedom of information request for the cctv?

Might cost you a few pounds but if I recall correctly there are only a few specific reasons why they might refuse. Can always threaten them with the information commissioner if they get obstructive..
No. FOI only applies to public bodies.

DPA is the way to go, and you have the right to see any CCTV which contains your personal data (the ICO guidance explicitly uses car reg. as an example). They can refuse if disclosing to you would also disclose someone else's personal data (e.g. a vehicle following you, or a pedestrian walking by) and they can't redact it.

https://ico.org.uk/for-organisations/guide-to-data...
https://ico.org.uk/for-the-public/cctv/

singlecoil

33,643 posts

246 months

Friday 16th January 2015
quotequote all
s4tronic said:
Just gutted that they can get away with it scot free.
I asked earlier whether you thought your case would stand up in court. If it will, then that's where to go. If not, then talk to your insurers (which is what you should be doing anyway).

s4tronic

Original Poster:

245 posts

126 months

Friday 16th January 2015
quotequote all
singlecoil said:
I asked earlier whether you thought your case would stand up in court. If it will, then that's where to go. If not, then talk to your insurers (which is what you should be doing anyway).
From what people are saying without witness and non conclusive cctv best I would get is 50/50 fault split so not sure if its worth the hassle. I would take this to court only if I stood a chance of making them pay for the damages.

StevenB

777 posts

197 months

Friday 16th January 2015
quotequote all
As neither of you stopped i would suggest it will be 50/50.

sday12

5,053 posts

211 months

Friday 16th January 2015
quotequote all
From experience whether you are in the right or not you won't win. They've already started lying, why would they stop?

rambo19

2,742 posts

137 months

Friday 16th January 2015
quotequote all
sday12 said:
From experience whether you are in the right or not you won't win. They've already started lying, why would they stop?
What makes you think they are lying?

CaptainMorgan

1,454 posts

159 months

Friday 16th January 2015
quotequote all
So the long and short of it, the road wasn't wide enough for both of you, neither stopped and hit each other, common sense says 50/50 is fair.

StevenB

777 posts

197 months

Friday 16th January 2015
quotequote all
CaptainMorgan said:
So the long and short of it, the road wasn't wide enough for both of you, neither stopped and hit each other, common sense says 50/50 is fair.
+1

s4tronic

Original Poster:

245 posts

126 months

Friday 16th January 2015
quotequote all
CaptainMorgan said:
So the long and short of it, the road wasn't wide enough for both of you, neither stopped and hit each other, common sense says 50/50 is fair.
Bit quite, I was in my lane, bus was over the white line and as he was out of space he should have stopped and let oncoming traffic past before moving beyond lane markings...

KFC

3,687 posts

130 months

Saturday 17th January 2015
quotequote all
CaptainMorgan said:
So the long and short of it, the road wasn't wide enough for both of you, neither stopped and hit each other, common sense says 50/50 is fair.
How do you work that out ? One of them was in their lane, one of them wasn't. Otherwise they couldn't have collided in the first place.

The same happened with me - woman driver coming the other way hit the side of my car. She'd strayed over the line, not by much but she was on my side. I managed to get her to admit it at the scene, and recorded her on my phone without telling her.

The insurance investigator they sent out was a bit of a dick about things and complained that she was "only just" over the line. They're paying out in full, 8k of damage


Chrisgr31

13,483 posts

255 months

Saturday 17th January 2015
quotequote all
s4tronic said:
Bit quite, I was in my lane, bus was over the white line and as he was out of space he should have stopped and let oncoming traffic past before moving beyond lane markings...
What we don't know is how long these narrow sections are, and why neither you nor the bus driver stopped before the narrow section. The bus driver will presumably drive that road numerous times a day and therefore know if he can pass another car at that point.

Fer

7,710 posts

280 months

Saturday 17th January 2015
quotequote all
sday12 said:
From experience whether you are in the right or not you won't win. They've already started lying, why would they stop?
Again from experience - they will suddenly find a witness after over a year who said it was all your fault.

plasticman

899 posts

251 months

Saturday 17th January 2015
quotequote all
Is it worth measuring the road and the bus to see if it was impossible for the bus not to be on your side of the road ?

TooMany2cvs

29,008 posts

126 months

Saturday 17th January 2015
quotequote all
s4tronic said:
I was moving
So you were going for a gap that wasn't wide enough...

s4tronic said:
as was he
...as was he.

s4tronic said:
Just gutted that they can get away with it scot free.
He, presumably, didn't get £800-worth of damage to his vehicle from his error of judgement?

s4tronic

Original Poster:

245 posts

126 months

Saturday 17th January 2015
quotequote all
plasticman said:
Is it worth measuring the road and the bus to see if it was impossible for the bus not to be on your side of the road ?
Thats good idea actually. Will try to check that.

s4tronic

Original Poster:

245 posts

126 months

Saturday 17th January 2015
quotequote all
TooMany2cvs said:
He, presumably, didn't get £800-worth of damage to his vehicle from his error of judgement?
Did you read what I have written, I had no gap on my lane, bus was over white line

pinchmeimdreamin

9,965 posts

218 months

Saturday 17th January 2015
quotequote all
Can you give a google map link so we can see where this happened ?

Piersman2

6,598 posts

199 months

Saturday 17th January 2015
quotequote all
I was coming home from work on Thursday night through a small village. It was a tight road and a sharpish bend to the right hand coming up. I turned into the bend to find a 7.5 tonne delivery lorry coming the other way about 1 ft over my side of the white lines.

Did I carry on as it was my right of way?

No, I hit the brakes hard enough to throw my laptop off the passenger seat and pulled over as far left as possible whilst the lorry went passed.

I may have muttered a few choice words and then continued on my way.

Sorry OP but it's only going to be 50/50, you were both moving, you've no witnesses , and you shouldn't have been trying to squeeze into a gap that obviously wasn't there.