advice needed re dispute with bus company

[s4tronic]

Looking for an honest opinion what chances I have to win my claim against my local bus company.

I was driving on a road in town that run between two golf courses so narrows down in places but is just wide enough. Was on my lane, as much as I could be to the left without mounting pavement and bus going opposite direction has clipped my drivers side wing mirror. I am absolutely positive that I was as much to the left as possible and at the time bus driver didnt say much. We filled in the form and went separate ways as I had wee one in the car and was on the way to the nursery. 30 min later I phoned the number on the form and was advised they will review cctv and get drivers report before accepting responsibility for an incident. Week later they come back to me and say that I AM RESPONSIBLE. Ffs. Driver claims he was as much to the left as he could and I was driving too fast (I wasn't).

So its basically his word against mine but also they say footage is dark (it was 7.30am) and they are not willing to show this to me due to data protection act.

What options I have and what chances of them accepting responsibility without my witnesses. Are they allowed to deny me watching the footage if they use it to determine that its not their responsibility?

[s4tronic]

TooMany2cvs said:

Are we just talking mirror damage? Unless it's going to be a silly-price mirror, swallow it. If you go through insurance, it'll go 50/50 at best - and that WILL end up costing you more.

Its Audi S4 - Audi parts and labour to fit came to £780... I can buy second hand and fit myself but that still will be £200-300 as aluminum caps and antidazzle glass aint that common and cheap.... Besides its their fault so I find it really hard to just accept defeat

[s4tronic]

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.

[s4tronic]

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.

[s4tronic]

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...

[s4tronic]

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]

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

[s4tronic]

pinchmeimdreamin said:

Can you give a google map link so we can see where this happened ?

14 Glenlockhart Rd

http://goo.gl/maps/UNrEE

This is a little bit further down the road (incident was about 50m before) but this gives you an idea how narrow the road is. Bus was going same direction as on this picture.

[s4tronic]

I am really astounded that some of you think I would have driven knowingly into the bus if I had seen it before on my lane. Of couse before the bus hit me it didnt look like it was coming straight onto me but literally split seconds before the impact it did cross my mind gosh he's going to pass me a bit too close but not even had a chance to react as at that point impact has occurred.

I will try to request the footage again formally and will try to challange them again.

[s4tronic]

CaptainMorgan said:

If someone had just driven into on coming traffic with no reason to then I would expect them to be found at fault.

Thats the jist of it really. If he drove into me, what chances I have of them accepting responsibility without witnesses and with driver of the bus lying in his report? That was the question I asked.

[s4tronic]

vonhosen said:

But what did you do whilst someone was driving at you (is the question you'll be asked)?
Stop?
Go off road?
Just keep driving at him?

what a stupid question that is - If I had time to react from the moment I realised he was going to hit me I would have swerved to the left, possibly mounting pavement at that time and damaging rim/suspension in the process. Don't want to think if there would be people on the pavement.
I didn't have time because it happened so quickly, it was 7.30 so still quite dark. He made a mistake and didn't leave me space.

IF I was stationary it would of course be his fault, case closed, so how the fact that I was moving as well make it any less his fault that he drove into me? If you apply this logic, if you t bone someone at the junction its 50/50 because he was moving as well?

[s4tronic]

Sheepshanks said:

If the road was that wide where the incident took place then there shouldn't have been any problem at all.

Unless bus was not all thw way to the left and was over white line and in my lane... Doh.

[s4tronic]

I'm not a native english speaker so maybe my message didn't get across. I didn't expect it was going to hit me until it was too late - I wasn't speeding - was driving 30mph and I drive that road every day so I know how narrow it is. It feels like my words are being analysed and re-analysed to find the inconsistency and prove my fault.

[s4tronic]

allergictocheese said:

That's what you should expect if you're asking about blame. People are reliant on the words you use.

For example, if you know the road is narrow and you use it daily, should you have expected wide vehicles to encroach your lane (I am not prejudging, merely asking)?

I've passed buses there on number of occassions in the past and never before collided with one.

[s4tronic]

vonhosen said:

Oops

Its 30mph speed limit where I had an incident, 20mph is much further for a short distance and on the bend. Where bus hit me it was pretty much on the straight road.
So good try but no.