Crash Advice please
Discussion
A little help here please.
Had an accident this evening, 30 limit, car parked on double yellows outside a shop, I indicated right to signal intent to pass it and did so, somewhere around this time he decides to drive away, his front offside connects with my front nearside.
He remarked afterwards that he thought I was turning in to a side road opposite where he was parked, hence pulled away. I said I was signalling to pass him and he simply said "ahh..."
You only have one side of the story of course but I wish to claim on his insurance.
Car has been picked up by BMW, I've informed my insurer and passed on what details I have for the other driver.
My car is 17 days old
If the car is deemed repairable do I have to accept ?
Is there anything else I should be doing ?
Had an accident this evening, 30 limit, car parked on double yellows outside a shop, I indicated right to signal intent to pass it and did so, somewhere around this time he decides to drive away, his front offside connects with my front nearside.
He remarked afterwards that he thought I was turning in to a side road opposite where he was parked, hence pulled away. I said I was signalling to pass him and he simply said "ahh..."
You only have one side of the story of course but I wish to claim on his insurance.
Car has been picked up by BMW, I've informed my insurer and passed on what details I have for the other driver.
My car is 17 days old
If the car is deemed repairable do I have to accept ?Is there anything else I should be doing ?
Thanks, thats not good news.
He wasn't moving until I was beside him, I was aware of something to my left, had no time to react before impact. He's pulled out fairly sharply.
Either way he clearly saw me and decided he was able to pull out.
ETA: Is there anything else I should/can do?
Will speak further with insurer in the morning and call the BMW dealer too.
He wasn't moving until I was beside him, I was aware of something to my left, had no time to react before impact. He's pulled out fairly sharply.
Either way he clearly saw me and decided he was able to pull out.
ETA: Is there anything else I should/can do?
Will speak further with insurer in the morning and call the BMW dealer too.
Edited by Crafty_ on Tuesday 19th May 23:29
He wasn't indicating as I approached and passed, was about 8:40-50 or so, so lights would easily be visible, in fact I didn't see any lights on his car.
There was a witness, he asked if we were all right and went on his way, didn't have the nous to keep hold of him amid the shock. Stupid.
People are funny though aren't they, a lady appeared from a house with a broom, and brushed the debris out of the road. As I was waiting to be picked a few walkers stopped and asked if I was okay. One kind gentleman who was passing even stopped, parked up and came to check on my welfare. The rest of the mongs just drove by, staring when they really should have been paying attention where they were going...
Is there anything else I should be doing ? I have pictures as I happened to have a camera in the car with me, will take more tomorrow to show road layout.
There was a witness, he asked if we were all right and went on his way, didn't have the nous to keep hold of him amid the shock. Stupid.
People are funny though aren't they, a lady appeared from a house with a broom, and brushed the debris out of the road. As I was waiting to be picked a few walkers stopped and asked if I was okay. One kind gentleman who was passing even stopped, parked up and came to check on my welfare. The rest of the mongs just drove by, staring when they really should have been paying attention where they were going...
Is there anything else I should be doing ? I have pictures as I happened to have a camera in the car with me, will take more tomorrow to show road layout.
You are correct about double yellows. You learn something every day.
I was indicating to pass a parked car, as per highway code. It may seem strange to do so but I must admit to driving more stringently since I got the car. Apparently, just as the double yellows are irrelevant I am told indicators shouldn't be relied on - so if someone indicates and then doesn't complete the manoeuver it doesn't mean they are automatically at fault - definitely something to keep in mind when on the roads..
Anyway, long story cut short, he has (on a recorded phone call) given the same version of events and as far as the accident management company is concerned he has accepted liability.
However, they won't deal with the claim because the car is at a main dealer to be repaired (they only use their own repairers), so thats back with my insurance company who are seeking to have the other driver's insurance company accept liability (which isn't the same thing as him doing so).
Car arrived at the local dealer earlier today. Spoken to them and they will deal with the assessment of damage.
Take aways:
BMW Emergency assist was brilliant. If you have wives/daughters who drive a lot, maybe with kids in the car it would give some peace of mind they were looked after.
Admiral and Albany assistance have thus far also been very good. Given horror stories we hear about insurance I'm very glad its been easy to deal with - I hope it continues. Given I was insured with Adrian Flux on my old car (and their reputation) I was concerned about this.
I was indicating to pass a parked car, as per highway code. It may seem strange to do so but I must admit to driving more stringently since I got the car. Apparently, just as the double yellows are irrelevant I am told indicators shouldn't be relied on - so if someone indicates and then doesn't complete the manoeuver it doesn't mean they are automatically at fault - definitely something to keep in mind when on the roads..
Anyway, long story cut short, he has (on a recorded phone call) given the same version of events and as far as the accident management company is concerned he has accepted liability.
However, they won't deal with the claim because the car is at a main dealer to be repaired (they only use their own repairers), so thats back with my insurance company who are seeking to have the other driver's insurance company accept liability (which isn't the same thing as him doing so).
Car arrived at the local dealer earlier today. Spoken to them and they will deal with the assessment of damage.
Take aways:
BMW Emergency assist was brilliant. If you have wives/daughters who drive a lot, maybe with kids in the car it would give some peace of mind they were looked after.
Admiral and Albany assistance have thus far also been very good. Given horror stories we hear about insurance I'm very glad its been easy to deal with - I hope it continues. Given I was insured with Adrian Flux on my old car (and their reputation) I was concerned about this.
Care to furnish me with the relevant section?
I was taught to always indicate to pass a parked car and have done so for 20 years ? including where the accident occurred.
In any case, I am informed by insurers that indication is irrelevant anyway, even if I had not indicated he would still be at fault.
I was taught to always indicate to pass a parked car and have done so for 20 years ? including where the accident occurred.
In any case, I am informed by insurers that indication is irrelevant anyway, even if I had not indicated he would still be at fault.
btcc123 said:
How is being parked on double yellows not relevant.Its against the law and if he had not done this there would not have been an accident.
OP the BMW dealers will not repair the car but send it to a body shop they use that will probably be on your and the third parties insurance company authorised list of repairers.
If possible get the third party insurance to repair your car and sort out a hire car.Be careful if your insurance company put you in contact with a Accident Management company they deal with as they will be a credit hire company and you may be liable for some costs if the third party insurance refuse to pay their claim.
Double yellows - I suppose its the "Well, I was parked unloading some passengers/goods and...." in which case parking on them is "allowed" right ?OP the BMW dealers will not repair the car but send it to a body shop they use that will probably be on your and the third parties insurance company authorised list of repairers.
If possible get the third party insurance to repair your car and sort out a hire car.Be careful if your insurance company put you in contact with a Accident Management company they deal with as they will be a credit hire company and you may be liable for some costs if the third party insurance refuse to pay their claim.
As above indicators are irrelevant too. The chap that spoke to the other driver even told me that in some cases speed is irrelevant too - e.g. if driver A causes an accident involving Mr B if Mr B was speeding that that did not contribute to the accident it doesn't matter.
Basically, to me it seems that whoever f
ked up the most gets the blame, if thats not clear it goes 50/50. A side impact generally goes 50/50 but in my case because he admitted seeing me and pulled away from the side of the road its his fault.The dealer it has gone to have their own bodyshop and they will be doing the estimate/work.
Accident management company are providing a hire car, I have all the legal dross but I was aware of the small print and have asked questions before proceeding. Vehicle claim is going via my insurer.
RE: Double yellows - I was taught to indicate intent to pass any obstruction / cyclist etc. Not only for oncoming traffic but pedestrians, vehicles at side roads (if there are any) and in the case of parked cars the occupier - i.e. "I'm intending to pass your vehicle to the right, it is not clear to pull away". In this case he saw the indication and assumed I was turning in to a side road, which was a mistake - even if I had been its quite possible we would have made contact any way.
Edited by Crafty_ on Wednesday 20th May 12:07
Loon that makes complete sense, thanks for the explanation.
andburg, the other driver gave the same account of the accident as in my first post on a recorded phone call. This is an admittance of liability as far as the guy who conducted the call is concerned, need his insurer to now admit the same - my insurer is working on it.
andburg, the other driver gave the same account of the accident as in my first post on a recorded phone call. This is an admittance of liability as far as the guy who conducted the call is concerned, need his insurer to now admit the same - my insurer is working on it.
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