Mirror to Mirror accident, Advise Please

[James_N]

Hi All,

After a bit of advice please. Coming down a narrow road last night, no road markings, and well over my side, a Merc SLK came the other way, and i thought as she was coming towards me that she was quite well over, but i didnt think she was that well over my side that she would hit my mirror, but she did!

We both stopped. Her mirror had popped out of the casing. She was pretty shook up by the bang. I confirmed she was OK, and popped her mirror glass back in, and confirmed the mirror adjusted electronically as it should.

Her mirror casing was cracked, and as its a 64 plate Merc, it has the indicator in the mirror also. Not sure if this worked or not at the time.

No Damage to my car. I run a sheddy Volvo 940, so the mirror had the odd scratch anyway (it is worse now obviously but in no way worth worrying about!). She asked if my mirror was damaged and i said no, as it wasnt in any way.

She said she would get a quote for the damage, however, i said to her she was well over my side, but she said as she was pulling over anyway to drop her friend off, she was as far over the road as she could get. Even though the winter sun was in my direction, I was certainly as far over as i could get.

I think what has happened is that she has moved out slightly to miss a kerb that juts out slightly, and ended up coming out too much and hitting me.

This is where it happened: https://www.google.co.uk/maps/@52.823689,-2.182543...

Just where the white house is on the left is where we hit, just where the kerb juts out. She was coming in this direction, i was coming the other way.

What do i do now. I don't really want to have to pay for her damage, as i believe she was well over my side anyway. Do i inform my insurance just for information. What happens with knock for knock claims? I have 4 years NCB unprotected but again why should i lose that because of her? Does she claim for her damage off her own insurers? I'm not sure what to tell her when she rings me back regarding getting a quote!

Many Thanks
James

[Jefferson Steelflex]

What you tell he is "I have no intention of paying, sorry. It was your fault that resulted in damage to your own vehicle, mine is also slightly damaged but I am happy to leave it there and not claim against you."

It might be wrong here, but handing over insurance details seems like the worse thing you can do.

[pmanson]

I had an also identical incident a few weeks ago (I was pretty much stationary due to the previous car entering the corner cutting it so much when the golf following that clipped my wing mirror)

She said I hit her (I had a witness in my car). She's broken the glass on my drivers mirror (£180) and cracked the casing a little.

It turns out she was with the same insurer as me so not worth paying the excess (£500) for them to end up going knock for knock (he said, she said etc).

I've had a front and rear dash cam fitted to ensure that it doesn't happen again!

[wibble cb]

Hopefully the phrase 'low winter sun' is just that, as its August, I wouldn't be using that in any communication.

[Sheepshanks]

James_N said:

.. i believe she was well over my side anyway.

I'd be careful of the terminology - there isn't a "my side" of the a road - it's just a road. You may have been as far to the left as possible but some times there isn't room for two cars to pass at any speed - lots of roads around us (rural Cheshire) are like that.

Where you both moving at the time of impact?

[heebeegeetee]

When she calls back tell her that you consider her to be at fault. Naturally she'll reciprocate by blaming you. Just explain that neither of you has any proof and that if insurance companies are involved then it will certainly go knock-for knock. Try to explain that she'd be mad to try to claim for a mirror housing from her insurance co as it will definitely cost her far more in the long run.

Unfortunately though it does sound as though you may have to notify your insurance co. Maybe others might be able to advise what happens if she notifys her insurance co but you do not (or not until you can confirm she's called hers).

See if you can impress upon her that it will cost both of you more in the long run if insurance cos are involved. Best of luck.

[Sheepshanks]

pmanson said:

I've had a front and rear dash cam fitted to ensure that it doesn't happen again!

Don't know how that would help, except perhaps to provide the reg number of the other car. This kind of thing happens a lot round our way and whenever you talk to anyone it's happened to it's very rare that the other car (always driving "like a maniac") stops.

[Sheepshanks]

Jefferson Steelflex said:

It might be wrong here, but handing over insurance details seems like the worse thing you can do.

You're required by law to provide them, aren't you?

Not giving details seems like the worst thing to do - you'll have the Police after you. Although all they seem to do is ensure details have been exchanged - they don't appear to show any interest in prosecuting for failing to provide.

You'll also be on the back foot if the other driver got your reg and put it through their insurance.

[snorky782]

Knock for knock hasn't existed since the 1970s, so all the advice around it is pretty pointless, especially when it had nothing to do with liability and was solely around whether insurers recovered outlays against each other.

http://www.consumeractiongroup.co.uk/forum/showthr...

You might al mean 50/50, but that's a completely different thing. It's like saying I want to buy a car so will go out and get a dividend from a bank, when you mean a loan.

[pmanson]

Sheepshanks said:

pmanson said:

I've had a front and rear dash cam fitted to ensure that it doesn't happen again!

Don't know how that would help, except perhaps to provide the reg number of the other car. This kind of thing happens a lot round our way and whenever you talk to anyone it's happened to it's very rare that the other car (always driving "like a maniac") stops.

Not so much, not happening again but being able to prove who was at fault.

[Sheepshanks]

pmanson said:

Not so much, not happening again but being able to prove who was at fault.

If two cars passing each other clipped mirrors, how would a dash cam help determine who was at fault?

[TooMany2cvs]

Sheepshanks said:

pmanson said:

Not so much, not happening again but being able to prove who was at fault.

If two cars passing each other clipped mirrors, how would a dash cam help determine who was at fault?

Let's say it was 20mph impact.

Was one car stationary, one doing 20mph? Which was which?
Were both doing 10mph?
Was one going far too fast for the visibility?
Was one car in the verge, the other slap bang in the middle? Which?

[anothernameitist]

Tell her she is a dozy old MILF driving her PCP merc and get her purse out and pay up.

That may shock her into reality.

[Red Devil]

James_N said:

She said she would get a quote for the damage, however, i said to her she was well over my side, but she said as she was pulling over anyway to drop her friend off, she was as far over the road as she could get. Even though the winter sun was in my direction, I was certainly as far over as i could get.

I think what has happened is that she has moved out slightly to miss a kerb that juts out slightly, and ended up coming out too much and hitting me.

Women have many admirable qualities but, for a lot of them, spatial awareness isn't on the list.

The pulling over to drop off her friend as justification makes no sense. If she wasn't doing that would she drive even further onto the opposite side of the road?

James_N said:

This is where it happened: https://www.google.co.uk/maps/@52.823689,-2.182543...

Just where the white house is on the left is where we hit, just where the kerb juts out. She was coming in this direction, i was coming the other way.

Kinks like that can be tricky. The obstruction, such as it is, is on her side: if there was insufficient room to pass without mounting the kerb she should have ceded priority.

Sheepshanks said:

Jefferson Steelflex said:

It might be wrong here, but handing over insurance details seems like the worse thing you can do.

You're required by law to provide them, aren't you?

Incorrect. RTA 1988 Section 170(2) makes no such stipulation.

Sheepshanks said:

Not giving details seems like the worst thing to do - you'll have the Police after you. Although all they seem to do is ensure details have been exchanged - they don't appear to show any interest in prosecuting for failing to provide.

They might well do if it was a copper who had required you to give them in the first instance rather than a third party requiring them for an insurance claim.

Sheepshanks said:

You'll also be on the back foot if the other driver got your reg and put it through their insurance.

^^This^^

If the other driver has passed on your VRM to her insurers, you can bet yours will find out. The fact that you may not be claiming for any damage is irrelevant. They will want to know why you haven't put them on notice.

[Swervin_Mervin]

I had the same once. My mirror was fine but the girl's mirror was across the road. Long and the short was she was put off from claiming as the excess was higher than the cost of the repair and it would've gone 50/50, so she would have been out of pocket by claiming.

[pmanson]

Sheepshanks said:

pmanson said:

Not so much, not happening again but being able to prove who was at fault.

If two cars passing each other clipped mirrors, how would a dash cam help determine who was at fault?

In my case it would have been able to show my insurers how I was almost stationary (having watched the car in front of the vehicle that hit me cut the corner) for the driver following to cut it by a further foot.

They would have also been able to hear my passenger breathe a sigh of relief as we thought she was going to hit us head on.

[Sheepshanks]

TooMany2cvs said:

Let's say it was 20mph impact.

Was one car stationary, one doing 20mph? Which was which?
Were both doing 10mph?
Was one going far too fast for the visibility?
Was one car in the verge, the other slap bang in the middle? Which?

If you're stationary it's always the other drivers fault. However that's not typical of these accidents. I don't know but would imagine that if your both moving then the speeds become irrelevant.

Let's face it, an insurance company isn't going to launch a massive investigation over a smashed wing mirror, even a fairly expensive (after painting, fitting etc) one.

[James_N]

Swervin_Mervin said:

I had the same once. My mirror was fine but the girl's mirror was across the road. Long and the short was she was put off from claiming as the excess was higher than the cost of the repair and it would've gone 50/50, so she would have been out of pocket by claiming.

Thank you everyone for replying. I massively appreciate it

I'm hoping this is what happens, especially since they live in a £500k plus barn conversion, so i'm sure they can afford the cost of a repair to their wing mirror. I however, can't, so it would have to be an insurance job (why should i pay anyway?!)

We are both moving, it was a 30 zone and narrow but i'd say we were both on the limit, maybe a few mph over.

Thank you all. I haven't heard anything from her today.

[Mr E]

If it helps, a mirror housing for my E-Class was £140 painted and fitted. So if that's all that's broken (and an SLk is similar money) she's insane to consider an insurance claim.

[James_N]

Mr E said:

If it helps, a mirror housing for my E-Class was £140 painted and fitted. So if that's all that's broken (and an SLk is similar money) she's insane to consider an insurance claim.

I agree but if she insists I'm in the wrong then insurance it will have to be, I'll leave it in their hands I guess. Have to see if she contacts me