Overtake Accident - Whos at Fault?
Overtake Accident - Whos at Fault?
Author
Discussion

dude1882

Original Poster:

21 posts

96 months

Thursday 14th March 2019
quotequote all
So this evening I'm driving home through the lanes which is National Speed Limit.

Going down a slight hill, I can see the road ahead is clear with a slight S bend in it. I begin my overtake, when as I near the S bend the car I'm overtaking starts moving over to take the middle of the road, unfortunately I'm alongside and we collide (my nearside front wing against his rear passenger door - I didn't fancy getting any further into hedge)

Damage is fairly light, but who will be deemed at fault. For me he clearly didnt check his mirrors before deciding to cut the corner for the bend...

HustleRussell

26,524 posts

190 months

Thursday 14th March 2019
quotequote all
You're at fault I'm afraid

scorcher

4,125 posts

264 months

Thursday 14th March 2019
quotequote all
He pulled out whilst you were overtaking. His fault I would say. Lack of observation.

foxsasha

1,465 posts

165 months

Thursday 14th March 2019
quotequote all
HustleRussell said:
You're at fault I'm afraid
The car being overtaken drove a cross the central white lines onto the wrong side of the road and into the OP and it's the OPs fault? I disagree.

Piersman2

6,676 posts

229 months

Thursday 14th March 2019
quotequote all
Sigh!

50/50.

You: he pulled across into me

Him: he overtook on bends like a madman, and I also have a sore neck.

Cliftonite

8,744 posts

168 months

Thursday 14th March 2019
quotequote all
HustleRussell said:
You're at fault I'm afraid
.
Not sure whether serious!
.


SAS Tom

3,754 posts

204 months

Thursday 14th March 2019
quotequote all
I think it would be viewed as split liability based on the info given. They obviously haven’t done proper observations but I believe you take some element of blame due to overtaking and being the person that is meant to overtake safely. As far as I’m aware that’s how it is treated when motorbikes filter.

The issue will come if people start lying about what happened.

dude1882

Original Poster:

21 posts

96 months

Thursday 14th March 2019
quotequote all
Hi all, this is the road, so a very slight S bend with a clear view of the road ahead


Monkeylegend

29,238 posts

261 months

Thursday 14th March 2019
quotequote all
You should have anticipated him being an IAM thus offlining to make better use of all the road to maintain his speed smile

stevensdrs

3,264 posts

230 months

Thursday 14th March 2019
quotequote all
Without dashcam footage showing the other car cutting the corner it will go 50/50.

dude1882

Original Poster:

21 posts

96 months

Thursday 14th March 2019
quotequote all
stevensdrs said:
Without dashcam footage showing the other car cutting the corner it will go 50/50.
Surely the location of the damage will show that he cut the corner?

Fore Left

1,614 posts

212 months

Thursday 14th March 2019
quotequote all
dude1882 said:
Surely the location of the damage will show that he cut the corner?
What's to say you didn't veer into him?

Stella Tortoise

3,158 posts

173 months

Thursday 14th March 2019
quotequote all
Fore Left said:
What's to say you didn't veer into him?
Why would he do that?

Pica-Pica

16,600 posts

114 months

Thursday 14th March 2019
quotequote all
Stella Tortoise said:
Fore Left said:
What's to say you didn't veer into him?
Why would he do that?
Lack of observation!

Tomo1971

1,177 posts

187 months

Thursday 14th March 2019
quotequote all
You just have to ensure you word your accident report in such a way that he came to you - ie, you were in the hedge / verge / gully etc and not the other way round. Dont lie (as others MAY have dashcam footage) but try and cut off any counter allegation by getting your line of events in once and complete.

hunton69

674 posts

167 months

Thursday 14th March 2019
quotequote all
Without an independent witness or cctv most accidents these days go 50/50
What I would add is as you were overtaking you have to expect the unexpected. He wasn't expecting you to overtake as it hardly ever happens these days and your approaching a bend.
Look at it this way if you didn't over take the accident would not of happened and you were on the wrong side of the road.

KungFuPanda

4,640 posts

200 months

Thursday 14th March 2019
quotequote all
Nobody mentioned knock for knock yet?

Ardennes92

713 posts

110 months

Thursday 14th March 2019
quotequote all
Monkeylegend said:
You should have anticipated him being an IAM thus offlining to make better use of all the road to maintain his speed smile
If he was an IAM then he should have been aware of the vehicle overtaking

stuarthat

1,109 posts

248 months

Thursday 14th March 2019
quotequote all
Mirror signal manoeuvre check mirrors and over shoulder ,so the other guys fault .

PorkInsider

6,594 posts

171 months

Thursday 14th March 2019
quotequote all
hunton69 said:
Without an independent witness or cctv most accidents these days go 50/50
Is that a fact?