Overtake Accident - Whos at Fault?

[dude1882]

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]

You're at fault I'm afraid

[scorcher]

He pulled out whilst you were overtaking. His fault I would say. Lack of observation.

[foxsasha]

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]

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]

HustleRussell said:

You're at fault I'm afraid

.
Not sure whether serious!
.

[SAS Tom]

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]

Hi all, this is the road, so a very slight S bend with a clear view of the road ahead

[Monkeylegend]

You should have anticipated him being an IAM thus offlining to make better use of all the road to maintain his speed

[stevensdrs]

Without dashcam footage showing the other car cutting the corner it will go 50/50.

[dude1882]

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]

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]

Fore Left said:

What's to say you didn't veer into him?

Why would he do that?

[Pica-Pica]

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]

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]

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]

Nobody mentioned knock for knock yet?

[Ardennes92]

Monkeylegend said:

You should have anticipated him being an IAM thus offlining to make better use of all the road to maintain his speed

If he was an IAM then he should have been aware of the vehicle overtaking

[stuarthat]

Mirror signal manoeuvre check mirrors and over shoulder ,so the other guys fault .

[PorkInsider]

hunton69 said:

Without an independent witness or cctv most accidents these days go 50/50

Is that a fact?