advice needed re dispute with bus company

[TooMany2cvs]

s4tronic said:

Did you read what I have written, I had no gap on my lane, bus was over white line

Have you forgotten Highway Code rule 223?

[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.

[KFC]

Piersman2 said:

Sorry OP but it's only going to be 50/50, you were both moving, you've no witnesses , and you shouldn't have been trying to squeeze into a gap that obviously wasn't there.

Its nothing to do with squeezing into a gap that isn't there. If the other person moves into your side of the road and continues to to move forward there is nowhere to go. I couldn't avoid hitting that woman in the picture above... by the time she was in my side of the road i had no time to react. Though I realise it was different in that I got lucky and she admitted fault, whereas the bus driver is denying it.

If you can prove the bus was in your side of the road because its too narrow to have been otherwise, I bet he'll say he had stopped and you crashed into him whilst he was stationary, which would make it irrelevant if he was on your side or not.

[heebeegeetee]

Was either vehicle stationary?

[HertsBiker]

Don't understand some of the replies, an over size vehicle is using part of the OPs lane and hit his car. Surely this is automatically the fault of the larger vehicle for taking up too much room?

[allergictocheese]

HertsBiker said:

Don't understand some of the replies, an over size vehicle is using part of the OPs lane and hit his car. Surely this is automatically the fault of the larger vehicle for taking up too much room?

What do mean by 'over size'?. Sometimes the lane is too narrow for a vehicle to remain fully within it. Lacking any specific restriction, there is no prohibition on those vehicles using that road. People should proceed on narrow roads in a way that anticipates possible encounters with wide vehicles. Based on the one sided account we have here, it sounds like neither party drive as they should.

[TooMany2cvs]

HertsBiker said:

Don't understand some of the replies, an over size vehicle is using part of the OPs lane and hit his car. Surely this is automatically the fault of the larger vehicle for taking up too much room?

1. A bus isn't "over-size", and size doesn't imply priority - I'd have thought a biker, more than anybody, would understand that...
2. Did the bus hit the OP, or did the OP hit the bus? Or both? Both were moving.
3. Who had priority? HC223 says the OP should have given the bus priority.

[marshalla]

TooMany2cvs said:

3. Who had priority? HC223 says the OP should have given the bus priority.

If it was safe to do so. We still don't know much about the circumstances (e.g. other traffic).

[TooMany2cvs]

marshalla said:

If it was safe to do so. We still don't know much about the circumstances (e.g. other traffic).

Given how good the visibility is in the StreetView shot, then if it WASN'T safe to stop and let an oncoming bus through, there's some huge fails of observation going on.

[pork911]

s4tronic said:

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 said:

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 said:

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...

Why no clear allegation of the bus being over the white line until now?

Regardless, talk us through it, the bus is coming, it's over the white line, on a narrow road and isn't stoping. You (with a child) can see all this and carry on. Even if it would be the bus driver's fault if you collide, why would you carry on?

As regards any claim, I can't see based on what you've said how you have any reasonable chance of anything better than 50/50.

[Roo]

In that streetview link if you go to just past the bus and then look at it from behind even that one is over the white line.

[dxg]

There's quite a hill on the narrow bit of that road, from memory. Who was coming up the hill? They have priority (and, no, I can't remember which Highway Code rule that is, but it is in there somewhere...).

[TooMany2cvs]

dxg said:

There's quite a hill on the narrow bit of that road, from memory. Who was coming up the hill? They have priority (and, no, I can't remember which Highway Code rule that is, but it is in there somewhere...).

155, specifically referring to single-track country lanes "whenever you can".

[Chrisgr31]

Roo said:

In that streetview link if you go to just past the bus and then look at it from behind even that one is over the white line.

If you continue towards the bus then once it has passed turn around you get this shot https://www.google.com/maps/@55.91917,-3.232731,3a... from which it is clear there should be space for a car and bus to pass.

Seems to be if you are in a car and there is a large vehicle coming the other way and its not clear if there is space the sensible thing to do is pull right over to the left and stop.

[Timsta]

TooMany2cvs said:

3. Who had priority? HC223 says the OP should have given the bus priority.

I would think that HC127 would be more important actually.

[Chrisgr31]

Timsta said:

I would think that HC127 would be more important actually.

Except under that basis the bus would never make it along the road. It should have been possible for the bus and car to pass without incident without being there we don't know why they didn't.

I was on a rail replacement coach the other day heading down narrow lanes and suddenly swerved and were hitting the branches of the trees on the near side, and then was a bang from the offside and the coach stopped. However after a few seconds we carried on. I guessed we had hit/been hit by a car going the other way. Our driver I assume stopped in case the other driver did but he didn't. I think it's a risk one takes on narrow roads.

[fatboy b]

Country lane. No witnesses. Neither insurance company will risk court. 50/50 I'm afraid.

[Martin4x4]

s4tronic said:

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?

The Data Protection Act is not grounds for refusal to provide footage. In fact it can be argued that you are the subject of the data therefore legal entitled to a copy and their refusal to provide it makes them in breach.

Can you measure the width of the road and demand (or go to station and actually measure one) information of the width of the bus. If the road is as narrow as you suggest the bus is likely more than half the road width they must be definition be on your side.

Also include a demand for payment and 30 days to settle before you will issue a claim in the small claims. Providing your are not greedy, and your claim is less than the daily cost of a solicitor/barrister they will probably fold/you will probably be uncontested.

Edited by Martin4x4 on Saturday 17th January 19:47

[vonhosen]

Martin4x4 said:

Can you measure the width of the road and demand (or go to station and actually measure one) information of the width of the bus. If the road is as narrow as you suggest the bus is likely more than half the road width they must be definition be on your side.

How does that help his case?
Where else could it have been if the road width is less than double the width of the bus?

[Martin4x4]

vonhosen said:

How does that help his case?
Where else could it have been if the road width is less than double the width of the bus?

Doh. On his side of the road. QED.