First accident help
Discussion
Depends on how honest the other driver is. Theyve only got to say they pulled out to overtake the bike having seen the OP's car safely behind them. Next thing they knew was the OP suddenly overtook and cut in front of them, colliding with their front drivers side - just a thought - one word against the other. Damage fits both stories
Damage seems to back up your version of events in that you were already in the process of over taking when the Jeep pulled into your nearside. Obviously the further back on your passenger door the damage begins, the better for you.
If there was no serious bodily injury and you stopped and swapped insurance information, I wouldn't bother informing the Police. Make sure you inform your insurer though. Also advise them if you want to present a claim for your own uninsured losses, they may put you onto their own panel solicitors.
If there was no serious bodily injury and you stopped and swapped insurance information, I wouldn't bother informing the Police. Make sure you inform your insurer though. Also advise them if you want to present a claim for your own uninsured losses, they may put you onto their own panel solicitors.
Jim1556 said:
Big ends,
That would stand up if there was damage on the front half of the OP's car - as it is, it looks fairly obvious, the other driver's pulled out without indicating (or at the last second) or looking and collided with his car...
The OP's passenger side rear quarter is damaged consistent with the other drivers potential story that they pulled in too early colliding with the front drivers side.That would stand up if there was damage on the front half of the OP's car - as it is, it looks fairly obvious, the other driver's pulled out without indicating (or at the last second) or looking and collided with his car...
On the other hand not observing why the other car was travelling slowly and thus failing to anticipate the overtake of the cyclist shows that the OP clearly didn't exercise reasonable care. Going for an overtake having not even seen another road user in the vicinity - that's appalling, frankly.
Bigends said:
Jim1556 said:
Big ends,
That would stand up if there was damage on the front half of the OP's car - as it is, it looks fairly obvious, the other driver's pulled out without indicating (or at the last second) or looking and collided with his car...
The OP's passenger side rear quarter is damaged consistent with the other drivers potential story that they pulled in too early colliding with the front drivers side.That would stand up if there was damage on the front half of the OP's car - as it is, it looks fairly obvious, the other driver's pulled out without indicating (or at the last second) or looking and collided with his car...
REALIST123 said:
Bigends said:
Jim1556 said:
Big ends,
That would stand up if there was damage on the front half of the OP's car - as it is, it looks fairly obvious, the other driver's pulled out without indicating (or at the last second) or looking and collided with his car...
The OP's passenger side rear quarter is damaged consistent with the other drivers potential story that they pulled in too early colliding with the front drivers side.That would stand up if there was damage on the front half of the OP's car - as it is, it looks fairly obvious, the other driver's pulled out without indicating (or at the last second) or looking and collided with his car...
Scottishlad said:
You don't just put the indicators on last minute then swing out.
Unfortunately, some people do... 
Just let your insurers deal with it.
Sounds like it could well be 50:50, you could start preparing your reply to anyone asking if you did all three points below. (From highway code).
Before overtaking you should make sure
the road is sufficiently clear ahead
road users are not beginning to overtake you
there is a suitable gap in front of the road user you plan to overtake.
Sounds like it could well be 50:50, you could start preparing your reply to anyone asking if you did all three points below. (From highway code).
Before overtaking you should make sure
the road is sufficiently clear ahead
road users are not beginning to overtake you
there is a suitable gap in front of the road user you plan to overtake.
Scottishlad said:
CallorFold said:
Doesn't sound like 50-50 at all to me, sounds like the Jeep changed lanes into the rear quarter of OP's car....
Jeep should have slowed for cyclist, and changed lanes to avoid the cyclist when it was safe to do so. Mirrors, blind spot etc. etc.
Well that's my train of thought.Jeep should have slowed for cyclist, and changed lanes to avoid the cyclist when it was safe to do so. Mirrors, blind spot etc. etc.
Phoned my insurance for advice and they are saying partial fault but, she didn't really seem to understand what happened. I've wrote down the detailed information so think I will email instead of trying to explain over the phone. Told me I'd need to pay a £1100 excess to get my car fixed which is ridiculous when it's the other parties fault pulling into me. Phoning the other parties insurance to make a claim myself on their advice but, if it goes wrong I'll speak to my insurance and proceed with a claim.
Thanks to all for the help so far.
A short call "third party pulled into my NS rear quarter as I was established in my lane" would see them do the job for you. Good luck if you can progress things through the third party - facing a similar excess I previously tied and failed, Europa (an AMC, founders on here) sorted all for me however...without having to pay for my excess! (although mine, 2 within 6 months!, more obviously non-fault)
I'd pursue it with her insurers on the basis you did nothing wrong (apart from maybe leaving the cruise on during an overtake). With nothing heading toward you & no turnings they could take (or vehicles pull out off) you had no reason to think she would change lanes which whilst performing the overtake she shouldn't have done.
This might help. See rule 168 about being overtaken.
https://www.gov.uk/guidance/the-highway-code/using...
This might help. See rule 168 about being overtaken.
https://www.gov.uk/guidance/the-highway-code/using...
A lot will depend on what the other driver says.
As she was female you might stand a chance.
All blokes are of course driving gods, so couldn't possibly be in the wrong, even if they had admitted they were at the scene.
BTW, if her husband's company car was a BMW, it might well have been one of the many without the (optional) indicators.
As she was female you might stand a chance.
All blokes are of course driving gods, so couldn't possibly be in the wrong, even if they had admitted they were at the scene.
BTW, if her husband's company car was a BMW, it might well have been one of the many without the (optional) indicators.
To cut through everything being said, I think your options are-
1) Claim on your insurance and pay your excess, if it's deemed to be 100% the other guy's fault then you get it back eventually i.e. only if it doesn't go 50/50
2) Go to an AMC, IF they think it's 100% not your fault then they'll take the case on, but obviously they'll probably be expecting you to take the hire car etc.
3) Claim directly from the other guy's insurers. Obviously if they dispute the liability this is not going to work.
1) Claim on your insurance and pay your excess, if it's deemed to be 100% the other guy's fault then you get it back eventually i.e. only if it doesn't go 50/50
2) Go to an AMC, IF they think it's 100% not your fault then they'll take the case on, but obviously they'll probably be expecting you to take the hire car etc.
3) Claim directly from the other guy's insurers. Obviously if they dispute the liability this is not going to work.
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