Other driver pranged barrier while overtaking.
Discussion
A bit of advice please 
60mph A road, single lane in each direction, one mile straight with a bus stop in the middle. The bus in front of my wife pulled into the bus stop but was still sticking out a wee bit. My wife pulled out to overtake the sticking out bit and heard a scraping sound, a work owned 4x4 had attempted to overtake both her and the bus and had ditched into the barrier rather than hit her.
The other driver took my wife's insurance details etc and suggested it was her fault that he had hit the barrier. She says she checked her mirror before moving and saw no sign of him and is 99% she had her indicator on. She doesn't know if he was directly behind her or a couple of cars back.
The other driver never touched our car but was suggesting He'd be claiming off us and called his work/insurance at the scene, asking how many kids were in our car etc.
No dashcams in his vehicle as far as I can see and none in ours.
Who's at fault? Can he claim off us and should I notify my insurance that there might be an incoming claim.
Thanks in advance
60mph A road, single lane in each direction, one mile straight with a bus stop in the middle. The bus in front of my wife pulled into the bus stop but was still sticking out a wee bit. My wife pulled out to overtake the sticking out bit and heard a scraping sound, a work owned 4x4 had attempted to overtake both her and the bus and had ditched into the barrier rather than hit her.
The other driver took my wife's insurance details etc and suggested it was her fault that he had hit the barrier. She says she checked her mirror before moving and saw no sign of him and is 99% she had her indicator on. She doesn't know if he was directly behind her or a couple of cars back.
The other driver never touched our car but was suggesting He'd be claiming off us and called his work/insurance at the scene, asking how many kids were in our car etc.
No dashcams in his vehicle as far as I can see and none in ours.
Who's at fault? Can he claim off us and should I notify my insurance that there might be an incoming claim.
Thanks in advance
Paulm4 said:
A bit of advice please
60mph A road, single lane in each direction, one mile straight with a bus stop in the middle. The bus in front of my wife pulled into the bus stop but was still sticking out a wee bit. My wife pulled out to overtake the sticking out bit and heard a scraping sound, a work owned 4x4 had attempted to overtake both her and the bus and had ditched into the barrier rather than hit her.
The other driver took my wife's insurance details etc and suggested it was her fault that he had hit the barrier. She says she checked her mirror before moving and saw no sign of him and is 99% she had her indicator on. She doesn't know if he was directly behind her or a couple of cars back.
The other driver never touched our car but was suggesting He'd be claiming off us and called his work/insurance at the scene, asking how many kids were in our car etc.
No dashcams in his vehicle as far as I can see and none in ours.
Who's at fault? Can he claim off us and should I notify my insurance that there might be an incoming claim.
Thanks in advance
No idea. But I would get your story straight before you phone the insurance. Not being sure about the indicator throws up doubt. I’m guessing they will want to speak to her as the driver so make sure she’s ready.60mph A road, single lane in each direction, one mile straight with a bus stop in the middle. The bus in front of my wife pulled into the bus stop but was still sticking out a wee bit. My wife pulled out to overtake the sticking out bit and heard a scraping sound, a work owned 4x4 had attempted to overtake both her and the bus and had ditched into the barrier rather than hit her.
The other driver took my wife's insurance details etc and suggested it was her fault that he had hit the barrier. She says she checked her mirror before moving and saw no sign of him and is 99% she had her indicator on. She doesn't know if he was directly behind her or a couple of cars back.
The other driver never touched our car but was suggesting He'd be claiming off us and called his work/insurance at the scene, asking how many kids were in our car etc.
No dashcams in his vehicle as far as I can see and none in ours.
Who's at fault? Can he claim off us and should I notify my insurance that there might be an incoming claim.
Thanks in advance
Did you not get the bus details, I bet it would have a dashcam installed.
LosingGrip said:
Try and get the details of the bus. They won't provide it to you the CCTV, but if you phone and ask if they can make sure it's saved whilst your insurance company get in touch .
Be interesting to see his goes.
Seems pretty straightforward to me. The guy crashed into a barrier.. Be interesting to see his goes.
Move on. Nothing to do with the OP or his wife surely?
Dougie.
Did the wife actually make contact with third party? No.
Did the wife use mind control to make third party drive off the road? No.
Sounds to me like third party wasn’t apprehensive enough about passing and/or was driving too fast for the manoeuvre, didn’t read the road ahead properly to anticipate the car in front pulling out to overtake the bus.
Did the wife use mind control to make third party drive off the road? No.
Sounds to me like third party wasn’t apprehensive enough about passing and/or was driving too fast for the manoeuvre, didn’t read the road ahead properly to anticipate the car in front pulling out to overtake the bus.
Durzel said:
Did the wife actually make contact with third party? No.
Did the wife use mind control to make third party drive off the road? No.
Sounds to me like third party wasn’t apprehensive enough about passing and/or was driving too fast for the manoeuvre, didn’t read the road ahead properly to anticipate the car in front pulling out to overtake the bus.
Sometimes you don’t need contact to occur for liability to attach to you. What if you pulled out of a give way junction and a motorcyclist had to serve and came off his bike to avoid your front end?Did the wife use mind control to make third party drive off the road? No.
Sounds to me like third party wasn’t apprehensive enough about passing and/or was driving too fast for the manoeuvre, didn’t read the road ahead properly to anticipate the car in front pulling out to overtake the bus.
Also, do you know what apprehensive means?
I think fault lies with the 4x4 driver, he was the one overtaking therefore should have assessed the road ahead and any risk posed before attempting the overtake.
100% not your wife’s fault, would definitely make sure she has thought about how she explains the incident to the insurance.
Always the person attempting the overtake has to be clear they can safely carry out the manoeuvre without impeding any other user.
They know they’ve f
ked up but looking to blame someone else.
100% not your wife’s fault, would definitely make sure she has thought about how she explains the incident to the insurance.
Always the person attempting the overtake has to be clear they can safely carry out the manoeuvre without impeding any other user.
They know they’ve f
ked up but looking to blame someone else.Edited by Meltham Terrier on Monday 20th January 21:28
i suppose liability would only be if she had made a move that could not have been reasonably expected buy the other driver. Ie the overtaking driver should have made allowance for any reasonable manouvre.
I think in this case, as he should have reasonably expected her to move offline to clear the bus, its his fault. I also suspect he was travelling too fast to be able to have stopped or slowed so the result is probably more his fault too, but at least he avoided hitting the car I suppose.
Deny all responsibility, if a claim is made though, its up to your insurance I bet.
I think in this case, as he should have reasonably expected her to move offline to clear the bus, its his fault. I also suspect he was travelling too fast to be able to have stopped or slowed so the result is probably more his fault too, but at least he avoided hitting the car I suppose.
Deny all responsibility, if a claim is made though, its up to your insurance I bet.
I think this boils down to if your wife could prove she was established in the lane before the incident.
If she moved over and he was next to her already (despite his speed) then in effect she has forced him off the road.
If however he came steaming up and nearly ran in to the back of your wife because she was already in the overtaking lane then it’s his fault.
If she moved over and he was next to her already (despite his speed) then in effect she has forced him off the road.
If however he came steaming up and nearly ran in to the back of your wife because she was already in the overtaking lane then it’s his fault.
MB140 said:
I think this boils down to if your wife could prove she was established in the lane before the incident.
If she moved over and he was next to her already (despite his speed) then in effect she has forced him off the road.
If however he came steaming up and nearly ran in to the back of your wife because she was already in the overtaking lane then it’s his fault.
There was no overtaking lane.If she moved over and he was next to her already (despite his speed) then in effect she has forced him off the road.
If however he came steaming up and nearly ran in to the back of your wife because she was already in the overtaking lane then it’s his fault.
Bus pulls into bus stop but doesn't quite complete, following car moves 'a wee bit' (this could do with clarification, 1ft, 6ft ?) overtaking driver does not anticipate and crashes. If the car moves by an unreasonable amount then he may have some grounds.
Lets see the road please.
Something similar happened to me years back. I had changed lanes to avoid a queue, only to hear tyre screeching as a car approaching at a rate of knots from behind took to the pavement to avoid me. No contact
Mostly my fault, although he was going a tad fast. He took my business card and rang our office manager to get insurance details and that was the last I heard for some years, until I went to get my own insurance.
It turned out that he had bent the suspension of his knackered old rover costing a grand, plus was paid £4.5k for whiplash.
My eyre was spiked, but I found out years after the event so no opportunity to object.
Mostly my fault, although he was going a tad fast. He took my business card and rang our office manager to get insurance details and that was the last I heard for some years, until I went to get my own insurance.
It turned out that he had bent the suspension of his knackered old rover costing a grand, plus was paid £4.5k for whiplash.
My eyre was spiked, but I found out years after the event so no opportunity to object.
I would suggest from the OP’s description of events it sounds like the overtaking car was already partially alongside in a blind spot hence the wife not seeing it. Which would point to her being to blame or certainly responsible for a large part.
Edited by martinbiz on Monday 20th January 21:50
Tom1312 said:
4x4 went for a badly planned/unsighted two vehicle overtake and had his own accident.
Don't see what else they can try to argue? I'd say it's no one's fault other than their own.
Why was it unsighted? Straight road. Bus may have been dawdling, wife dawdling. 4x4 driver comes out to overtake, sees down clear straight road. Attempts overtake.Don't see what else they can try to argue? I'd say it's no one's fault other than their own.
Bus driver starts indicating. Wife (who didn't see anything) pulls out. 4x4 driver takes avoiding action.
Will depend on drivers story imo.
Edited by meatballs on Monday 20th January 21:54
meatballs said:
Tom1312 said:
4x4 went for a badly planned/unsighted two vehicle overtake and had his own accident.
Don't see what else they can try to argue? I'd say it's no one's fault other than their own.
Why was it unsighted? Straight road. Bus may have been dawdling, wife dawdling. 4x4 driver comes out to overtake, sees down clear straight road. Attempts overtake.Don't see what else they can try to argue? I'd say it's no one's fault other than their own.
Bus driver starts indicating. Wife (who didn't see anything) pulls out. 4x4 driver takes avoiding action.
Will depend on drivers story imo.
Edited by meatballs on Monday 20th January 21:54
meatballs said:
Why was it unsighted? Straight road. Bus may have been dawdling, wife dawdling. 4x4 driver comes out to overtake, sees down clear straight road. Attempts overtake.
Bus driver starts indicating. Wife (who didn't see anything) pulls out. 4x4 driver takes avoiding action.
Will depend on drivers story imo.
Unsighted is the wrong word, but they clearly didn't have a good view/spacial awareness if they managed to hit a barrier.Bus driver starts indicating. Wife (who didn't see anything) pulls out. 4x4 driver takes avoiding action.
Will depend on drivers story imo.
Edited by meatballs on Monday 20th January 21:54
It's on them to perform a safe over take, they didn't and there was no need to do so if it was just waiting for a bus, from the OPs account the 4x4 is at fault, not his partner.
Like you say, depends on their account but I can see the OPs insurance company giving it short shrift.
I wonder if the 4x4 driver is a local/regular who knew the bus bay was coming up, saw the bus indicate for it and thought "I'll get rid of this lot" so started his overtake. However he hadn't bargained for the bus driver not pulling completely off the road so was stuffed when the lead car naturally pulled out to pass the projecting bus. 
If the lady had seen him coming up and slammed on her brakes she might now be in dispute with the driver behind while matey disappeared over the horizon. Lose, lose.
If the lady had seen him coming up and slammed on her brakes she might now be in dispute with the driver behind while matey disappeared over the horizon. Lose, lose.
martinbiz said:
I would suggest from the OP’s description of events it sounds like the overtaking car was already partially alongside in a blind spot hence the wife not seeing it. Which would point to her being to blame or certainly responsible for a large part.
Some interesting comments so far. Just to clarify:Edited by martinbiz on Monday 20th January 21:50
Surely if he was in the blind spot when she moved to the right he'd have had no time to swerve and would have just hit the side of her car?
Also, my wife's not the dawdling type, she drives 15k a year on this road and has never had a claim in 16+years of driving.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff