Who’s Fault?

Author
Discussion

heebeegeetee

28,754 posts

248 months

Saturday 18th February 2023
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motco said:
heebeegeetee said:
V8covin said:
So how are you supposed to pass parked vehicles on a narrow road without crossing into the other side of the road ?
The road was clear when they pulled out,tell the other driver to get stuffed,they should have waited
Agreed. Pretty certain there isn't a wrong side of the road. Sounds like the teenager was established in the carriageway and other driver was too impatient to wait.

I think they shoukd each pay respectively for their own vehicles.
The teenager's car was obviously established on its course because two cars had already passed before the 'injured party'. First on the course past the line of cars has natural priority, and any car deciding to attempt the gap and failing is in the wrong. Natural justice.
Agreed, but I'm thinking dashcam evidence would be required.
In light of latest outcome, isn't it best if each party repairs their own cars, each resorting to their insurance if required?
Without scrawling back through the thread, who had a hire car?

Chrisgr31

Original Poster:

13,480 posts

255 months

Saturday 18th February 2023
quotequote all
The other party had the hire car. Yes its going 50/50 liability which means our insurer pays 50% of the other parties costs. However it appears we dont need to pay any excess as we had no costs.

So our loss is the fact we wont have any no claims bonus at renewal. The other party will have to pay their excess, plus have a fault claim so have an increased premium.

I can only assume they have claimed for a lot more damage or something. No idea why you need a hire car when the only thing damaged is the back of the mirror which you have a quote for less than £150 to fix!


oyster

12,599 posts

248 months

Monday 20th February 2023
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DanL said:
Chrisgr31 said:
Driver101 said:
If you do it and you collide with a car in their lane you're not often going to win the fight.

How clear was the road when they had numerous cars come the other way and it sounds as if they were on the wrong side of the road?

We are using the OP's secondhand account of what happened. I'm sure the driver with damage has a differing opinion.
The location where the event occurred frequently has many cars parked over a long distance. Its an A road but the houses on it within a village have no off street parking. Frequently the road is clear when you start to pass parked cars but others approach form

The other drivers version of events was that it was the teenagers fault as they were over the white line although the other driver admitted they had no option than to be over the white line due to the parked cars and there was nowhere they could have pulled in to allow him to pass.
In future they could take a position even further over the line to discourage drivers from trying to come through, if there really isn’t room for two cars to pass safely…
This.
If it was clear when approaching the parked cars, then proceed past but keep very close to the kerb on the right. This will dissuade anyone coming the other way to enter the 'narrowed' zone until you're past.

Bobskirs6

105 posts

79 months

Monday 20th February 2023
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Shouldn't the person who's wing mirror was damaged given way then proceeded when it was safe to do so. As the teenager was already in progress I cannot fathom how its their fault the other idiot decided to proceed even when there wasn't sufficient room.

skwdenyer

16,504 posts

240 months

Monday 20th February 2023
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Bobskirs6 said:
Shouldn't the person who's wing mirror was damaged given way then proceeded when it was safe to do so. As the teenager was already in progress I cannot fathom how its their fault the other idiot decided to proceed even when there wasn't sufficient room.
This is true. But in the absence of any dashcam footage...

catman

2,490 posts

175 months

Friday 24th February 2023
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V8covin said:
Driver101 said:
If your daughter was on the wrong side on the road then I doubt she will have much of an argument.

You don't want an insurance claim for a new driver. A wing mirror cover shouldn't cost cost too much. It shouldn't be her excess without loading her policy.
So how are you supposed to pass parked vehicles on a narrow road without crossing into the other side of the road ?
The road was clear when they pulled out,tell the other driver to get stuffed,they should have waited
It's clear from the OP's post that their position was already established when the other vehicle appeared. It's not as clear-cut as you believe.