Who’s Fault?

Author
Discussion

yellowjack

17,077 posts

166 months

Thursday 12th May 2022
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NGee said:
Oh the irony of it!

I am not trying to pick any fights and I was trying to keep the thread on topic by pointing out that your idea of how to drive down a narrow road is just plain wrong, as explained by nearly every other post in the thread.

I am sorry that you cannot understand that.
Leave 'em to froth. Sounds like the sort of person that could have an argument inside a diving helmet.

Like others have said on this thread, I reckon that the OP's teenager has done nothing wrong. If folk are going to keep private property on public roads then other people will be forced to deal with situations like this. In my opinion it's best to ignore which side the parked cars are on. Or imagine that they are on both sides. Now who has "right of way" (priority wink )? Answer, to me is simple. Priority lies with whichever driver entered the narrowed section of the road first. And it is the responsibility of the other driver to either assess/negotiate/communicate with the ESTABLISHED driver, and proceed WITH CAUTION, or to wait until the narrow section of road is clear. Being willing to cause a collision (no matter how minor) just because "it.s my right of way, innit, Bruv" is the preserve of the terminally stupid. I really wish that the government would bring back to Public Information Films of days gone by. Surely some effort should be made to maintain an ongoing education process for all road users. There is, outside of some natural disaster or WW3, no chance of our roads getting less busy so it's more important than ever to communicate and negotiate with other road users so that everyone gets home safely and we all keep our cars out of bodyshops.

Chrisgr31

Original Poster:

13,474 posts

255 months

Thursday 12th May 2022
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heebeegeetee said:
OP, was the situation similar to this?
https://youtu.be/9Y_E4dbGD24
How stupid are some people! I think it was similar although there was in theory from for each to pass each other.

Anyway the other driver has managed to find a witness who was in the car behind them. This is a bit odd as after the incident my child continued a few car lengths and stopped in the previously mentioned gap. In the meantime the guy going the other way carried on turned round and parked behind them. No one else stopped so how he got the witness details is a mystery!

The other driver wants to report the incident to police and insurance company. Presumably has forgotten it will have an impact on his own premium as well!

No prizes for guessing my thoughts

mattyprice4004

1,327 posts

174 months

Thursday 12th May 2022
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They're within their right to report to their ins co, but I think they'll get a horrible surprise when at best it goes 50/50, at worst it's found to be entirely their fault.
What a plum - if they could see he was established with nowhere to go (and admitted that...) why are they wanting to take it to the police?

catman

2,490 posts

175 months

Thursday 12th May 2022
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2 sMoKiN bArReLs said:
Many of us have had this scenario. Usually favourite is to mark it down as one of those things, and each sort out their own repair.

I’ve done the same as Pica yes
This would be my solution too. There's no way that I would be offering the other driver any money. They will get the idea from this that you are accepting a level of responsibility for the accident and who knows where that could lead.

I doubt that they would report this to their Insurance company, so let them pay for their own mistake.

Cyberprog

2,190 posts

183 months

Thursday 12th May 2022
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I think the main issue here was that while the new driver was established - they didn't take a commanding presence of the gap. As we gain experience, we learn when a gap is too narrow and tend to straddle the whole gap preventing an oncoming car from doing this.

If a oncoming car does approach, you stay straddled as long as possible so they slow also, then move over and you can both squeak by - though this is usually only aholes who try this! Most other drivers will wait (rightly) at the end.

A learning experience no doubt for the new driver!

ScoobyChris

1,682 posts

202 months

Thursday 12th May 2022
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DanL said:
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! Make the road appear too narrow (without being aggressive) and people will generally give way.

Chris

spikeyhead

17,317 posts

197 months

Friday 13th May 2022
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Allegro_Snapon said:
Sounds painful. I had similar (albeit in the 1970s when parlance was appropriate) going to work at 6 am a Milkman appeared from the ginnel that ran behind our house. "Mate is that your car in the alley?". "No, mine is here on the road but my wifes Austin is in parked in the Ginnel outside our gate". "Ooops sorry, I've just run up your wifes behind and splashed a load of milk, you won't tell the boss will you....".

Free milk for two weeks with a few cheeky bottles of fresh orange pop.
I think I've seen something similar on a video

BrokenSkunk

4,571 posts

250 months

Friday 13th May 2022
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It's 50/50. Both drivers should have stopped to avoid a collision, neither did.
In future if there isn't space for two cars, encourage the teenager to move further out and make it bloody clear that they're using all the available space with no room to squeeze past.

Chrisgr31

Original Poster:

13,474 posts

255 months

Saturday 14th May 2022
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I'll be able to tell you what the insurance company think. He has submitted a claim. Interesting approach for £130.

Driver101

14,376 posts

121 months

Saturday 14th May 2022
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Chrisgr31 said:
I'll be able to tell you what the insurance company think. He has submitted a claim. Interesting approach for £130.
It's not worth it for that cost. A no fault claim can still have an affect of the premium.

If it goes against the teenager, or 50:50, it could have a significant impact.

Chrisgr31

Original Poster:

13,474 posts

255 months

Sunday 15th May 2022
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Driver101 said:
It's not worth it for that cost. A no fault claim can still have an affect of the premium.

If it goes against the teenager, or 50:50, it could have a significant impact.
Teenagers insurance company said it was unlikely to have a significant impact on the insurance premium even if it went wholly against them because the sum of money involved is so small.

The car has a black box so they can rely on driving style more. Teenager has received no adverse reports from the back box so far, and it did not pick up the incident.

I do wonder though how hard the insurance company will contest the claim when they are talking about such a small sum of money which they aren't paying anyway. However I console myself with the thought that the other driver may end up with a 50/50 claim on their insurance record which will probably cost them more than the £70 saved by rejecting my 50/50 offer.

NGee

2,393 posts

164 months

Sunday 15th May 2022
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A lot of insurance policies have a compulsory excess of £200 or more. Obviously we don't know if, or how much, excess is on the drivers insurance but I do wonder if he has thought about that angle.

I suspect a claim for less than your excess could be interesting at renewal!

Chrisgr31

Original Poster:

13,474 posts

255 months

Thursday 16th February 2023
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In an update the other driver raised a claim with their insurance.

Our insurer is saying that in light of the different versions of the event they are seeking 50/50. They also say if that is agreed they will raise payment for 50% of their losses. They go on to say that we will not need to issue any payment in respect of the other vehicle.

They do say that they have already raised payment in respect of the 3rd party hire claim.

So does that mean that a claim for the back of a wing mirrors has resulted in a car hire claim more than twice our excess, and therefore 10 times the cost of damage to the other car?

Short Grain

2,755 posts

220 months

Thursday 16th February 2023
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Chrisgr31 said:
The wing mirror is certainly less than the teenagers excess! biggrin

I wasn't there but do understand the other driver was travelling at a greater speed than the teenager and indeed teenager may have actually stopped as they realised the other car was closer than the previous ones. Any cost that falls on teenager is going to be paid by grandparents - even though they think the other driver is at fault. Indeed the other driver admitted he has lost a wing mirror in exactly the same place before.

The other driver at the time showed grandfather a quote for a new wing mirror on ebay of £45. That has now increased to £160 from a local body shop.

My plan is to offer 50% on receipt of VAT receipt, if no receipt I'll offer £45.

Also buying a dashcam!
Why is the other driver buying from a body shop at over 3 1/2 times eBay? A little bit of BS there! I'd offer 1/2 of the £45 eBay price and tell 'em to 50/50 Off!

motco

15,956 posts

246 months

Thursday 16th February 2023
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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.

Chrisgr31

Original Poster:

13,474 posts

255 months

Thursday 16th February 2023
quotequote all
Short Grain said:
Why is the other driver buying from a body shop at over 3 1/2 times eBay? A little bit of BS there! I'd offer 1/2 of the £45 eBay price and tell 'em to 50/50 Off!
The other driver has claimed from insurance and seems to had a hire car!

Chromegrill

1,082 posts

86 months

Thursday 16th February 2023
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How much info does the black box record? I don't suppose it would have been able to provide evidence whether the car was stationary when it was hit?

At least it's only a wing (door? offside rear?) mirror. A few cars now have cameras rear side cameras playing onto screens inside the car, can't imagine what one of those would cost to fix.

skwdenyer

16,490 posts

240 months

Thursday 16th February 2023
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Chrisgr31 said:
In an update the other driver raised a claim with their insurance.

Our insurer is saying that in light of the different versions of the event they are seeking 50/50. They also say if that is agreed they will raise payment for 50% of their losses. They go on to say that we will not need to issue any payment in respect of the other vehicle.

They do say that they have already raised payment in respect of the 3rd party hire claim.

So does that mean that a claim for the back of a wing mirrors has resulted in a car hire claim more than twice our excess, and therefore 10 times the cost of damage to the other car?
Hire car? In which world does this type of repair require a hire car?

Chrisgr31

Original Poster:

13,474 posts

255 months

Thursday 16th February 2023
quotequote all
skwdenyer said:
Hire car? In which world does this type of repair require a hire car?
Thats rather what I am wondering. I have a suspicion that the "damage" is going to be more than the back of a door mirror. I have supplied the quote he gave us for the door mirror to our insurer.

Peter3442

422 posts

68 months

Friday 17th February 2023
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I'd be inclined to inform the other party and the insurance company that I intended to make a court claim. The civil mediation service is an alternative to a court claim. It's all a pain and costs, but, if you want to stand up for your rights against those who are mistakenly determined about theirs and your insurance company finds it too much of an effort, what else is there?