Side-swiped during overtake

Side-swiped during overtake

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theboss

Original Poster:

6,913 posts

219 months

Sunday 8th December 2019
quotequote all
Involved in a minor collision this afternoon. The scene is a NSL rural A road, a mile-long perfect straight. I’m car 4 behind 3 other cars with a large gap between cars 1 and 2 doing 45-50. There is an oncoming vehicle still some distance away. I plan to overtake cars 2 and 3 then slide into the large gap to let the oncoming car pass, before I take the lead car.

As I’m passing car 3 immediately in front of me the driver has a similar idea and pulls out whilst simultaneously indicating. I brake and sound horn whilst moving right but she comes all the way into me making unavoidable contact.

At this point we’ve both slowed, the oncoming vehicle is obviously still moving towards us so I pull in ahead of the car which just collided with me and we pull over a mile or so up the road in a village to swap details.

On inspection my car miraculously has what appears to be very minor damage with some dent to the front N/S wheel arch and slight damage to the alloy. The woman’s car has considerably more damage to both her driver’s and O/S passenger door.

I’m not sure how this is likely to play out with insurers. She claimed I was “in her blind spot”, we exchanged details and left it at that. Now I’m wondering if the story is likely to change and blame apportioned to me.

Anyone had any similar?

ianrb

1,532 posts

140 months

Sunday 8th December 2019
quotequote all
Yes, a few years ago a woman in a Gold hit the side of my Freelander in very similar circumstances. The end result was that 100% of the blame was apportioned to her and I kept my NCB.

My insurance company didn't explain how the reached that decision, but I guessed that it was due to the initial point of contact, as shown by the damage on the cars, indicted that I was slightly ahead of her when we crashed. It may also have helped that her claim was confused and contraditory, so made sense, whereas my claim was a clear and rational (honest!).

Ryan-nunm9

207 posts

71 months

Sunday 8th December 2019
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She didn't check behind (or next) to her to check it was clear and safe to make the overtake.

Easy to say as it's not me but, I wouldn't be worried if i were you.

borcy

2,855 posts

56 months

Sunday 8th December 2019
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I think that seems a reasonable outcome, if you cross the white line it's your responsibility to make sure there's nothing in your blindspot.

anonymous-user

54 months

Sunday 8th December 2019
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pretty much same thing happened to me, was deemed not my fault.

ChrisHampshire

97 posts

183 months

Sunday 8th December 2019
quotequote all
Her fault. End of.

Pericoloso

44,044 posts

163 months

Sunday 8th December 2019
quotequote all
Blindspot.

She can claim all she wants, still all her fault.

RichardJS

106 posts

76 months

Sunday 8th December 2019
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I can't comment on the accident as luckily that's never happened to me, although it's been close a couple of times.

But what I will say is make sure you get the suspension checked very carefully when you get your repairs done. I had someone side swipe my car a couple of years ago (not my fault - I was stationary), causing only slight damage to mine, including rubber left on my wheel but no discernable damage to it. The body shop said it had checked the suspension but a few months later the suspension at that corner started making a knocking noise. I took it in and it needed some major work that would have cost £thousands (according to the garage) if it hadn't have been under warranty. It could just have been a coincidence but I doubt it. The garage was the same place that fixed it after the accident so they knew about the accident and didn't link it but perhaps they were just too embarrassed to say and happy for the manufacturer to pick up the warranty bill.

mikecassie

609 posts

159 months

Sunday 8th December 2019
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You should be ok, I've been close to this happening a couple times. I did ask a copper once who they'd have thought would be at fault, they said it was the driver who pulled out forcing me to stand on the brakes, they obviously didn't check over their shoulder or mirror prior to the manoeuvre.
Hopefully your insurance agrees. At least no one has been injured.

AndorranPhil

39 posts

56 months

Sunday 8th December 2019
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She's effectively admitted it was her fault by admitting you were in her blind spot. She should have checked.

theboss

Original Poster:

6,913 posts

219 months

Sunday 8th December 2019
quotequote all
Thanks all

Good point re suspension - I only just had new front lower wishbones replaced a few months ago. I’ll have the whole setup checked out. It feels fine to drive but something could have taken a blow.

vaud

50,482 posts

155 months

Sunday 8th December 2019
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Her "blind spot" = her problem to ensure it is safe to move out.

IANAL

kiethton

13,895 posts

180 months

Sunday 8th December 2019
quotequote all
Yeah, likely to go down as the other parties fault as others have said.

However, hopefully it’ll be a bit of a lesson for you re. The things that can go wrong when overtaking too.

cologne2792

2,126 posts

126 months

Sunday 8th December 2019
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" You were in my blindspot ! "

Which means when translated,

She decided to overtake but couldn't be bothered to look because why would anyone else be overtaking her?

I hope all goes well. It sounds like it will.

StanleyT

1,994 posts

79 months

Sunday 8th December 2019
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10/10 the other party.

Had the same. A decade pre dashcams.

Apparently what gave it away was the third partys' statement statement "I didn't see the blue car beside me that was in my blindspot until I hit it". My car was green!


JB95

18 posts

79 months

Monday 9th December 2019
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Clearly her fault, i hope the insurers see it the same way!

Highway Code 163 states;

"Overtake only when it is safe and legal to do so. You should, use your mirrors, signal when it is safe to do so, take a quick sideways glance if necessary into the blind spot area and then start to move out"

So she has no real argument

donkmeister

8,162 posts

100 months

Monday 9th December 2019
quotequote all
Blindspot or not, if she checked her mirrors she would have seen that the car that had been following her a few seconds earlier had somehow vanished.

No worries I'd say.

Oakey

27,566 posts

216 months

Monday 9th December 2019
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My brother had this happen when he was on his motorbike. Same scenario, he was overtaking slow moving traffic and a female driver had the same idea and pulled out on him causing him to crash. It went to court and he was found at fault although he thinks the copper who attended knew the woman who pulled out and that he was stitched up.

theboss

Original Poster:

6,913 posts

219 months

Monday 9th December 2019
quotequote all
Oakey said:
My brother had this happen when he was on his motorbike. Same scenario, he was overtaking slow moving traffic and a female driver had the same idea and pulled out on him causing him to crash. It went to court and he was found at fault although he thinks the copper who attended knew the woman who pulled out and that he was stitched up.
The thought certainly did cross my mind that a motorcyclist in my position would have been very vulnerable indeed. Luckily I was wrapped in a 2t steel cocoon which didn’t flinch when driven into.

bucksmanuk

2,311 posts

170 months

Monday 9th December 2019
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I think we were all taught
Mirror
Signal
Manoeuvre

She's forgotten it
hopefully for the OP, it’s all her fault, as indeed, it should be