who would be to blame? Near miss action.

[carl carlson]

Almost had a head on smash yesterday at this stretch of road



http://maps.google.co.uk/maps?hl=en&q=Harrogat...


I was going up the hill overtaking a line of cars (I was on the same side as the little greenish car in the pic but in the outside lane), a van pulls out coming down the hill to overtake at the same time. I slammed on and pulled in to the annoyance of another driver, the van kept his foot in. My question is, who would be to blame if the worst happened?

Edited by carl carlson on Friday 13th May 11:26

Edited by carl carlson on Friday 13th May 11:32

[J3PTF]

I would have thought it would bethe van drivers fault, given that a) you were overtaking, and thus it was not clear for him to pull out, and b) he had crossed over onto 'your' side of the road.

That said, I'd have thought the insurance compeny wouldnt take it up and would settle for 50/50.

[Mr Gear]

Definitely van drivers fault, but you did the right thing to pull in. Some drivers are just a-holes, but it's not worth getting as far as whose "fault" it is if an accident can be avoided in the first place.

[Disco You]

Would it matter whose fault it was if you had a head on at 50+ mph each?!

In my opinion it would be his fault for sure, but that's somewhat academic if you're dead.

[SSBB]

Disco You said:

Would it matter whose fault it was if you had a head on at 50+ mph each?!

In my opinion it would be his fault for sure, but that's somewhat academic if you're dead.

+1

[carl carlson]

Appreciate that a 50mph head on crash the who is to blame question would be the last thing on my mind.

[dvance]

I would imagine it's going to be the van driver's fault as he's doing an unsafe overtake. I would treat the situation as if it were a single carriageway and he was overtaking and hit you head on while you were in your lane minding your own business.