OK so the van got crumpled

[crumpledwing]

Right, I need some opinions: is this my fault, his fault, what would you do?

Driving the works van home, stuck behind a freelander pootling along at 40. Bend approaching, drop back as know there is a possible overtake coming, wind her up and am now accelerating and am faster than the car in front and drawing closer, see open road ahead, mirror, indicate, pull-out and some fker is there already. We collied and I braked, he carried on past me and the car in front, he was carrying significantly more speed than me.

The collision was between the front wing of my van and the front of his passenger door back to the back of the rear door.

My other half was following in the Lotus but didn't see.

We both pull over some half a mile down the road and exchange details.

He says to me "I saw you indicate and I floored it"

I'm not sure what to think and do - do I report it to the insurance and let them sort it out and take the hit on the various policies when I have to declare a claim or ask him to sort it out privately as even though I'm not sure it is my fault I still might be better off doing that. Have 9+ years PNCD on the van (in Other Half's name) 9+ years on Lotus (same as van) and I have 6 years on my car.

I think he came round the corner at speed and saw me and floored it to get past the van not seeing that I was committed to overtaking.

Opinions?

[Beartato]

Your fault. 100%, no doubt about it. You pulled out and hit a car that was already overtaking by not paying enough attention. If it was a biker you might have killed him/her. Take the increase in premiums and be thankful you don't have knocking me off my bike on your conscience.

[Caulkhead]

I can't see how you didn't see him if you checked your mirror correctly. I'll speculate that you were so focused on the overtake in a slow van you did the signal and manoeuvre, but not he mirror.

[poing]

Sorry, I'd say your fault. It's your responsibility to ensure a piece of road is clear before entering it. We've all experienced either being surprised by someone we didn't know was in our blind spot and vice versa.

Sadly it's the kind of thing that could easily happen to any of us from just a very short lapse of observation.

Edit to say it does annoy me when people don't wait for those in front to overtake but sadly there are a lot of drivers that just won't overtake so I am always double careful when overtaking the cars stuck behind slower stuff in case they suddenly decide to pull out and haven't seen me.

[Altrezia]

Beartato said:

Your fault. 100%, no doubt about it. You pulled out and hit a car that was already overtaking by not paying enough attention. If it was a biker you might have killed him/her. Take the increase in premiums and be thankful you don't have knocking me off my bike on your conscience.

This

[Steff]

Caulkhead said:

I can't see how you didn't see him if you checked your mirror correctly. I'll speculate that you were so focused on the overtake in a slow van you did the signal and manoeuvre, but not he mirror.

my thoughts exactly - O.P.'s fault I'm afraid

[Dan_1981]

100% your fault.

Did you not check your blind spot?

[hornetrider]

Your fault.

[Dids444]

Got to agree.. it does sound like your fault OP

[crumpledwing]

Thanks all, appreciate the honest comments.

I just can't understand where he came from. As I rounded the bend I checked the mirrors, I suspect he was hammering along saw me in front and not me indicating and went for it. It's gutting and as someone said it could have been a bike and much more serious.

I'm afraid I'm going to be in the group of people who don't overtake for a while.

[Caulkhead]

crumpledwing said:

Thanks all, appreciate the honest comments.

I just can't understand where he came from. As I rounded the bend I checked the mirrors, I suspect he was hammering along saw me in front and not me indicating and went for it. It's gutting and as someone said it could have been a bike and much more serious.

I'm afraid I'm going to be in the group of people who don't overtake for a while.

Don't worry, none of us are perfect, no one was hurt and you're man enough to admit your mistake! Chalk it up to experience.

[David87]

Having a 'run-up' to the car in front isn't a good idea either - even if you had spotted the other overtaking car at the last minute you may well not have been able to avoid running into the back of the slower vehicle. It's really not a good idea unless you're completely sure there is nothing that could possibly stop you from completing the overtake, which is, of course, almost impossible.

[PJ S]

Mirror, signal, mirror, then manoeuvre.
Sadly, it's your fault no matter where the other car appeared from - it was already there, so the overtake wasn't on at that point.
Crap lesson, but use it as a reminder to be wholly sure the way is clear.
Chances are the other car was up your chuff, and not sitting out for you to notice in your door mirrors.

[John D.]

Your fault I'm afraid.

[Nuttah]

We all make mistakes its what we learn from them that matters, bad luck mate take it on the chin and learn from the experience.

[ChiChoAndy]

Yup, to mirror others opinions... It was your fault. Should have checked mirrors before pulling out.

[Sir Bagalot]

crumpledwing said:

I just can't understand where he came from.

I almost had a similar incident a few years back. I'm on Hols in a hire car and pull out to overtake and almost hit a Merc E Class that is overtaking me.

I honestly didn't see him when I checked my mirror. I'm commited and he slams his brakes on. We both overtake and I acknowledge him to apologise, once we overtaken the car in front of me I then let him overtake me and he floors it.

As he passed me I realise why I never saw him before.... the bootbadge says E500 and believe me he was using all the power.

[Bacon Is Proof]

Luckily no one was hurt, so just make sure you learn from it.

[Beartato]

crumpledwing said:

Thanks all, appreciate the honest comments.

I just can't understand where he came from. As I rounded the bend I checked the mirrors, I suspect he was hammering along saw me in front and not me indicating and went for it. It's gutting and as someone said it could have been a bike and much more serious.

I'm afraid I'm going to be in the group of people who don't overtake for a while.

It's very refreshing to see someone take it on the chin like this and be willing to learn from their experience. I'm glad to see that you've learned your lesson and are accepting responsibility, but don't let it put you off overtaking, just take the lesson to heart, never forget it, and use this incident to make you a better driver in future.

I'm aware of the comma overdose in the last sentence thankyou very much grammer nazis

[snowdude2910]

What did you hit it's your fault but if the cost is reasonable then it's perfectly legal to settle it without insurance or if he refuses to do so then deal with his insurance company direct and just have them invoice you