50/50...??

[Fastra]

Just had a distraught daughter on the phone - someones driven into the side of her.
Not sure exactly where it is, but it's on the way to Kent from Catford.

Shes in lane 1 going straight on.
Hes in lane 2 going straight on.
He's driven into the side of her - at the point where the Merc is on the second pic.
He's denying it and saying she drove into him.
No witnesses.

Hard to prove, so do you reckon 50/50?

[kiethton]

Know this junction well, she's followed the markings fine but will go 50/50 without witnesses....

[Pericoloso]

Sounds like the other bloke didn't follow the lane markings but daughter may not have checked mirror when moving

to the right to avoid the left turn lane.

50/50 unfortunately.

[Fastra]

Yeah, can't prove anything at all really!

I'm in Manchester so trying to console her whilst telling her what to do.
It's her first altercation like this so literally doesn't have a clue what to do.
Shes got a lease from Peugeot (incl insurance) so is now waiting to be rescued.
To me and you its drivable, but its lost a drivers mirror and she won't drive it any further without one - this in itself probably indicates she does use her mirrors.

Just found out that the van had a trailer too, and its this thats hit her.
Which to me also indicates he 'cut' the corner.

[Pericoloso]

Fastra said:

Just found out that the van had a trailer too, and its this thats hit her.
Which to me also indicates he 'cut' the corner.

This confuses matters slightly.

The van has passed her but she contacts the trailer attached.

[Fastra]

Pericoloso said:

This confuses matters slightly.

The van has passed her but she contacts the trailer attached.

Realised that after I posted it.
Could be interpreted both ways though.
From what she's said though she's seen him coming over, braked to avoid the van he's hit her with the trailer.

Edited by Fastra on Friday 16th March 16:01

[Gavia]

Fastra said:

Pericoloso said:

This confuses matters slightly.

The van has passed her but she contacts the trailer attached.

Realised that after I posted it.
Could be interpreted both ways though.
From what she's said though she's seen him coming over, braked to avoid the van he's hit her with the trailer.

Edited by Fastra on Friday 16th March 16:01

If she’s in Lane 1 and he’s in 2, how has she seen him “coming over”? Where is he coming over from? He must have been in over in the new lane 2 for the van to have passed her without incident.

If he’s carried straight in and gone from Lane 2 into lane 1 instead of following the markings that kink to the right, then if she’d braked to miss him, she would’ve missed the trailer too.

[Fastra]

Gavia said:

If she’s in Lane 1 and he’s in 2, how has she seen him “coming over”? Where is he coming over from? He must have been in over in the new lane 2 for the van to have passed her without incident.

If he’s carried straight in and gone from Lane 2 into lane 1 instead of following the markings that kink to the right, then if she’d braked to miss him, she would’ve missed the trailer too.

What, so you never notice someone next to you drifting into your lane - never been on a motorway?
She's 'seen him coming' over as in st he's coming into my lane, peripheral vision, and all that!
They've been side by side and he's just not steered right enough, she's noticed he's coming at her, braked and swerved left, but he's still literally gone straight on. She's avoided the van but got caught by the trailer.

[Gavia]

Fastra said:

What, so you never notice someone next to you drifting into your lane - never been on a motorway?
She's 'seen him coming' over as in st he's coming into my lane, peripheral vision, and all that!
They've been side by side and he's just not steered right enough, she's noticed he's coming at her, braked and swerved left, but he's still literally gone straight on. She's avoided the van but got caught by the trailer.

I’ve got a fair bit of experience of people drifting across lames thanks. I’m also not emotionally involved in this, so can ask the questions you might not want asking.

I’m struggling to see how the accident has developed with her missing the van and colliding with the trailer if it’s him drifting into her.

Let’s say she’s moving correctly to the right, but looks in her mirror and sees the van behind not moving to his right. She brakes and would most likely have to stop, he goes past in the van without contact. How does the trailer then collide with her unless she’s moving?

[Zetec-S]

OP, sorry to hear it. Sounds like it will go 50-50, but I'd agree your daughter was in the right (if that's any consolation), van driver was driving like a tt (shock).

Was the van liveried, just thinking if it was a large company you might be able to push back on the 50-50?

[Fastra]

Gavia said:

I’ve got a fair bit of experience of people drifting across lames thanks. I’m also not emotionally involved in this, so can ask the questions you might not want asking.

I’m struggling to see how the accident has developed with her missing the van and colliding with the trailer if it’s him drifting into her.

Let’s say she’s moving correctly to the right, but looks in her mirror and sees the van behind not moving to his right. She brakes and would most likely have to stop, he goes past in the van without contact. How does the trailer then collide with her unless she’s moving?

Yep, definitely emotionally attached - apologies.
Probably less of a drift motion though.
I'd imagine it was something like this....

https://www.youtube.com/watch?v=kf7RwIaOGEk&fe...

[Gavia]

Fastra said:

Yep, definitely emotionally attached - apologies.
Probably less of a drift motion though.
I'd imagine it was something like this....

https://www.youtube.com/watch?v=kf7RwIaOGEk&fe...

I like that, that’s clever. The problem is that shows she’s still moving too, so 50/50 is sort of fair, maybe 70/30, but as she’s still moving, then it’s hard to say she isn’t partially to blame.

[Fastra]

Zetec-S said:

OP, sorry to hear it. Sounds like it will go 50-50, but I'd agree your daughter was in the right (if that's any consolation), van driver was driving like a tt (shock).

Was the van liveried, just thinking if it was a large company you might be able to push back on the 50-50?

Yes, is was a company van, she's got pictures and all the details of it.
{Father-tinted specs on} I'm annoyed that he didn't seem to help her though, yes fair enough you've had a disagreement over who's at fault, but FFS if a young girl is in floods of tears you'd at least make sure she gets sorted out. He left details and then fked off, offering no help at all. {Father-tinted specs off}

But if he's on a delivery deadline, then perhaps not???

[Fastra]

Gavia said:

I like that, that’s clever. The problem is that shows she’s still moving too, so 50/50 is sort of fair, maybe 70/30, but as she’s still moving, then it’s hard to say she isn’t partially to blame.

haa, thanks.


It's experience at the end of the day.
Shes a new (18 months) driver.
You and I would have been looking out for nobs at precisely that moment and reacted before it became a problem.

We all learn.

[Gavia]

Fastra said:

Yes, is was a company van, she's got pictures and all the details of it.
{Father-tinted specs on} I'm annoyed that he didn't seem to help her though, yes fair enough you've had a disagreement over who's at fault, but FFS if a young girl is in floods of tears you'd at least make sure she gets sorted out. He left details and then fked off, offering no help at all. {Father-tinted specs off}

But if he's on a delivery deadline, then perhaps not???

That’s just London.

[Fastra]

Gavia said:

That’s just London.

[Gavia]

Fastra said:

Gavia said:

That’s just London.

It’s getting worse up here too, but London is just a horrible city IMO.

[Mo28]

Not sure if it will help but the insurance on those Peugeot's have black boxes, can you not use the data from that to prove she braked hard before the collision

[Fastra]

Mo28 said:

Not sure if it will help but the insurance on those Peugeot's have black boxes, can you not use the data from that to prove she braked hard before the collision

Good point, Yep she's got a black box, so worth a shout!
But it won't help determine where she was when she braked though.

[Zetec-S]

Fastra said:

Zetec-S said:

OP, sorry to hear it. Sounds like it will go 50-50, but I'd agree your daughter was in the right (if that's any consolation), van driver was driving like a tt (shock).

Was the van liveried, just thinking if it was a large company you might be able to push back on the 50-50?

Yes, is was a company van, she's got pictures and all the details of it.
{Father-tinted specs on} I'm annoyed that he didn't seem to help her though, yes fair enough you've had a disagreement over who's at fault, but FFS if a young girl is in floods of tears you'd at least make sure she gets sorted out. He left details and then fked off, offering no help at all. {Father-tinted specs off}

But if he's on a delivery deadline, then perhaps not???

Just thinking if you disputed the 50-50 enough with your (her) insurance company then the van driver’s company may not push back. I only say this because in my job I see a lot of costs for van repairs and insurance costs and get the impression the company would rather take the hit and move on rather than drag it out with the insurance company.

(Also, agree it would have been the done thing to make sure she gets sorted)