Portugal crash
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Discussion

DSMSMR

Original Poster:

1,002 posts

16 months

Yesterday (11:10)
quotequote all
last year, a local chappie in Portugal tried to overtake me on a long curving left road. he didnt see I was 4th inline and that 2 cars had started to come around the gentle curved bend. So when he was 2/3rds the way up my left side, just ttted me in the side. We pulled over, I called the cops. GNR corrupt to fk the lot of them but hey ho. I dont speak Portugese, but a female friend does. She spoke to the cop, I filled out a brief statement, drew a piccy and the cop told me, via my BFF, to call the cop shop in 5 days for their decision etc.

A week later, she called. No record of the accident, cant find the cop involved etc etc. No surprise there.

Came home, repaired my van. Didnt make a claim. Repairs....bit of filling and a paint job, £750. I had a £500 deductable, so didnt make a claim etc.

FF to march. get a letter via the underwriters of then now ex insurance saying they have recieved via their " partners" in the EU a claim against me.
So I gave them the whole story. On it they said.
Have just had an email, from ym ex underwriters/insurance, saying the cops found ME guilty and that they would now settle with the claim.

Its a he said/I said. No witnesses. I am baffled.

AB

20,256 posts

222 months

Yesterday (11:52)
quotequote all
Chalk it up to experience and move on seems like the only option, it's horrible but I don't see an alternative.


JQ

6,696 posts

206 months

Yesterday (12:11)
quotequote all
AB said:
Chalk it up to experience and move on seems like the only option, it's horrible but I don't see an alternative.
This and buy yourself a dashcam.

Yellow Lizud

2,893 posts

191 months

Yesterday (12:13)
quotequote all
AB said:
Chalk it up to experience and move on seems like the only option, it's horrible but I don't see an alternative.
Yes, this is all you can do, plus learn a few things for next time.

Firstly, you're in a foreign country, you're guilty - it's just how it works.

Secondly, whilst it may have been the idiot overtaking round a blind bend that caused the accident.
It was you that did not prevent the accident. When you saw the idiot overtaking you should have slowed down to let him in, where did you think he was going to disappear to if something came the other way?

"I'm in the right, you're not going to overtake me" usually doesn't end well, as you have discovered.

mmm-five

12,268 posts

311 months

Yesterday (12:40)
quotequote all
Even if the police said it was the other driver's fault, you may still find it difficult to get paid out.

My mate had a non-fault accident on the Nurburgring*, attended by the police who watched the video footage and apportioned blame there and then. My mate received his copy of the police report and handed a copy to the 3rd party's insurer who have done nothing but delay and offer excuses for over 4 years.

My mate didn't want to involve his UK insurer as a claim via that (even non-fault) would have affected his specialist multi-car and trade policy (no, not Admiral) - but that's come back to bite him in the bum because he's still out of pocket over £20k.

I had a similar issue with a Lithuanian lorry driver drifting out of his lane in roadworks in Belgium - had the registration number and company info from the dashcam recording of the incident, but my insurer put it down as a fault claim as they said there was little likelihood of being able to recover any monies from the 3rd party insurer. Luckily mine just required a passenger door mirror and repairs to scratches/dents on NSF wing.

(my mate was doing a cool-down lap (had a Jahreskarte so laps for cool-down/warm-up don't cost extra), going around the top of Karussel and another driver carried too much speed into the Karussel and came out about 1/3rd of the way around and up into the side of my mate) - luckily there were photographers/videographers there to supply evidence/statements

DSMSMR

Original Poster:

1,002 posts

16 months

Yesterday (14:19)
quotequote all
Yellow Lizud said:
AB said:
Chalk it up to experience and move on seems like the only option, it's horrible but I don't see an alternative.
Yes, this is all you can do, plus learn a few things for next time.

Firstly, you're in a foreign country, you're guilty - it's just how it works.

Secondly, whilst it may have been the idiot overtaking round a blind bend that caused the accident.
It was you that did not prevent the accident. When you saw the idiot overtaking you should have slowed down to let him in, where did you think he was going to disappear to if something came the other way?

"I'm in the right, you're not going to overtake me" usually doesn't end well, as you have discovered.
then the guy behind him slams into my rear???
One second he was behind then he just pulled out and tried to accelerate. I dont think he even saw the 3 cars infront of me. Where did he think he was going on a bend.....Cant see anywhere that you have to slow down to let an overtaking car pull infront of you, might be mistaken!!!

Wills2

29,183 posts

202 months

Yesterday (14:46)
quotequote all
DSMSMR said:
Yellow Lizud said:
AB said:
Chalk it up to experience and move on seems like the only option, it's horrible but I don't see an alternative.
Yes, this is all you can do, plus learn a few things for next time.

Firstly, you're in a foreign country, you're guilty - it's just how it works.

Secondly, whilst it may have been the idiot overtaking round a blind bend that caused the accident.
It was you that did not prevent the accident. When you saw the idiot overtaking you should have slowed down to let him in, where did you think he was going to disappear to if something came the other way?

"I'm in the right, you're not going to overtake me" usually doesn't end well, as you have discovered.
then the guy behind him slams into my rear???
One second he was behind then he just pulled out and tried to accelerate. I dont think he even saw the 3 cars infront of me. Where did he think he was going on a bend.....Cant see anywhere that you have to slow down to let an overtaking car pull infront of you, might be mistaken!!!
You're meant to be able to stop if the car in front does, why does no one seem to understand that, if I'm behind you I'm going to be at least 2 seconds behind you (more in the wet) so in the event that you slam all on I'm still going to be able to stop and not hit you.

If you are being tailgated as you seem to indicate you were, then you leave a bigger gap to the car in front so that you manage the guy behind.

I'm not blaming you for the accident but far too many people seem to think it's normal to tail gate and not be able to stop.



Yellow Lizud

2,893 posts

191 months

Yesterday (15:33)
quotequote all
DSMSMR said:
then the guy behind him slams into my rear???
One second he was behind then he just pulled out and tried to accelerate. I don't think he even saw the 3 cars in front of me. Where did he think he was going on a bend.....Cant see anywhere that you have to slow down to let an overtaking car pull in front of you, might be mistaken!!!
It's called defensive driving, it's a combination of common sense and antisipation.

Sadly, judging by your reply, something you seem to be lacking in.

DSMSMR

Original Poster:

1,002 posts

16 months

Yesterday (19:47)
quotequote all
Yellow Lizud said:
DSMSMR said:
then the guy behind him slams into my rear???
One second he was behind then he just pulled out and tried to accelerate. I don't think he even saw the 3 cars in front of me. Where did he think he was going on a bend.....Cant see anywhere that you have to slow down to let an overtaking car pull in front of you, might be mistaken!!!
It's called defensive driving, it's a combination of common sense and antisipation.

Sadly, judging by your reply, something you seem to be lacking in.
WTF did I just read. What a crock of ste

eldar

25,113 posts

223 months

Yesterday (19:53)
quotequote all
DSMSMR said:
Yellow Lizud said:
DSMSMR said:
then the guy behind him slams into my rear???
One second he was behind then he just pulled out and tried to accelerate. I don't think he even saw the 3 cars in front of me. Where did he think he was going on a bend.....Cant see anywhere that you have to slow down to let an overtaking car pull in front of you, might be mistaken!!!
It's called defensive driving, it's a combination of common sense and antisipation.

Sadly, judging by your reply, something you seem to be lacking in.
WTF did I just read. What a crock of ste
Victim blaming, it's the new PH way.

paddy1970

1,432 posts

136 months

Yesterday (19:56)
quotequote all
Yellow Lizud said:
It's called defensive driving, it's a combination of common sense and antisipation.

Sadly, judging by your reply, something you seem to be lacking in.
He is driving a van, there is zero chance he will understand what you mean...

paul_c123

2,255 posts

20 months

Yesterday (20:03)
quotequote all
Without any independent witnesses (and especially with the language barrier), you basically have no chance.

Mandat

4,547 posts

265 months

Yesterday (20:21)
quotequote all
I think that the OP is being unduly judged, particularly as we don't have any dash cam footage or the other side of the story.

However, the comments about observation & anticipation, and avoiding becoming involved with somebody else's accident are all valid.

Sebring440

3,170 posts

123 months

Yesterday (22:22)
quotequote all
eldar said:
Victim blaming, it's the new PH way.
Certainly not new. "Blame the OP" has been a PH thing for years.

Yellow Lizud

2,893 posts

191 months

Yesterday (22:23)
quotequote all
DSMSMR said:
WTF did I just read. What a crock of ste
Would you like to explain why?

_Rodders_

3,190 posts

46 months

Yesterday (22:26)
quotequote all
You're not going to get anywhere with it so the sooner you get over it the better for you.

Baffles me why anyone would drive a car (or van) without a dash cam unless you're the one that doesn't want any evidence.

hidetheelephants

35,035 posts

220 months

Yesterday (23:06)
quotequote all
_Rodders_ said:
You're not going to get anywhere with it so the sooner you get over it the better for you.

Baffles me why anyone would drive a car (or van) without a dash cam unless you're the one that doesn't want any evidence.
I'd agree with that in general but Portugal seem to have a funky attitude to dashcams and police can fine you for having one.

speedking31

3,866 posts

163 months

DSMSMR said:
Cant see anywhere that you have to slow down to let an overtaking car pull infront of you, might be mistaken!!!
You are mistaken.
The Highway Code said:
168
Being overtaken. If a driver is trying to overtake you, maintain a steady course and speed, slowing down if necessary to let the vehicle pass. Never obstruct drivers who wish to pass. Speeding up or driving unpredictably while someone is overtaking you is dangerous.

RotorRambler

1,227 posts

17 months

paul_c123 said:
Without any independent witnesses (and especially with the language barrier), you basically have no chance.
Opening post “ I dont speak Portugese, but a female friend does. She spoke to the cop”

The Gauge

7,066 posts

40 months

Motoring accidents are preventable which is why they are now called ‘collisions’ instead.

If the offending driver isn’t going to do anything to prevent it (such as not overtake) then usually other drivers can, even if that means the innocent driver. But drivers usually have the ‘I’m in the right so I’m not making allowances’ approach, which can often result in a collision.

Taking it to the extreme level, there’s no point being in the right when you’re 6ft under.