A bit of insurance advice please.
Discussion
I had an accident Yesterday - someone turned into me as I overtook them; they weren't indicating. The insurance company have said prepare yourself for a possible 50/50 claim, which I'm annoyed at TBH.
The scenario: I overtook a slow moving 4x4 pulling a large empty double axle low trailer. This was moving from a 30 to a 40 zone on country road and the starting speed of the manoeuvre was 20-25 mph. Now given I was a couple of car lengths back when I started the overtake and he turned into me as I was ahead of him slightly, that's a long time to not see me. I can't see what I could have done differently TBH other than not overtake.
There's doesn't actually appear to be much damage - new wing and dent in door - but it's the principle of the thing really as it implies that overtaking is now
So any guess as to whether I'll be onto a loser here?
The scenario: I overtook a slow moving 4x4 pulling a large empty double axle low trailer. This was moving from a 30 to a 40 zone on country road and the starting speed of the manoeuvre was 20-25 mph. Now given I was a couple of car lengths back when I started the overtake and he turned into me as I was ahead of him slightly, that's a long time to not see me. I can't see what I could have done differently TBH other than not overtake.
There's doesn't actually appear to be much damage - new wing and dent in door - but it's the principle of the thing really as it implies that overtaking is now
So any guess as to whether I'll be onto a loser here?
doogz said:
rhinochopig said:
doogz said:
Did you overtake him, passing a junction. As in, you went out to go past him, and he tried to turn right from a major road to a minor road, without indicating and hit you?
Both on a b road - he was attempting to turn into a drive-way.So you were following him along a b-road, and he turned into a driveway without indicating. You didn't see him braking?
Tricky one, if it was a junction he turned at, i'd say you were both wrong, 50/50.
He'd previously pulled out without indicating at the other edge of the village causing me to have to slow down, so the only reason I overtook in the first place was that I assumed he was one of the myriad numptys who bimble around the moors in a world of their own at 20-40mpg regardless of the speed limit. IME it is better to have these people behind you than in front of you.
Ah well, sounds like I've been unlucky. I'll start calling up the breakers yards.
SWoll said:
frosted said:
Not much you can do about it , it's your word against his . Someone pulled on me from a secondary road to main road without looking and I had to accept a 50/50 . You can get one of those dash cams like they have in America for future though
This, assuming you get offered 50/50 that is...Overtaking on single carriageways is so frowned upon nowadays that I would suggest preparing yourself to be accused of being solely at fault.
I hope I'm wrong but if he says he was indicating and you overtook him as he was turning in to the driveway...
Fingers crossed.
Update. Just had an e-mail stating that it went to 50/50; already settled no chance of appeal etc.
So effectively it makes it 'illegal', as far as the insurance companies are concerned, to overtake another vehicle anywhere that a car can potentially turn into, including farm tracks etc. I was lucky to get 50-/50 by all accounts. It's not the cost that bugs me, but the principle of the thing; had I hit him I'd hold my hands up.
I provided pictures of the impact damage to my car showing very very clearly that he hit me but they obviously count for little. See first pic in the series. The full impact was just behind the wheel. Ah well, you live and learn I suppose.
So effectively it makes it 'illegal', as far as the insurance companies are concerned, to overtake another vehicle anywhere that a car can potentially turn into, including farm tracks etc. I was lucky to get 50-/50 by all accounts. It's not the cost that bugs me, but the principle of the thing; had I hit him I'd hold my hands up.
I provided pictures of the impact damage to my car showing very very clearly that he hit me but they obviously count for little. See first pic in the series. The full impact was just behind the wheel. Ah well, you live and learn I suppose.
Deva Link said:
rhinochopig said:
So effectively it makes it 'illegal', as far as the insurance companies are concerned, to overtake another vehicle anywhere that a car can potentially turn into, including farm tracks etc.
I think you're making a huge leap there. Did the insurance company provide an explanation?Their explanation was that overtaking is considered by insurance companies to be a dangerous manoeuvre. As I said they felt I was lucky to get 50/50 because my 'dangerous' driving automatically puts the blame my way.
mrmr96 said:
rhinochopig said:
So effectively it makes it 'illegal', as far as the insurance companies are concerned, to overtake another vehicle anywhere that a car can potentially turn into, including farm tracks etc. I was lucky to get 50-/50 by all accounts. It's not the cost that bugs me, but the principle of the thing; had I hit him I'd hold my hands up.
Highway Code Rule 167: http://www.direct.gov.uk/en/TravelAndTransport/Hig...Highway Code said:
DO NOT overtake where you might come into conflict with other road users. For example
approaching or at a road junction on either side of the road.
Seems pretty self explanatory to me.approaching or at a road junction on either side of the road.
Efbe thanks for the link, it would have at least proved his prior poor driving, him illegaly towing the trailer, and the fact he didn't indicate.
mrmr96 said:
rhinochopig said:
I wasn't approaching a junction or a road. It was a drive way
When the drive joins the road, is that a junction? Given that cars can (and turns out did) drive into a "drive way" I think it's safe to assume they need to be treated the same as any other "junction".Don't flame me mate, I'm just pointing you to the relevant bit of the HC. I didn't write it!
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