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  • FIRST POST
    • applepicker
    • By applepicker 26th Sep 16, 6:14 PM
    • 113Posts
    • 7Thanks
    applepicker
    Went into the back of a BMW, how do I deal with this?
    • #1
    • 26th Sep 16, 6:14 PM
    Went into the back of a BMW, how do I deal with this? 26th Sep 16 at 6:14 PM
    Rammed into the back of a BMW on lease. I stopped gave him my phone number and name and said I wanted to pay for any damage privately after knowing the price. Looking at his bumper despite the big bump I couldn't see any damage. Possible one small nick round circular thing less than 1cm in diameter and quarter of mm deep but virtually nothing. The driver was amazed too.


    I apologised and he wanted me to sign that I had gone into the back of his car and it was my fault which I declined and just gave him my details. He is taking it next Monday into the BMW place to get looked at and touched up. He said as it's lease it had to be just like how it was when he got it.


    Am I doing the right thing in offering to pay? Looking at the damage it should cost about £20 to me but I have no idea what they will say or do! If he calls back next week and says it's £150 I decided to pay it if it's £1000 (for some crazy reason) should I go through insurance?


    And is going into the back of someone always your fault?
Page 5
    • Nasqueron
    • By Nasqueron 2nd Oct 16, 9:47 AM
    • 2,961 Posts
    • 1,602 Thanks
    Nasqueron
    To follow on from this discussion about careless or reckless driving, people can be (and have been) been jailed for things as innocuous as reaching for a sweet, where the result of doing so was dangerous driving.

    The golden rule is very simple. If you cannot do something without focussing 100% on driving, you cannot legally do it whilst driving.
    Originally posted by HornetSaver
    Certainly an interesting case though "reaching for a sweet" is misleading as it makes it sound like he was just grabbing something from a tin in the car.

    In the wording of that article he was not reaching for a sweet but rather "searching" in the pockets of a jacket draped across the passenger seat which is a lot different
    • Car 54
    • By Car 54 2nd Oct 16, 11:03 AM
    • 1,403 Posts
    • 869 Thanks
    Car 54
    Certainly an interesting case though "reaching for a sweet" is misleading as it makes it sound like he was just grabbing something from a tin in the car.

    In the wording of that article he was not reaching for a sweet but rather "searching" in the pockets of a jacket draped across the passenger seat which is a lot different
    Originally posted by Nasqueron
    The Munch-Petersen case attracted a lot of media interest at the time, and I believe M-P wrote a book about his experience. The incident was caught on film, which was used in evidence. In searching for the sweet, the driver was seen to have taken his eyes off the road for almost two seconds.

    M-P thought he had been harshly treated for what he saw as an accident. The appeal court did not agree, and upheld the verdict and sentence.
    • applepicker
    • By applepicker 5th Oct 16, 7:54 AM
    • 113 Posts
    • 7 Thanks
    applepicker
    If you are wearing the earpieces and talking on a phone when driving and had a crash, how would you prove that if you have a crash? I mean the phone would show it was being used at the time of the crash so is there a history of blue tooth use as well on the phone? My earpiece uses blue tooth.
    • Car 54
    • By Car 54 5th Oct 16, 8:32 AM
    • 1,403 Posts
    • 869 Thanks
    Car 54
    If you are wearing the earpieces and talking on a phone when driving and had a crash, how would you prove that if you have a crash? I mean the phone would show it was being used at the time of the crash so is there a history of blue tooth use as well on the phone? My earpiece uses blue tooth.
    Originally posted by applepicker
    If you have caused the crash (as in the OP's case), then it would be more sensible to charge you with careless driving which is a more serious offence than mobile phone use, and also easier to prove in a rear-end shunt.
    • straighttalker
    • By straighttalker 5th Oct 16, 9:09 AM
    • 701 Posts
    • 557 Thanks
    straighttalker
    If you are wearing the earpieces and talking on a phone when driving and had a crash, how would you prove that if you have a crash? I mean the phone would show it was being used at the time of the crash so is there a history of blue tooth use as well on the phone? My earpiece uses blue tooth.
    Originally posted by applepicker
    Do you have to touch your phone to make or receive calls though?
    • foxy-stoat
    • By foxy-stoat 5th Oct 16, 10:00 AM
    • 1,171 Posts
    • 649 Thanks
    foxy-stoat
    Absolutely. Your right to claim for injuries in an accident is a right that, by law, you cannot sign away. That's why so many so-called 'disclaimers' are not worth the paper they are written on.
    Originally posted by Richard53
    I thought small issues were better dealt with outside of insurance companies. Explain?
    Originally posted by applepicker
    See above post....OP come back on when/if you get a personal injury claim, lets hope you dont.
    • shaun from Africa
    • By shaun from Africa 5th Oct 16, 10:11 AM
    • 8,698 Posts
    • 9,758 Thanks
    shaun from Africa
    Do you have to touch your phone to make or receive calls though?
    Originally posted by straighttalker
    Even if you have to touch the phone to make or receive calls (such as having to press a button or the screen to answer it), you are not breaking the law as far as the legislation regarding mobile phone use is concerned.


    To commit an offence, you must actually be holding the phone at some point whilst using it.
    • foxy-stoat
    • By foxy-stoat 5th Oct 16, 10:15 AM
    • 1,171 Posts
    • 649 Thanks
    foxy-stoat
    Even if you have to touch the phone to make or receive calls (such as having to press a button or the screen to answer it), you are not breaking the law as far as the legislation regarding mobile phone use is concerned.


    To commit an offence, you must actually be holding the phone at some point whilst using it.
    Originally posted by shaun from Africa
    It maybe the case in Africa, but in the UK you just have to USE a hand held device....Phone in a cradle and your tapping away, you are using it, you dont need to be holding it - speaking into a hands free device seems to be ok.

    https://www.gov.uk/using-mobile-phones-when-driving-the-law
    • shaun from Africa
    • By shaun from Africa 5th Oct 16, 10:30 AM
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    • 9,758 Thanks
    shaun from Africa
    It maybe the case in Africa, but in the UK you just have to USE a hand held device....Phone in a cradle and your tapping away, you are using it, you dont need to be holding it - speaking into a hands free device seems to be ok.

    https://www.gov.uk/using-mobile-phones-when-driving-the-law
    Originally posted by foxy-stoat
    But the actual legislation states:

    a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;
    http://www.legislation.gov.uk/uksi/2003/2695/made
    Therefore if you don't have to actually hold it because it is placed in a mount, it is not classed as being hand held.
    • George Michael
    • By George Michael 5th Oct 16, 11:32 AM
    • 2,579 Posts
    • 3,446 Thanks
    George Michael
    It maybe the case in Africa, but in the UK you just have to USE a hand held device....Phone in a cradle and your tapping away, you are using it
    Originally posted by foxy-stoat

    Surely you can see the contradiction there.
    Yes, it is normally illegal to use a hand held device to make or receive calls but once the phone is placed in a cradle it is no longer a hand held device as there is no necessity to hold it.
    • foxy-stoat
    • By foxy-stoat 5th Oct 16, 11:37 AM
    • 1,171 Posts
    • 649 Thanks
    foxy-stoat
    But the actual legislation states:


    http://www.legislation.gov.uk/uksi/2003/2695/made
    Therefore if you don't have to actually hold it because it is placed in a mount, it is not classed as being hand held.
    Originally posted by shaun from Africa
    I see, so you can tap the screen for making or receiving a call but not sending a text while its in the cradle.

    But still a gamble I wouldnt want to take :

    Using hands-free devices when driving

    You can use hands-free phones, sat navs and 2-way radios when you’re driving or riding. But if the police think you’re distracted and not in control of your vehicle you could still get stopped and penalised.
    • Ozzuk
    • By Ozzuk 5th Oct 16, 12:07 PM
    • 835 Posts
    • 1,276 Thanks
    Ozzuk
    You really should inform your insurer, if the guy is already saying he has a bad neck he could easily claim in a few months time and as others have said your insurers will want to know why you didn't tell them.

    I doubt I'd risk it but its your decision!

    And if you did 'ram' him, injuries don't always show up straight away so he may actually have an issue (or just be looking to make some money).
    • shaun from Africa
    • By shaun from Africa 5th Oct 16, 12:22 PM
    • 8,698 Posts
    • 9,758 Thanks
    shaun from Africa
    But if the police think you’re distracted and not in control of your vehicle you could still get stopped and penalised.
    Originally posted by foxy-stoat
    I totally agree, hence the reason for my only stating that using a phone in a mount to make calls isn't illegal "as far as the legislation regarding mobile phone use is concerned."
    • Car 54
    • By Car 54 5th Oct 16, 1:03 PM
    • 1,403 Posts
    • 869 Thanks
    Car 54
    I see, so you can tap the screen for making or receiving a call but not sending a text while its in the cradle.
    Originally posted by foxy-stoat
    No. If it's in a cradle it's not a hand-held device, so you can use it for sending a text or anything other purpose without committing an offence under the mobile phone regs.
    • dippy3103
    • By dippy3103 6th Oct 16, 11:16 PM
    • 1,513 Posts
    • 2,325 Thanks
    dippy3103
    Just paid it and got the receipt. Couple of things. The guy when he was at the spray shop was complaining about his neck and the mechanic said it would be worth me getting him to sign a form saying everything had been settled. Just write it out myself?


    Also, was checking something on the phone when I hit the guy I am an idiot and have stopped doing this. If you call someone one your phone and use headphones, is that illegal? I have a set. How would you be able to prove you were using the Bluetooth headphones?
    Originally posted by applepicker
    I think you should inform your insurance company and now.. if you havn't already invalidated the policy. He has 3 years in which to make a PI claim.
    • bobshipman
    • By bobshipman 8th Oct 16, 2:02 PM
    • 7 Posts
    • 0 Thanks
    bobshipman
    I'd try insurance job pal. Have known people to try it on especially when they read about easy personal injury money.
    • applepicker
    • By applepicker 9th Oct 16, 9:40 PM
    • 113 Posts
    • 7 Thanks
    applepicker
    I think you should inform your insurance company and now.. if you havn't already invalidated the policy. He has 3 years in which to make a PI claim.
    Originally posted by dippy3103

    What about his insurance! He will be in trouble for not reporting it too!
    • BeenThroughItAll
    • By BeenThroughItAll 9th Oct 16, 9:45 PM
    • 3,463 Posts
    • 2,773 Thanks
    BeenThroughItAll
    What about his insurance! He will be in trouble for not reporting it too!
    Originally posted by applepicker
    How would you know he hasn't reported it to his insurer as an information-only incident?
    • applepicker
    • By applepicker 9th Oct 16, 9:47 PM
    • 113 Posts
    • 7 Thanks
    applepicker
    It maybe the case in Africa, but in the UK you just have to USE a hand held device....Phone in a cradle and your tapping away, you are using it, you dont need to be holding it - speaking into a hands free device seems to be ok.

    https://www.gov.uk/using-mobile-phones-when-driving-the-law
    Originally posted by foxy-stoat

    So do they get the phone history and know if you've been texting or checking facebook? And of course -speaking on your phone would be easy to know about. But how would you prove your innocence of using a head piece?
    • Wig
    • By Wig 9th Oct 16, 10:01 PM
    • 13,423 Posts
    • 7,278 Thanks
    Wig
    Went into the back of a BMW, how do I deal with this?


    Put it in reverse and back away?
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