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    • dnet
    • By dnet 16th Mar 17, 8:28 PM
    • 93Posts
    • 6Thanks
    dnet
    Collision with overtaking car
    • #1
    • 16th Mar 17, 8:28 PM
    Collision with overtaking car 16th Mar 17 at 8:28 PM
    Yesterday i was involved in a collision

    I was driving in a 40mph zone doing 40 when i wanted to cross to the other side and park to make a phone call

    There are hatchings with a broken line running down the middle

    I checked my mirrors, indicated and started to move right

    Almost immediately a car smashed into the side of me

    He must have been doing 70 +

    He thinks i drove into him and claims i wasn't indicating

    He was driving (what looks like) a fairly new BMW M5 and is worth over 70k apparently

    My concern is i didn't see him in the mirrors but he was going so fast i don't know where he came from

    I think both cars may be written off and if i have to pay out for his damage it could be horrendous

    I fear that if they insist i drove into them i don't know how to defend it. I don't know if there is anyway to show how fast they were going

    They say they have a dashcam but surely this would show them going well in excess of the speed limit?
Page 3
    • takman
    • By takman 20th Mar 17, 12:05 PM
    • 2,270 Posts
    • 1,890 Thanks
    takman
    From what the OP has said there is no way you can blame the BMW driver. All we know is the OP decided to pull over onto the opposite side of the road to make a phone call and as they pulled over they hit a car that was overtaking.


    They then estimate the car was going more than 70mph yet they didn't see the car at all until they collided, so that's basically a load of rubbish.




    It's perfectly legal if NECESSARY - that is the wording in the highway code rule 130 (along with the proviso that you should be able to see it is safe to do so). Being an impatient BMW driver who wants to do more than 40 in a residential looking area is not necessary. The hashed markings are there for safety rather than a barrier.

    The HC is clearly referring to passing say a broken down lorry or cyclist where it's necessary to go into the area or you'd be stuck until the lorry was fixed.
    Originally posted by Nasqueron

    So your saying that the BMW driver was in the wrong because it wasn't necessary for them to overtake. Yet it was necessary for the OP to pull over to make a phone call, which could have waited.
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