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Just had a car crash...

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Comments

  • almillar
    almillar Posts: 8,621 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Another example of why the ADVICE (no not a legal requirement, doesn't mean it should be ignored!) in the Highway Code is to REVERSE INTO driveways and drive out of them. I believe you're not allowed to reverse onto a main road too?
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    almillar wrote: »
    Another example of why the ADVICE (no not a legal requirement, doesn't mean it should be ignored!) in the Highway Code is to REVERSE INTO driveways and drive out of them. I believe you're not allowed to reverse onto a main road too?



    Untrue,again advisable, see Ask the police.


    .
    .
    Don`t steal - the Government doesn`t like the competition


  • now she's claiming whiplash....
  • Strider590
    Strider590 Posts: 11,874 Forumite
    You were in your lane, she deviated and then drove into you.......

    If she had intended to do a U turn, she should have done so without driving down the wrong side.
    If she was aiming for the driveway, she should have used her indicator.
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

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  • fivetide
    fivetide Posts: 3,811 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    Just read the thread and TBH sounds like someone was a bit impatient.

    No offence Mark but we only have your side of the story. I have to pull across to the right to get into my drive too. I always back in though because even pulled diagonal across the road and with the left indicator on plenty of people have shoved their way past because they can't wait 10 seconds until someone finishes a manoeuvre.

    Whiplash is of course a bit of a laugh.

    what have your insurance actually said? If it's 50/50 then there is no real point but they will award primary liability to one driver and reduce the payout by the amount of fault they think the other person has.

    i.e. it is decided that you were primarily at fault for not waiting but she was half responsible for not checking it was clear (as per your pic) then she'll only get half the cash from your insurer.

    5t.
    What if there was no such thing as a rhetorical question?
  • Strider590 wrote: »
    You were in your lane, she deviated and then drove into you.......

    If she had intended to do a U turn, she should have done so without driving down the wrong side.
    If she was aiming for the driveway, she should have used her indicator.

    I can't prove she didn't signal. She said to my dad and I afterwards that she wasn't sure if she signalled, but my dad is a biased witness.

    Fivetide, appreciate what you're saying but if there was any indication that she was doing anything other than pulling up on the side of the road, I wouldn't have advanced. My road is a dead end, I was seconds from home.... there would be no benefit anyway.

    Anyways, she'll prob get away with it, my insurance will go up, my saving for a house will take a hit and she will get money from a fraudulent whiplash claim.

    Happy new year.
  • fivetide
    fivetide Posts: 3,811 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    IFivetide, appreciate what you're saying but if there was any indication that she was doing anything other than pulling up on the side of the road, I wouldn't have advanced. My road is a dead end, I was seconds from home.... there would be no benefit anyway.

    I hear ya and I'm playing Devil's advocate a bit but most accidents are within a short distance from home as people get complacent because the roads are so familiar and they just make assumptions instead of decisions.

    You assumed she was parking up because that's what it looked like she was doing. However, you didn't wait to make sure that really was what she was doing and that's what the insurers will see and how the court may judge it should the fight go on.

    I had an incident myself with a coach on the wrong side of the road on a narrow lane. Blind bend and he cut it (he didn't need to) but the judge put it down as his fault primarily but partly me for not stopping. Judge actually asked "if you'd been going slower could the accident have been avoided?" I honestly said I didn't know because the coach was also moving so I couldn't answer. I did say I'd have been able to stop if it was an inanimate object.

    That's how these things play out I'm afraid.

    5t.
    What if there was no such thing as a rhetorical question?
  • 2eZero
    2eZero Posts: 23 Forumite
    Many years ago I was driving a friend to work. We were on a short dual carrigeway section without a center barrier. The nearside lane was usually used for overnight parking of vehicles but was empty at this time. Another car in front slowed, so I pulled into lane 2. As I grew level he banked over towards the nearside but didn't check his mirrors, then suddenly sharply turned in my direction. At the time I was in driver training for something else so was checking the mirrors more often and saw his sharp movement and sounded the horn. He looked surprised in my direction and braked hard, I accellerated, cleared him and carried on. He came to a stop sideways in the road.

    From what I can tell he was trying to do a U turn in the road, even though there was a roundabout up ahead. He probably checked his rear-view mirror and didn't see anything but did not check to his right nor his mirror, and probably hadn't checked his mirror before so didn't even know I was there!

    This does sound like someone making a manouver without adequet checking of mirrors and blindspots or even indicating their intentions. Considering I shall be doing more vocational driver training soon I'll remember this ;)

    Oh, and good luck :) Writing out a statement with a diagram, photos, map etc will do wonders for your case. Try and take measurements where you can, number where manouvers happened and their path in the road. I would advise using pencil/ruler on an A4 sheet to rough out the sketch as best as possible, put all the detail you want in and when you are ready with the final plan put it in ink, and use black ink and rules where you can. Looks more professional :) and you are more likely to get your point across, possibly than them!
  • Latest update:

    She has realised she is not getting fully away with it so sent a "more detailed version of events".

    This time she says I mounted the kerb to get past her!

    I feel sick. She is actually making up full blown lies now to make it appear like its my fault. Nothing I can do about it.

    I've got an engineer coming out to look at my car, so.they will hopefully prove she was lying about me speeding but doubt they can prove I didn't mount kerb, maybe from height of impact they can?

    apparently even if they prove I wasn't speeding, therefore prove she is lying, it doesn't discredit her whole "story".

    She also said she didn't see me in her mirrors, so hopefully contradicted herself there.

    So sick of this now, she is a liar and a fraud an I'm helpless against it. Just wanna go round to her house an tell her to stop lying. Arghhhhhhhhhh
  • fivetide
    fivetide Posts: 3,811 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    Mark,

    chill!

    What a tangled web we weave etc

    The coach driver in the story above actually submitted to the court that he had stopped and applied the handbrake as he'd seen me coming. Happily the pictures proved he was lying. judges do see past this stuff so if she's started lying chances are she'll catch herself out.

    Stick to your story and let the insurance keep poking holes in hers.

    5t.
    What if there was no such thing as a rhetorical question?
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