Road accident insurance question

zsolt67

Sorry about my English.
I had this accident one and half week ago and I still confused what to do. My car (1.) overtaking the row and the car(2) didn't look at the mirror and started to overtake too and hit my car's left side.
1. I am not sure I made an offence with that overtake.
2. How affect the insurance case. If the car(2) made a mistake with didn't look at the mirror before start can my offence overrule that?
3. If I made an offence can I loose bonus?
So in one word if I report the accident which is the priority. He didn't check the mirror or I was in offence(if I was)
s29.postimg.org/o8kvt9gp3/image_1.png (sorry I don't know how to post a picture as a new user, copy and paste the link in the browser to view the picture)

Dianchi

Did you call out the police?
You must tell your insurers ASAP.

Personally as you have written it sounds like it was the other persons fault, but if you just report it, and the other drivers details then the insurance companies will just argue it out.

almillar

Good explanation. You were passing a queue of traffic on your left. Were you in another lane, or were you overtaking, as in on the wrong side of the road, or in hatchings?
If it's the side of your car that was hit, and you were in a place you were supposed to be, and you weren't speeding, then it would be the other person's fault.

zsolt67

Yes I reported to the police but they didn't come.
The question is the place of the accident. I am passing a queue on the area with diagonal lines with broken line around. the rule says: "Areas of white diagonal stripes painted on the road. These are to separate traffic lanes or to protect traffic turning right. If the area is bordered by a broken white line, you should not enter the area unless it is necessary and you can see that it is safe to do so."
So I passing the queue is it offence or not? and if offence can I win the insurance case? Or does it count? If I report to the insurance and was my mistake can I loose money or bonus?
That is clear the other party caused the accident not checking the mirror and even he try to enter that area as well.
here is the outline picture of the accident: s29.postimg.org/o8kvt9gp3/image_1.png

Bigphil1474

It reads like you were committing an offence, and the car that hit you was also committing an offence, by entering the white lined area, and it wasn't necessary for either of you to be in there. IMO you would probably both be deemed partially liable and it may affect your ncb, although the other driver caused the collision so would probably be more liable. Unfortunately, I couldn't see the picture, but entering a white lined area to get a past a queue of traffic isn't a necessity so don't do it. Best bet would be to try and sort it privately with the other driver.

tykesi

Spam reported

AdrianC

You were passing a row of stationary traffic? Or "overtaking"?

50/50. He should have looked, but you shouldn't have been passing on the lines, and you should have been prepared for somebody doing precisely that - ESPECIALLY coming to the end of the lines.

InsideInsurance

AdrianC wrote: »

You were passing a row of stationary traffic? Or "overtaking"?

50/50. He should have looked, but you shouldn't have been passing on the lines, and you should have been prepared for somebody doing precisely that - ESPECIALLY coming to the end of the lines.

You are entitled to go over the area if they have a broken border as the OP has said they do. The highway code says only if its "necessary" but inevitably its never explained and even the solid version it says you can go into for an emergency and so clearly a necessity is lower than an emergency (rule 130 https://www.gov.uk/general-rules-all-drivers-riders-103-to-158/lines-and-lane-markings-on-the-road-127-to-132)

I agree that it is likely to be a split liability situation however the other vehicle is likely to carry the majority of the liability as the OP was already established in their manover and undoubtedly will say that the other vehicle failed to indicate their intentions.

AdrianC

InsideInsurance wrote: »

You are entitled to go over the area if they have a broken border as the OP has said they do. The highway code says only if its "necessary" but inevitably its never explained and even the solid version it says you can go into for an emergency and so clearly a necessity is lower than an emergency (rule 130 https://www.gov.uk/general-rules-all-drivers-riders-103-to-158/lines-and-lane-markings-on-the-road-127-to-132)

Does the HC need to spell out that "I don't want to wait in the queueing traffic" is not "necessary"?

scotsbob

Dean9114 wrote: »

Had it caused you any kind of injury , you would have a legal right to make a claim for personal injury insurance..You could consult a Traffic Injury Attorney like these - downtawnlalw dot com.Hope that helps.

spam reported

InsideInsurance

AdrianC wrote: »

Does the HC need to spell out that "I don't want to wait in the queueing traffic" is not "necessary"?

What would be a necessity?

There really isnt any other than emergency or if the road was incorrectly laid out.