Opinions on arguements for fault

MoneySavingWantTo

Hi all. Hoping some of you would be willing to pass comment on the possible arguements another party would have against me following an accident I had one morning last summer.

On my way to work (sunny dry morning), which is a nice drive along country roads, I caught up with a Ford Fiesta which was in turn following a tractor. I felt the Fiesta was making no attempts or sign of attempting an overtake so I pulled out to overtake the Fiesta and the tractor. As I was travelling on the opposite carriageway (clearly marked with broken white lines) I was side swiped by the fiesta. I was already alongside sufficient for the fiestas driver side front wheel to.impact my passenger side front wheel and her front wing scraped along most of my passenger side taking out the front and rear wings and door, wing mirrors hit and ripped off as I passed. I was still able to overtake both the Fiesta and tractor (it wasn't safe to pull in between fiesta and tractor) and pulled over. No one was hurt thankfully. The tractor driver refused to act as witness but made sure all parties ok and drove off before I could get the reg. The lady driver in the Fiesta approached shouting blaming me, said I was in her blind spot and that I shouldn't have overtaken. I know this is unlikely to be accepted as evidence but I informed my insurance provider anyway. As it happens another witness following the Fiesta stopped and swapped details also but didn't comment much at the scene.

The tractor was doing about 20mph and me 55 as I passed.

My car has been repaired, I paid no excess and I have received two letters from my insurer saying the other parties insurer had accepted full liability. Last week I received a third letter saying the same then two days later a four letter telling me the other side insurer was still undertaking its investigation. I presume other party has contested decision made by her insurer.

Can any advise of the likely outcome? I (maybe obviously) don't believe I am at fault but this doesn't seam to go away despite it being months ago. I knew the other driver would not drop it from the reaction she made at the scene but am I in the wrong? What can she say to blame me I was already alongside when she pulled out attempting to overtake the tractor herself.

Sorry for long post

Any thoughts or advice? Thank you

DUTR

Well the highway code, suggests only to overtake when it is safe to do so and to do so quickly.
Sounds like you have misjudged the overtaking , perhaps backed up with you felt that the Fiesta was not making enough progress for your liking.

The tractor driver was correct not to get involved as such.
It may go shared liability.

MoneySavingWantTo

Thanks for your prompt reply. Interesting. If I was already alongside when she decided to pull out, was it not safe for me to overtake when I started and also midway through the manoeuvre? The only thing that changed that was her pulling out into space on the road already occupied by me? Doesn't the highway code also say you should check your blind spot ( or words to that effect ) before you pull out? If she had she would have seen me and realised it was unsafe for her to overtake.

If it was motorway and I was passing and alongside would you think differently?

DUTR

MoneySavingWantTo wrote: »

Thanks for your prompt reply. Interesting. If I was already alongside when she decided to pull out, was it not safe for me to overtake when I started and also midway through the manoeuvre? The only thing that changed that was her pulling out into space on the road already occupied by me? Doesn't the highway code also say you should check your blind spot ( or words to that effect ) before you pull out? If she had she would have seen me and realised it was unsafe for her to overtake.

If it was motorway and I was passing and alongside would you think differently?

It's not a matter of what I think as such, you asked for an opinion, that said, if I'm overtaking someone, I do so quick as a 'flash' from what you describe, it sounds like the manouvre you were attempting was taking a good few seconds, did you not sound the horn as you passed?

Retrogamer

Sounds quite clear that you attempted a legal & (i presume) safe overtake that only became dangerous when the Fiesta pulled out.

They should have made sure that the road was clear before changing their lane. They failed to do so, and that makes them liable.

The other party are probably trying to look for ways not to pay your insurance, but i wouldn't worry.

MoneySavingWantTo

Yeah I know dutr I just think it's an interesting discussion to gain view points on. It doesn't really matter what I think really it is the insurers. In my opinion my mannoeuvre was being done quickly. As I say I was fully alongside when she pulled out and travelling much faster. In reality it was just bad luck. Split second either way and I would have been passed or if she had gone earlier I may have had chance to brake.

I dont understand why my insurer would waive excess and confirm other insurer has accepted liability to then Reopen later. At some point surely her insurer said it was their drivers fault.

Highway code doesn't mention need to flash or use horn when overtaking but know it mentions elsewhere to use to let someone know you are there. I think would be a long discussion for the forum with many views.

MoneySavingWantTo

Hi retrogamer. I believe it was safe. I presume her pulling out means she thought it was also on that stretch of road. (other than not checking her blind spot and seeing I was there). Its whether she can generate an arguement against me though. Frustrating!

DUTR

MoneySavingWantTo wrote: »

Yeah I know dutr I just think it's an interesting discussion to gain view points on. It doesn't really matter what I think really it is the insurers. In my opinion my mannoeuvre was being done quickly. As I say I was fully alongside when she pulled out and travelling much faster. In reality it was just bad luck. Split second either way and I would have been passed or if she had gone earlier I may have had chance to brake.

I dont understand why my insurer would waive excess and confirm other insurer has accepted liability to then Reopen later. At some point surely her insurer said it was their drivers fault.

Highway code doesn't mention need to flash or use horn when overtaking

Not when overtaking as such, but to sound the horn to alert others of your presence (when required) , sadly sometimes drivers can be in their own little world when behind the wheel.

Strider590

The other driver failed to check mirrors before changing lanes/overtaking, it's a clean cut case in your favour.

In your accident report make sure you mention the other driver failed to indicate and failed to check their mirrors before manoeuvring.

DO NOT fill your accident reports with a load of emotional BS, the other driver probably will.

MoneySavingWantTo

I have never thought I should flash or beep as I begin a pass but may consider it in future.

Spicy_McHaggis

Strider590 wrote: »

The other driver failed to check mirrors before changing lanes/overtaking, it's a clean cut case in your favour.

In your accident report make sure you mention the other driver failed to indicate and failed to check their mirrors before manoeuvring.

DO NOT fill your accident reports with a load of emotional BS, the other driver probably will.

Good advice, stick to the facts.

So why mention they didn't look in the mirrors? He doesn't know whether they did or didn't.