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Opinions on arguements for fault

24

Comments

  • loskie
    loskie Posts: 1,761 Forumite
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    Dont flash the other driver may incorrectly see it as an invitation to pull out. I would have blasted the horn when they started pulling out but not as any other signal.

    OP : If you signalled your intention to overtake then I am of the opinion that you did nothing wrong.
  • DUTR
    DUTR Posts: 12,958 Forumite
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    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.

    Very true, A collegue recently got rear ended by a vehicle that was travelling along a bus lane, their car is beyond economical repair, however strangely when she was describing the incident to the insurers, it now looks like the colleague is going to take the hit for it.
    They could have simply stuck with the facts, eg they were making a left turn when the other car collided . However they were dwelling on how the other car was going very fast along the bus lane (so they were well aware of the other vehicle's presence. Yes there was cctv for the bus lane but not enough evidence on there to submit towards a claim.
  • comeandgo
    comeandgo Posts: 5,930 Forumite
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    You only overtake when safe to do so, it was safe for you but not for the other car, I don't think you are in any way at fault.
  • Iceweasel
    Iceweasel Posts: 4,887 Forumite
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    Problem is that in the UK many folks think that the horn is for issuing a rebuke to some one who has done something you don't like.

    We also seem to have a culture that makes folks think that if they are the first in the queue behind a slow tractor/bus/truck they have the right to be first to overtake.

    Lot's of people - not always with low-powered cars seem to need an airport runway length of clear road to overtake.

    When I pull out to overtake I always signal and give a good blast of the horn followed by a flash of the headlights.

    I couldn't care less if they mistakenly think I'm being aggressive or bullying - I'm simply being extra safe.
  • DUTR
    DUTR Posts: 12,958 Forumite
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    Iceweasel wrote: »
    Problem is that in the UK many folks think that the horn is for issuing a rebuke to some one who has done something you don't like.

    We also seem to have a culture that makes folks think that if they are the first in the queue behind a slow tractor/bus/truck they have the right to be first to overtake.

    Lot's of people - not always with low-powered cars seem to need an airport runway length of clear road to overtake.

    When I pull out to overtake I always signal and give a good blast of the horn followed by a flash of the headlights.

    I couldn't care less if they mistakenly think I'm being aggressive or bullying - I'm simply being extra safe.

    It does depend on how you sound the horn, a little pap, usually along press suggests anger .
  • marleyboy
    marleyboy Posts: 16,698 Forumite
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    I was taught to always check my blind spot before pulling out, being in a drivers blindspot is no defence, as a quick peep over your shoulder confirms whether it is safe to pull out to the next lane.
    :A:dance:1+1+1=1:dance::A
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  • DUTR wrote: »
    Very true, A collegue recently got rear ended by a vehicle that was travelling along a bus lane, their car is beyond economical repair, however strangely when she was describing the incident to the insurers, it now looks like the colleague is going to take the hit for it.
    They could have simply stuck with the facts, eg they were making a left turn when the other car collided . However they were dwelling on how the other car was going very fast along the bus lane (so they were well aware of the other vehicle's presence. Yes there was cctv for the bus lane but not enough evidence on there to submit towards a claim.
    if your colleague was making a left turn and got hit by someone who was in left lane already then it was always going to be your colleague's fault. It does not really matter if they were driving in bus lane when they should not be. It could have been bus or taxi who are allowed to use that lane.
  • =rizla=
    =rizla= Posts: 220 Forumite
    A few years ago I came to a crash site a couple of minutes after the event, a very similar crash you yours, but in this case and using your details, your car ended up in the offside ditch and the 'fiesta' rolled and ended up in the nearside ditch with the driver trapped till the FB did their thing (all ok with no major injuries), as it happens I met 'your' wife a few months later and asked her what was the outcome, she said the fiesta's driver was to blame insurance wise and was also done for due care and attention by the police.


    As a biker who will always come off worse in these situations I always try to let the other car know what I am going to do/let them know I am there, its nice to be right, but not so much to be dead right!!
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    afzaal1988 wrote: »
    if your colleague was making a left turn and got hit by someone who was in left lane already then it was always going to be your colleague's fault. It does not really matter if they were driving in bus lane when they should not be. It could have been bus or taxi who are allowed to use that lane.

    That is a topic for another thread, the case is still ongoing at present, I use the same stretch of road when I go to the office.
    It wasn't a case of the colleague had cut the path of the oncoming vehicle, however it is not you or I involved and the insurers will have to debate amongst themselves .
  • arcon5
    arcon5 Posts: 14,099 Forumite
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    Fiesta driver is an idiot.

    In her blind spot isn't an excuse! It translate to I didn't check it was safe before performing a maneuver.

    IMO you are not at fault, in any way. You overtook a vehicle when safe to do so and was the victim of somebody not looking properly.
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