Son had accident - not his fault but other party saying it was....

AdrianC

Indeed. BUT... The OP's son could have easily made sure he wasn't partially alongside the other car at what could easily be a confusing lane-change.

bigjl

AdrianC wrote: »

Indeed. BUT... The OP's son could have easily made sure he wasn't partially alongside the other car at what could easily be a confusing lane-change.

People need to have a certain level of ability.

If the person the drive into the side of the OP's sons car couldn't tell that the road was effectively a contra flow then they were not paying attention.

What you suggest is akin to blaming somebody driving down the motorway, when the road bends to the left and the driver to the left goes straight on, leaving their lane.

Everybody is alongside somebody at some point.

What would you suggest in slowish moving traffic?

AdrianC

bigjl wrote: »

What would you suggest in slowish moving traffic?

There's no mention of slow-moving traffic in the OP, but there is mention of "significant" damage. That's unlikely in nose-to-tail.

Unless it's nose-to-tail, there's gaps of at least a car length. Just make sure you're next to that gap. Easily done, merely by being aware of potential hazards and your surroundings.

londonTiger

it's 50-50 unless there is compelling video evidence from a side and rear view dashcam that cam prove the other part sped up.

Drivers need to ensure they are no side by side with each othe rlong before you are forced to merge. As soon I see the merge arrow I slow down and ensure that I do not have a car to the side of me where I need to merge. Occasionally there are dicks who will speed up and close the gap to block you out. But in most cases if you drop back to tuck in behind the car beside you then the car behind will give way by virtue of the fact that you were in front.

These instances it's too much of he said, she said and insurance will do 50-50 so you're both effectivtly at blame. Which isn't hugely unfair if you ask me because technically it's both parties responsibility to ensure the merge happens safely and not 1 parties sole responsibility.

motorguy

londonTiger wrote: »

it's 50-50 unless there is compelling video evidence from a side and rear view dashcam that cam prove the other part sped up.

Drivers need to ensure they are no side by side with each othe rlong before you are forced to merge. As soon I see the merge arrow I slow down and ensure that I do not have a car to the side of me where I need to merge. Occasionally there are dicks who will speed up and close the gap to block you out. But in most cases if you drop back to tuck in behind the car beside you then the car behind will give way by virtue of the fact that you were in front.

These instances it's too much of he said, she said and insurance will do 50-50 so you're both effectivtly at blame. Which isn't hugely unfair if you ask me because technically it's both parties responsibility to ensure the merge happens safely and not 1 parties sole responsibility.

it was NOT a merge.

Please re-read the original post and look at the subsequent picture posted.

motorguy

AdrianC wrote: »

Indeed. BUT... The OP's son could have easily made sure he wasn't partially alongside the other car at what could easily be a confusing lane-change.

In city traffic?

Really?

You make sure that, for example every corner you go round or swerve in the road you arent alongside *any* other car?

AdrianC

motorguy wrote: »

In city traffic?

Really?

Yes.

You make sure that, for example every corner you go round or swerve in the road you arent alongside *any* other car?

Damn right I minimise the amount of time I spend sat overlapping other people, wherever possible. If I must be, then I make sure I'm in their eye-line, rather than their blind spot - although that didn't help in the OP's case.

The very fact you find the concept hard to grasp speaks volumes about your situational awareness.

motorguy

Ok, an update after the meeting with my son and his solicitor.

Solicitor says its 100% other partys fault based on photographic evidence, description of event and where the other party hit my sons car (trailing edge of wing and passenger door).

He has proposed he write back to her insurance stating that if they dont accept responsibility with 14 days he will proceed with court action.

Potential outcome if it goes to court :-
100% other party = result! and most likely outcome, according to the solicitor
50/50 - no worse than current, minimal costs
100% sons fault - very unlikely, but he would have to pay their costs, approx £5,000 ish.

So at this stage hes running with firm letter back to her insurance company hoping they accept responsibility and that be the end of it.

If not, then a decision will have to be made as to whether to progress to court action.

motorguy

AdrianC wrote: »

Yes.



Damn right I minimise the amount of time I spend sat overlapping other people, wherever possible. If I must be, then I make sure I'm in their eye-line, rather than their blind spot - although that didn't help in the OP's case.

The very fact you find the concept hard to grasp speaks volumes about your situational awareness.

I bet you're a barrel full of laughs to be behind in rush hour city traffic. :rolleyes:

Whilst what you are saying may well be good practice it is certainly not a basis for suggesting my son is in any way at fault for someone else changing lanes and driving in to the side of him.

bigjl

AdrianC wrote: »

There's no mention of slow-moving traffic in the OP, but there is mention of "significant" damage. That's unlikely in nose-to-tail.

Unless it's nose-to-tail, there's gaps of at least a car length. Just make sure you're next to that gap. Easily done, merely by being aware of potential hazards and your surroundings.

Two cars doing 25mph, one drives into the side of the other at an angle can damage the entire side of both cars.

A car with damage to three or four panels would considered to have significant damage.

Which is not the same as structural damage which might occur in a high speed collision.

A car can easily be declared a write off due to panel damage all down one side.