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How to avoid 50/50 car Insurers settlement?
Comments
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IF (big if) the scenario is as he described, the car that hit him would have had to mount the pavement and drive along it, probably scraping along the fence to undertake him, it would be such a ludicrous move I can't believe it would have happened. The road is very narrow and a car could not realistically pass on the left so not looking in the mirror would be understandable.
I think it's more likely he was turning right and then changed his mind and turned left without looking as you suggest
Because there are the parts of the story, that are omitted from the original story, the OP seems to get into plenty of minor scrapes over a short time. The area concerned I wouldn't be surprised if there was an element of road rage and crash for cash.0 -
Undertaking cars is not illegal?
NOPE! Well, let me explain that. First of all, there is no such thing as "undertaking". According to the law it is "overtaking in the inside lane"
Second, it is not an absolute offence. What does that mean? It means that if you are travelling at 70mph on a dual carriage way / motorway and pass a car on the inside when they are travelling say 60mph you cannot be prosecuted for it.
It can only be tagged onto another offence, eg, you might get charged with "exceeding speed limit while overtaking on inside lane", but you will never, ever get charged with just "overtaking on inside lane" without some other offence being committed.
Believe me, I know this from experience a few years back. Even the courts agreed.
As for your 50/50 question, this is where you need a dash cam!0 -
NOPE! Well, let me explain that. First of all, there is no such thing as "undertaking". According to the law it is "overtaking in the inside lane"
Second, it is not an absolute offence. What does that mean? It means that if you are travelling at 70mph on a dual carriage way / motorway and pass a car on the inside when they are travelling say 60mph you cannot be prosecuted for it.
It can only be tagged onto another offence, eg, you might get charged with "exceeding speed limit while overtaking on inside lane", but you will never, ever get charged with just "overtaking on inside lane" without some other offence being committed.
Believe me, I know this from experience a few years back. Even the courts agreed.
As for your 50/50 question, this is where you need a dash cam!
You'll get done for driving without due care and attention for moving left to pass a vehicle and move back right but as you say, no such specific offence as undertaking.
However, in this scenario based on the road layout, if the car was turning left the car that hit him would have had to be on the pavement to do so. What is more likely is that he was turning right, changed his mind and went left without looking and at the time, a car had decided to pass him by going into the side road and sneaking past (probably went on the pavement either way)Sam Vimes' Boots Theory of Socioeconomic Unfairness:
People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.
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The street was dead on that day hardly no traffic.
No i wasn't stationery to turn right then suddenly changed my mind to turn left.
The 3rd party collided with my car while he was trying to undertake me meaning I wasn't stationery.
The latest update is I reported it to the police and got log number hoping they can get cctv. If they are too lazy to get cctv then what shall I do?
No way im accepting 50/50 liability for this.0 -
Ok from what we learnt from all this and for viewers reading this is to always call the police when you involved in a non fault road traffic accident so they can arrive at the scene and determine liability.
What got me thinking is that police never witness live road traffic accidents so whats the difference between calling them to the scene and reporting the incident after the accident in terms of liability?0 -
The police can send an accident investigation unit to the scene where they can look at skid marks etc, but they're only called for bigger incidents, not minor ones.
No CCTV, no witnesses and your word against his I would argue this as a 50/50 as well. Unfortunately you'll find it's a term and condition of your policy that your insurer can deal with the claim on the best terms for them.
If this was to go to court a judge would likely say it's a split liability as no one can prove what happened... unless you get that CCTV from the building.0 -
The police are not the ones to "determine liability"!Ok from what we learnt from all this and for viewers reading this is to always call the police when you involved in a non fault road traffic accident so they can arrive at the scene and determine liability.
What got me thinking is that police never witness live road traffic accidents so whats the difference between calling them to the scene and reporting the incident after the accident in terms of liability?
Liability is a civil matter.
You cannot expect the police to attend to determine liability for you - their responsibility is to deal with criminal matters.
So you should only call the police if you suspect a criminal offence has taken place!0 -
Ok how do i go about on getting CCTV from the building?0
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So the car tried to undertake you before you turned left.I was driving along and when I was about to turn left into a side Glover street the 3rd party tried to undertake me on the left on the side street but instead colliding with my car causing a crash.
So the car undertaking you was in Glover Street, the road you were turning left into.There is room because 3rd party car used the side glover street space to undertake.
So you were well into the junction before you attempted to turn left.Lucky I checked my left wing mirror and spotted the idiot before I was about to turn left otherwise it would have been a bigger mess.
You weren't in the middle of the road as it was so busy3rd party is falsely saying I was indicating right for a right turn and was driving in the middle of the road risking my life onto oncoming traffic as the lanes are narrow.
As I and many others have pointed out, your account is full of inconsistences. The other party's account is more plausible. If this goes to the Small Claims Court then it will be decided on the balance of probabilities. Access to CCTV may not help your cause.The street was dead on that day hardly no traffic.0 -
As you can see clearly on google maps that Glover Street is a tight left turn. If you still dont believe that then drive down and try the street for yourself.
If you were driving behind me and needed to get somewhere fast what can you legally do at a narrow lane such as this especially at a cross junction? You saying you allowed to overtake/undertake? For the sake of argument if i was turning right theres clearly no space for a undertake.0
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