Who's really at fault?

DoaM

And if it was December 2016 I'd be concerned about the time taken to settle the claim ... but less than 3 months? Pah! The process has only just started.

Navigator123

And people ask me why I have a dash cam?

uknick

MalonsMilk wrote: »

I feel like Im going crazy as I feel that if I was on a dual carriageway and he veered in front of me, would he still be able to claim that I was partially responsible? I feel like I cant overtake anyone now out of fear that they nay just decide to turn in front of me and I get caught out again. Help!

But, you weren't on a dual carriage way. Even then, I always thought the onus is on the overtaking car to make sure the overtake is safe.

Out of interest roughly how long did it take from starting the overtake to being hit? And how far back from him were you when you started the outmaneuver? And, finally, did you exceed 40 mph during the overtake?

martinsurrey

uknick wrote: »

I always thought the onus is on the overtaking car to make sure the overtake is safe.

It is, and it was, the OP did not hit anything that was in his lane, the car he was overtaking moved out of its lane without checking it was clear to do so.

am I the only one who remembers "mirror signal manoeuvre"

OP did that, the car that hit him did "... ... manoeuvre"

IamNotAllowedToUseMyName

Shoulder checks are good too! (aka lifesaver).

yellow218

IanMSpencer wrote: »

Shoulder checks are good too! (aka lifesaver).

Someone's a biker! :beer:
I agree, everyone who uses the road should be checking their blindspot everytime they move. Having just learnt to ride, I realise how much forgot to do so when in the car. Now that i ride, lifesavers (even in the car) are second nature.

uknick

martinsurrey wrote: »

It is, and it was, the OP did not hit anything that was in his lane, the car he was overtaking moved out of its lane without checking it was clear to do so.

am I the only one who remembers "mirror signal manoeuvre"

OP did that, the car that hit him did "... ... manoeuvre"

I don't disagree with any of that.

I was asking the OP so we could find out at what point they decided to overtake and from how far back. If they started their overtake from some way back the other car has no excuse to suddenly turn right.

However, if the OP suddenly pulled out from just behind the other car the other party might not have had time to correct their turn manoeuvre. This doesn't mean they're blameless, but I can see how the insurance company may wish to go 50/50.

But like all these incidents, as we weren't there we'll never really know the true version of events.

Mercdriver

yellow218 wrote: »

Someone's a biker! :beer:
I agree, everyone who uses the road should be checking their blindspot everytime they move. Having just learnt to ride, I realise how much forgot to do so when in the car. Now that i ride, lifesavers (even in the car) are second nature.

Indeed, and you'd fail the driving test if you didn't do the over the shoulder blind spot test...

Retrogamer

I'd be wanting the other driver to be held fully liable.

If they indicated you would have been able to see they were turning and you could have held off.

If they checked their mirrors before making a maneuver like that (as anyone who drives sensibly / safe would) they would have seen you and could have turned after you completed the overtake.

That's quite negligent on their part. It seems you're being punished for not being psychic.

Naf

yellow218 wrote: »

Someone's a biker! :beer:
I agree, everyone who uses the road should be checking their blindspot everytime they move. Having just learnt to ride, I realise how much forgot to do so when in the car. Now that i ride, lifesavers (even in the car) are second nature.

I discovered that an overtaking Fiat 500 fits perfectly into my blind spot. I take so much extra time to check and double check even when I pull out to overtake on the motorway. I rarely overtake on anything smaller than a dual carriageway.