Collision while being overtaken

tsharp12

Hi,

This morning on the way to work I was driving down a single lane country road when a car started following me and driving really aggressively behind me. I tried to ignore it and just concentrate on the road ahead. The next bend in the road I swerved to avoid a pot-hole and to my complete surprise hit the other car WHO WAS ALONG SIDE ME TRYING TO OVERTAKE!!

We stopped and the driver was incredibly aggressive, accused me of trying to run him off the road. He wrote down his details and drove off, but I was shaken by his aggressiveness and in the heat of the moment I didn't note down his registration number. All I have is his name and insurer - which I really hope are not fake

He said it was 100% my fault and I would have to be paying for his car. I don't see how this is possible, but he was adamant he would be telling his insurance company this.

I have called my insurance company and told them what happened and they have processed it as a no-fault claim.

What happens now? How will they decide who's fault it was? There were no witnesses other than ourselves. My friend thinks my car will be declared a write-off as every panel on the drivers side is dented and damaged. If I accept my insurers offer of a rental car while mine is being assessed, but it comes down as a fault or 50/50 incident, will I have to pay?

Never been in this situation before. I am certain I did nothing wrong but the other driver has made me doubt myself

rocketrob5

50/50 - the best thing in those situations is to slow and let them pass

neilmcl

At the very least it's a 50/50 but it could be deemed your fault depending on how far you encroached the third party.

Cornucopia

tsharp12 wrote: »

If I accept my insurers offer of a rental car while mine is being assessed, but it comes down as a fault or 50/50 incident, will I have to pay?

You are right to be cautious about accepting a rental car, and should not do so if you do not need one. You won't have to pay for it, but it will inflate the cost of the claim overall and could lead to your insurance being more expensive than necessary in the future.

tsharp12

Really? So his decision to overtake on a single track road and on a bend won't make any difference? In my mind this is dangerous driving.

wgl2014

And you swerved into the side of his car after deciding to ignore him.

Objectively your driving (from your own description) sounds equally poor.

waamo

tsharp12 wrote: »

Really? So his decision to overtake on a single track road and on a bend won't make any difference? In my mind this is dangerous driving.

Did you report it to the police?

spadoosh

tsharp12 wrote: »

Really? So his decision to overtake on a single track road and on a bend won't make any difference? In my mind this is dangerous driving.

Probably is, so is moving in to the path of a vehicle without looking.

Your passing blame, the other drivers passing blame, and theres few witnesses. Can you see why this might go 50/50?

snnl

tsharp12 wrote: »

Really? So his decision to overtake on a single track road and on a bend won't make any difference? In my mind this is dangerous driving.

But thats why we are saying its 50/50.

He has the right to overtake, providing it is safe to do so (even if he was driving like a tw*t behind you). He probably saw an opportunity to shoot past, took it - not expecting you to swerve a pot-hole!

You swerving a pot hole like that wasn't the greatest idea on the road type (whats to say a car wasn't come round the bend?), you reacted to the situation and it has unfortunately cost you both.

So his bad time to overtake (corner) and bad time for you to serve a pot hole = 50/50

marlot

tsharp12 wrote: »

I tried to ignore it and just concentrate on the road ahead. The next bend in the road I swerved to avoid a pot-hole and to my complete surprise hit the other car WHO WAS ALONG SIDE ME TRYING TO OVERTAKE!!

You need to watch your mirrors more!! You knew he was there and keen to get past, so should have been especially aware of him. And not deviated from your course unless you know it was safe to do so.

Like other people, I expect the insurers will see this as 50:50.

AdrianC

How was he overtaking on a single-track lane...? If there's room for two cars side-by-side, then it's not single-track, by definition.

That apart, you weren't aware that he was overtaking, even though you knew he was there and should have been aware of it as a possibility. Basic failure of observation on your part. You made a manoeuvre that caused an impact with a vehicle you admit you'd failed to see.


The bend might be relevant if the impact was with an oncoming car. It wasn't...


Your fault. 100%.