Collision while being overtaken

Cornucopia

AdrianC wrote: »

Your fault. 100%.

Could be... depends on the exact circumstances.

- How close was the overtaking vehicle? Was the distance between the vehicles within the OP's "wobble room" - say less than 18 inches.

- Was the overtaking location such that no reasonably competent driver would overtake there therefore reducing the OP's anticipation of it happening?

All the same, poor observation, though I suspect that being overtaken unawares will have happened to many drivers.

tain

If you didn't get photos of his car and yours, plus the pothole, directly after the incident, then you're going to seriously struggle to get any kind of favour on the claim other than 50/50. Best case scenario in fact.

It's entirely right that he said he wasn't to blame, even if you thought he was. You should never admit fault at the roadside.

AdrianC

Cornucopia wrote: »

Could be... depends on the exact circumstances.

- How close was the overtaking vehicle? Was the distance between the vehicles within the OP's "wobble room" - say less than 18 inches.

Irrelevant. The overtaking manouvre did not cause the impact. The OP could have braked to allow the overtaking car past before swerving round the pothole.

- Was the overtaking location such that no reasonably competent driver would overtake there therefore reducing the OP's anticipation of it happening?

Irrelevant. The overtaking car was far enough alongside the OP to damage "every single panel" on the driver's side. It was not corner-to-corner from behind the OP.

All the same, poor observation, though I suspect that being overtaken unawares will have happened to many drivers.

Yes, lots of drivers observe badly.


Of course, this always presupposes there really was a pothole, and not just the OP trying to punish the other driver for daring to overtake...


Recently I had a very close call while overtaking on a lane (there aren't many other kinds of roads here in western Herefordshire). Straight, plenty of width (yet no centre markings, which is what I suspect the OP refers to as "single-lane"), excellent visibility - yet the car I was passing suddenly decided to pull into a parking place on the right without indicating, as my front bumper was alongside their rear door. I was fortunate enough and reacted quickly enough that I could brake and avoid them (just), but I bet they swore blind it was all my fault...

tsharp12

So much to reply to.

Yes what I refer to as a single track road is a country lane with no markings only wide enough for 2 cars if someone is driving in the dirt on one the verges - you have to slow to pass on these roads.

I was focusing on the corner ahead as if any traffic had come round I would had to have been ready to react, which I why I knew it was safe to avoid the pot-hole. I didn’t move more than about a foot to avoid the hole, it’s not like I darted into the center of the road or anything.

When the initial collision happened his bonnet was just inline with my rear door, I braked, he did not (or not as fast) so the entire length of his car scraped down the length of my car.

I have just managed to get the dash cam footage from my car and I think will go in my favour, although it doesn’t show the collision, it clearly shows my ‘manouver’ was very slight, so slight you can’t even really see it, then you can hear the bang, scrape and then his car going passed in a cloud of dirt from the verge and stopping infront of me.

In an interesting development, he has just text me to say he doesn’t want it to go through insurance and asked me to get a quote for my repair, he will get one for his and we should “split the difference”.

Anyway the point of this thread wasn’t to discuss blame (I didn’t ask for anyone’s opinion on that). It was to ask if there are any precautions/advice people would recommend when you are making a ‘non-fault’ claim that could end up as a 50/50.

AdrianC

tsharp12 wrote: »

I have just managed to get the dash cam footage from my car

<waits patiently for link>

Anyway the point of this thread wasn't to discuss blame (I didn't ask for anyone's opinion on that). It was to ask if there are any precautions/advice people would recommend when you are making a "non-fault"; claim that could end up as a 50/50.

No claim is "non-fault" until the insurers agree that it's 100% the other driver's fault.

And, in this case, that's not going to happen.

tain

tsharp12 wrote: »

Anyway the point of this thread wasn!!!8217;t to discuss blame (I didn!!!8217;t ask for anyone!!!8217;s opinion on that). It was to ask if there are any precautions/advice people would recommend when you are making a !!!8216;non-fault!!!8217; claim that could end up as a 50/50.

All too late for any advice unfortunately. The best advice would be to get photos or a video of the entire scene with both cars stationary, photos of the debris, photos of the pothole and even measurements if possible.

Hopefully your dash cam will be enough to help your claim if you do indeed pursue insurance, as little else now will help. I would very very cautious about doing this though, as it would almost certainly come back with you being liable for at least a portion of the claim. Even if they think you were only 5% liable, that's still an insured liability.

pinkshoes

The other driver made a dangerous manoeuvre.

As you were coming up to a bend on a narrow road, you would not be expected to check for idiots deciding to overtake.

As you have a dashcam, this will show your position near the bend and the only slight movement you made, so hopefully showing the blame being 100 the other driver.

I would respond to the text stating you have already contacted your insurance, and as the accident as not your fault then you wish to proceed through the insurer.

Aylesbury_Duck

You have already notified your insurance so even if you agree with the other party not to make a claim, it will still be recorded on your policy as an accident which will probably raise your premiums. The same will happen to his insurance (if the details he gave you were correct), so if he thinks that by agreeing to pay for the damage privately he will avoid his insurer being involved, he's wrong.

Like some others, I'm certain this will end up with split liability. If your dashcam footage is as you describe (it would be helpful to post a link to it) then you're both partly responsible for the collision.

tsharp12

AdrianC wrote: »

<waits patiently for link>

What on earth makes you think you're ever going to get a link to it? As if your opinion matters to any of this, let alone enough to make me edit it and upload it for you.

Aylesbury_Duck

tsharp12 wrote: »

As if your opinion matters to any of this.

tsharp12 wrote: »

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

I thought opinions were exactly what you were seeking?