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Collision while being overtaken
Comments
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Not consistently. Theyve also said they were "coming up to a corner". Plus utter irrelevant, because there are plenty of minor corners where visibility is clear around the corner and off into the distance.
And your blind spot picture on the motorway. You should (dear lord i hope), be told to check over your shoulder in your driving lessons. Particularly on the motorway (as in your picture, i presume you wouldnt just sweve right to avoid a pothole in that situation) or, say, on a rural road when a driver behind who is clearly keen to overtake is no longer in your rearview?
Would we be in this situation if the pothole and corner were both extremely clear to everyone involved? You're ignoring facts to prove a point, and it's not helpful.
If you're checking over your shoulder when travelling at speed and a pothole comes out of the blue, then you're a very VERY dangerous driver. Or you're driving at 10mph on a 60mph road, which is just as dangerous.0 -
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.
its quite possible that they both did, therefore 50/50.
BUT the OP doesnt want opinions0 -
I dont think theres any possibility of this going 100% against OP.
Obviously thats based off OP's description so far but from what he said, he was approaching a bend on a narrow road. It was downright dangerous for the other driver to overtake when he did and I don't think OP swerving for a pothole will attribute him even 50% liability for 2 reasons.
1) As I just said, it was approaching a bend on a narrow road and would rely on OP following an exact path around the bend to avoid collision
2) The overriding responsibility to ensure an overtake is carried out safely remains with the driver doing the overtake. Its not for the driver being overtaken to ensure that an unsafe overtake be made safe. He failed to leave enough room, he overtook where visibility of the road ahead was restricted. Thats his "bad", not the OP's.
The other driver made a dangerous error that was still dangerous even without the OP swerving. The OP made a careless one that was (again going off OP's description so far) only dangerous because of the actions of the other driver.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Would we be in this situation if the pothole and corner were both extremely clear to everyone involved? You're ignoring facts to prove a point, and it's not helpful.
If you're checking over your shoulder when travelling at speed and a pothole comes out of the blue, then you're a very VERY dangerous driver. Or you're driving at 10mph on a 60mph road, which is just as dangerous.
So you're saying nobody should check over their shoulder when changing lanes on the motorway just in case a pothole materialises out of the sky? Your definition of a very VERY dangerous driver seems to be ignoring the facts.0 -
Simple test... If the OP had done nothing, just continued on the same path at the same speed, would contact have been made?unholyangel wrote: »I dont think theres any possibility of this going 100% against OP.
Obviously thats based off OP's description so far but from what he said, he was approaching a bend on a narrow road. It was downright dangerous for the other driver to overtake when he did and I don't think OP swerving for a pothole will attribute him even 50% liability for 2 reasons.
1) As I just said, it was approaching a bend on a narrow road and would rely on OP following an exact path around the bend to avoid collision
2) The overriding responsibility to ensure an overtake is carried out safely remains with the driver doing the overtake. Its not for the driver being overtaken to ensure that an unsafe overtake be made safe. He failed to leave enough room, he overtook where visibility of the road ahead was restricted. Thats his "bad", not the OP's.
The other driver made a dangerous error that was still dangerous even without the OP swerving. The OP made a careless one that was (again going off OP's description so far) only dangerous because of the actions of the other driver.
No.
The other car would have passed and continued on its way merrily.
Contact was ONLY made because the OP swerved whilst being overtaken. The OP did that because they were simply not aware that the car which had been behind them was now alongside them in what they tacitly admit was a very likely manoeuvre sooner or later. Why were they not aware? Because they were ignoring their mirrors. Why were they ignoring their mirrors? Because they were trying to ignore the other car because they felt it was driving dangerously.0 -
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.
I was inclined to side with the OP until I read this.
You can't come onto a forum and ask for people's advice and declare you have dashcam footage of the incident in question, only to then angrily berate someone and say you don't want their opinion.
If you're not prepared to share the footage, I suspect it's because the footage shows something you don't want people to see (like the fact you were driving aggressively/breaking the limit).
Or, of course, the footage simply doesn't exist.0 -
Simple test... If the OP had done nothing, just continued on the same path at the same speed, would contact have been made?
No.
The other car would have passed and continued on its way merrily.
Contact was ONLY made because the OP swerved whilst being overtaken. The OP did that because they were simply not aware that the car which had been behind them was now alongside them in what they tacitly admit was a very likely manoeuvre sooner or later. Why were they not aware? Because they were ignoring their mirrors. Why were they ignoring their mirrors? Because they were trying to ignore the other car because they felt it was driving dangerously.
Maybe there wasn't time to perform a perfect mirror, signal, mirror, manoeuvre whilst doing c.60mph and suddenly seeing a pothole.
I would argue the overtaker didn't leave enough room (assuming this seemingly innocent situation is true).0
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