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Car Accident - Going Court
Comments
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As per comments above, read the highway code. You signalled to pull in and slowed (guessing you braked?) then changed your mind without warning (beyond cancelling the signal) and carried on causing the guy behind to panic and crash.
Rule 161
Mirrors- use them in good time before you signal or change direction or speed
- be aware that mirrors do not cover all areas and there will be blind spots. You will need to look round and check.
Being overtaken. If a driver is trying to overtake you, maintain a steady course and speed, slowing down if necessary to let the vehicle pass. Never obstruct drivers who wish to pass. Speeding up or driving unpredictably while someone is overtaking you is dangerous.
Rule 103 in full
Hi Thanks for your reply and for being so helpful. I just checked the highway code and it states that no overtaking should take place next to junctions and also pedestrian crossings (not zebra crossings).
Where he tried to overtake me, there was a junction right ahead and also a pedestrian crossing literally 15 yards away if not less - could i use this to defend my case? Furthermore, if I have signaled to turn however, there is no parking space and i cancel my signal, how does it affect other road users? Should they respect the distance and not overtake next to a junction and a pedestrian crossing too? Thanks guys.0 -
The junction and the crossing are not relevant. You seem to be looking for any angle to absolve yourself of any blame.
As other posters have said, you need to leave this to your insurance company.0 -
Have to say from your own description you are most at fault here....sorry.0
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As an ex-biker who once went over the bonnet of a car that turned without indicating as I attempted to overtake (so I have some sympathy with the biker in this case) I think you'll be very fortunate to get 50/50 out of this, and full fault with you is more likely.0
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Hi Thanks for your reply and for being so helpful. I just checked the highway code and it states that no overtaking should take place next to junctions and also pedestrian crossings (not zebra crossings).
Where he tried to overtake me, there was a junction right ahead and also a pedestrian crossing literally 15 yards away if not less - could i use this to defend my case? Furthermore, if I have signaled to turn however, there is no parking space and i cancel my signal, how does it affect other road users? Should they respect the distance and not overtake next to a junction and a pedestrian crossing too? Thanks guys.
He wasn't overtaking, he was passing a car that was slowing and indicating to pull in, he was not the most sensible rider so will probably get some % against him but it doesn't change the fact you signalled to pull in and slowed and then pulled away without indicating and without checking your mirrors, hence why you'll probably end up with a greater % of fault. Lot will come down to evidence and witnesses as what you describe is not necessarily what other people sawSam 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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He wasn't overtaking, he was passing a car that was slowing and indicating to pull in, he was not the most sensible rider so will probably get some % against him but it doesn't change the fact you signalled to pull in and slowed and then pulled away without indicating and without checking your mirrors, hence why you'll probably end up with a greater % of fault. Lot will come down to evidence and witnesses as what you describe is not necessarily what other people saw
During court can i bring new witnesses that I had not previously mentioned? I found a few people in a neighbouring shop which saw the accident. Thanks
I also think there is a misunderstanding, I signaled before I reached the parking space however I did not slow down much, I was still going around 25mph, the biker tried to overtake me as soon as i signaled thinking that I am going to turn straight away. However I signaled before reaching the parking space. However, before reaching the space I noticed that there is acutally no free parking so I stopped my indicators and began to drive at the same speed. The biker himself thought I am going to pull in (which I did not, my car didn't even turn or change in any direction - thus I didnt actually pull out, you can think of it more like someone who is driving at 25mph on a 30 whilst having their indicator turned on). He overtook me very close to a pedestrian crossing with an island in the middle, once the 125cc rider found out that I am not actually parking and I have turned my indicators off, he noticed he hasn't got enough room to overtake me so he panicked and pulled in again, causing him to slip, it was late at night and the roads where slippery in this case. As mentioned above the biker was tailgating me so I signalled way before reaching my desired position to let him know that I may be parking, however instead of slowing down himself he automatically exceeded the speed limit to try and overtake me causing him to fall over. The accident was again very close to a junction and also an island in the middle of the street. I have no witnesses and the other guy is a delivery driver so he will probably call the whole uber eats of north london to testify for him in court. The guy is very dodgy.0 -
You need to speak to your insurance if you have all these witnesses
Drip feeding information like this means the answers you will get are not always reliable, it would have been better to have put all this stuff in the first postSam 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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You need to speak to your insurance if you have all these witnesses
Drip feeding information like this means the answers you will get are not always reliable, it would have been better to have put all this stuff in the first post
You are right, thank you for the heads up. I am new to this forum and this is my first ever forum post on any website lol. I have spoken to my insurance and honestly, they are very aggressive towards me. They said "It's too late to bring new witnesses and we will not do that. It's up to us to decide what to do, if you have any complaints raise you can raise it to my manager." They have notified me 2 days prior to the deadline which is required by the other company about what we are going to do next. Everything has been left till the last minute by Aviva and I can not believe this. When I asked why, the insurer simply said, "I was on holiday.". It feels like they are pressuring me to accept guilt...0 -
A few subtle changes from your original post.....you need to get your story straight.0
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