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Car Accident - Going Court

124

Comments

  • BoGoF
    BoGoF Posts: 7,098 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Amirali26 wrote: »
    I would wait atleast 5/6 seconds before overtaking it or I would wait so the car is atleast stopped or is going like 5mph not 15-25mph, and if there is a junction ahead and the car is in the middle of the road, I wouldn't overtake the car at all. Would you do something different?

    So are you saying you may have been doing 15mph and not the 25mph you said earlier?

    There are so many inconsistencies in your replies that it is easy to see why your insurance company doesn't want to defend this.
  • BoGoF wrote: »
    So are you saying you may have been doing 15mph and not the 25mph you said earlier?

    There are so many inconsistencies in your replies that it is easy to see why your insurance company doesn't want to defend this.

    I didnt relate this back to my question. Im just giving boundaries and my insurance company does not want to deal with this due to the third party being a motorbike driver and them being "vulnerable" road users.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Amirali26 wrote: »
    I didnt relate this back to my question. Im just giving boundaries and my insurance company does not want to deal with this due to the third party being a motorbike driver and them being "vulnerable" road users.


    And you failed to take into account that vulnerability. Your story has so many twists and turns that I suspect you aren't even clear yourself now exactly what happened. Leave it to the insurer to deal with, and accept that your premiums will go up.
  • Nasqueron
    Nasqueron Posts: 11,085 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Amirali26 wrote: »
    As far as I know you need to leave atleast one cars length when overtaking.


    Where does this come from? Highway code 163 just says "you should not get too close to the vehicle you intent to overtake". There is no definition of the gap


    Amirali26 wrote: »
    He was within touching distance. And how much more do I have to slow down to let him through? Could this not be a hazard to the cars behind me if i suddenly slow down to let and aggressive motorcyclist through?

    Thanks,

    Amir


    The intention is that you just ease off (not brake) to let them in, particularly if traffic is coming the other way for their safety.

    Sam 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.

  • Amirali26
    Amirali26 Posts: 23 Forumite
    Nasqueron wrote: »
    Where does this come from? Highway code 163 just says "you should not get too close to the vehicle you intent to overtake". There is no definition of the gap






    The intention is that you just ease off (not brake) to let them in, particularly if traffic is coming the other way for their safety.

    He fell over behind my car. He tried to simply overtake me but he lost control of his bike as he was tailgating me and tried to swerve around my car..
  • BoGoF
    BoGoF Posts: 7,098 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Amirali26 wrote: »
    He fell over behind my car. He tried to simply overtake me but he lost control of his bike as he was tailgating me and tried to swerve around my car..

    Yet another slight twist in your story. You're just making this up as you go along depending on the question asked.
  • Amirali26
    Amirali26 Posts: 23 Forumite
    BoGoF wrote: »
    Yet another slight twist in your story. You're just making this up as you go along depending on the question asked.

    Maybe Im just not explaining it properly or your an uber eats driver, or both :)
  • Nasqueron
    Nasqueron Posts: 11,085 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Amirali26 wrote: »
    He fell over behind my car. He tried to simply overtake me but he lost control of his bike as he was tailgating me and tried to swerve around my car..


    I'm not disputing what you say happened, I'm just pointing out what the highway code says so you don't try and use it in your case incorrectly.

    Sam 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.

  • Amirali26
    Amirali26 Posts: 23 Forumite
    Nasqueron wrote: »
    I'm not disputing what you say happened, I'm just pointing out what the highway code says so you don't try and use it in your case incorrectly.

    Thanks for the reply mate.

    Yes I got that indeed, I appreciate the heads up and I will not use it :)

    Thanks again :)
  • Amirali26
    Amirali26 Posts: 23 Forumite
    edited 9 January 2019 at 1:26PM
    Hi all,

    A quick update. My insurance company has now accepted to take guilt and pay the other parties insurance even though we do not know what evidence and if they have any witnesses. My insurance also stated that there is no point for me to bring new witnesses as it's too late in the stage (even though I was notified 2 days ago) regarding the update on the claim.

    They have now raised the issue with their complaints team and they said if i win they will be able to give my no claims back. I am also able to bring new witnesses for them. Regarding me changing my story this is the statement below:

    As I approached the supermarket, saw that there appeared to be a parking space (located along the nearside of the road outside the front of the supermarket) so I started to gently slowdown from around 30mph to around 25mph. At this point I noticed in my rear view mirror that there as a scooter travelling directly behind me I can confirm that I now know that this scooter was a Honda CBF 125 (GU60UY). I put my left hand indicator on. I would estimate that when I put my left hand indicator on I was about two car lengths from the parking space.
    15 I can confirm that at no stage whilst I was indicating left did I alter my travel course and I continued straight along the nearside carriageway.
    16 I would like to mention that the scooter tail gated my vehicle along the nearside carriageway as I approached the parking space.
    17 As I approached the parking space I saw that there was insufficient space for me to park, so I then turned off my indicator and continued to drive straight along the nearside carriageway. I would estimate that I had travelled about ½ cars length, I saw in my rear mirror that the scooter was still tailgating my vehicle and that the scooter was not keeping his distance.
    21 All of a sudden I heard a loud bang and I looked in my rear view mirror and I saw the scooter and its rider laying on the road.
    22 I believe that the scooter rider tried to overtake my vehicle, but as it tried to do so the scooter rider lost control of the scooter.

    I can bring 4 other witnesses to support my case. And this is what i said in the statement for all of you saying that my story has been changing, hope this helps :)

    There was also a junction and an island very close to the place which the accident took place, which could have also provoked the rider. And also the road surface on the road is very bad and includes many potholes. I can provide evidence for these too.

    Could someone please kindly tell me how I could use these points to defend my case. Thanks you so much

    Many Thanks
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