Car pulled out and hit ... no mot

Manxman_in_exile

Dj199781 said:

Legally they must give me name address ect only time they dont have to give insurance details is when there is no injuries... which there was and is why I was able to obtain insurer of vehicle from mib

And emerging from a parked position it is not down to me to make sure it is safe for them to pull out whilst not signalling and giving no warning I had about 3 meters to stop at 30

If somebody was injured why didn't you mention that in your original post rather than wait until your fifth post?

(Or do you mean that there weren't any injuries?  Your posts aren't easy to follow)

Dj199781

I think by the way they pulled out it was the kind of optimistic driver that just gunned it out the space and hoped for the best I did react and brake but the distance was too short had they signalled before moving I could have anticipated it prior but no such signal occurred the damage to mine is scuffs and wing damage and theirs is a dented in door 

AdrianC

Dj199781 said:

I think by the way they pulled out it was the kind of optimistic driver that just gunned it out the space and hoped for the best I did react and brake but the distance was too short had they signalled before moving I could have anticipated it prior but no such signal occurred the damage to mine is scuffs and wing damage and theirs is a dented in door 

So they got far enough out of the space that you hit their door...?

Dj199781

Yes

greyteam1959

Who was injured & in which vehicle ??

Dj199781

Its come to light their osf mirror glass is completely smashed which no doubt contributed and myself in my vehicle 

DiddyDavies

Dj199781 said:

Unbiased views is what im here for not highway code quotes as the highway code also states that when entering a road you should not move until safe to do so while checking any necessary mirrors and or blind spot and signalling if required which other driver clearly did not do 

Without any independent witnesses or dashcam footage, I can't see it going any way other than 50/50.
You say the other driver pulled out in front of you, they say they didn't and that they were already on the road and you simply failed to stop in time.
Doing the maximum permitted speed  whilst driving down the middle of a road with parked vehicles on both sides wasn't a wise thing to do and if you were travelling at a more sensible speed, you may well have had plenty of time to stop or avoid the other car. 

Would you drive at 70mph on a foggy motorway in icy conditions?
If not, why not? After all, unless there was a restricted limit because of the weather then isn't it perfectly safe to drive at that speed?

Dj199781

Yeah only my passenger and hers so will be both he said she said 
As stated the distance she gave me and the speed at which she emerged no chance at even half the speed 
I'll accept whatever comes at the end of the day but I think there is going to be issues regarding the roadworthiness of her car thats not had an mot for nearly 3 years and hasn't got a functional mirror in the location she would have needed to ensure safe exit from parked position

AdrianC

Dj199781 said:

As stated the distance she gave me and the speed at which she emerged no chance at even half the speed

So you say... but you didn't just clip the front corner, you hit them in the door.

but I think there is going to be issues regarding the roadworthiness of her car thats not had an mot for nearly 3 years

You said initially 19 months.

and hasn't got a functional mirror in the location she would have needed to ensure safe exit from parked position

Or did it get broken when you hit their door?

An over-the-shoulder look is basic common sense, even WITH a mirror, though.

Dj199781

I get that and no there's old tape ect round it its filthy it was already damaged and yes common sense would state check the blind spot but here we are 
Apologies meant to say nearly 2 
As she continued to try to pull out while I was braking is the reason I hit the door I agree it will probably go 50/50 purely due to lack of evidence but just a reason to get a dashcam as if I had one and you saw what I saw you'd soon agree