Minor Car Accident : Who was at fault?

Grumpy_chap

aogra said:

Grumpy_chap said:

Seems there was no collision involving car a.

That is correct, no collision between cars - but Car B claims that he scratched his front alloy by hitting the curb while trying to "avoid" the collision.

If I was driver of Car A, I'd ignore all contact from driver of Car B.  They are free to pursue via insurance if they wish - at which point the driver of Car A will provide the dashcam evidence that there was no collision and the insurer will (should) reject any claim.  There is not even evidence that the Car B actually scrapped alloys on the kerb at that time, nor that the alloys were not previously damaged.

Driver of Car B may try to involve the Police to pursue driver of Car A for failing to stop, but driver of Car A would then simply provide the dashcam evidence that they did not fail to stop at the scene of the collision as there was no collision.

I can't believe that driver of Car B has actually gone to insurance for such a small and every-day occurence.

Belenus

aogra said:

https://youtu.be/vE3EiwW9sxg

Are those flashing lights on Car B normal?

jimjames

aogra said:

Totally agree, and many thanks for your insight, very much appreciated. I would be happy with a 50/50 outcome, sounds fair under the circumstances. It's a small claim, likely to be under £200 for the total cost so insurance companies probably not caring too much about it, i.e. their time is probably worth more than that. Was just interested from a theoretical point of view on where fault would lie, might as well learn something new from this experience

For that sort of amount surely the excess will take up most of the cost so the insurance payout amount will be tiny but far more significant impact to the premiums in future.

MikeWhite

Grumpy_chap said:

Driver of Car B may try to involve the Police to pursue driver of Car A for failing to stop, but driver of Car A would then simply provide the dashcam evidence that they did not fail to stop at the scene of the collision as there was no collision.

I agree it seems trivial, however I though the requirement was to stop at the scene af an *accident*, not a collision.

Grumpy_chap

MikeWhite said:

Grumpy_chap said:

Driver of Car B may try to involve the Police to pursue driver of Car A for failing to stop, but driver of Car A would then simply provide the dashcam evidence that they did not fail to stop at the scene of the collision as there was no collision.

I agree it seems trivial, however I though the requirement was to stop at the scene af an *accident*, not a collision.

I suspect the driver of Car A was not aware there had been an accident until later - only stopping because of the odd behaviour of Car B flashing headlights.  No accident for Car A to have actually stopped at.

It is not necessary for every driver passing an accident in which they were not involved to stop and exchange details - just think of the chaos that would cause following any accident on any main road.

8871Jlw

There doesn’t need to be a collision to show negligence, from Car Bs point of view, Car A has caused car B to take evasive action and the damage occurred as a result.  Mirrors should have been checked when Car A looked to move back into the left lane, from viewing the footage I’m leaning more toward Car B winning the argument!   Can’t imagine the damage is very much though? 

I once dealt with a claim outside of Celtics football stadium on a match day vs Rangers, where an angry Rangers fan apparently being aggressive with his van, revving and trying to bully his way through, apparently causing a Celtic fan to panic and drive into oncoming traffic.  It went to court and it went in favour of the Celtic fan! 

Good luck with it though! 

Car_54

Grumpy_chap said:

aogra said:

Grumpy_chap said:

Seems there was no collision involving car a.

That is correct, no collision between cars - but Car B claims that he scratched his front alloy by hitting the curb while trying to "avoid" the collision.

If I was driver of Car A, I'd ignore all contact from driver of Car B.  They are free to pursue via insurance if they wish - at which point the driver of Car A will provide the dashcam evidence that there was no collision and the insurer will (should) reject any claim.  There is not even evidence that the Car B actually scrapped alloys on the kerb at that time, nor that the alloys were not previously damaged.

Driver of Car B may try to involve the Police to pursue driver of Car A for failing to stop, but driver of Car A would then simply provide the dashcam evidence that they did not fail to stop at the scene of the collision as there was no collision.

I can't believe that driver of Car B has actually gone to insurance for such a small and every-day occurence.

1. Ignoring driver B would be unwise. A's insurance contract most likely obliges him to report any such contact.

2. The offence of failing to stop applies to accidents, not collisions. The relevant definition of an accident does not require contact.

oldagetraveller1

I think you both need a refresher on your driving behaviour.

You - wandering all over the road. The other - well, just being a pilchard.

NBLondon

I'm with grumpy...   B effectively attempted to overtake on the left before it was safe to do so; assuming that A was moving completely to Lane 2 and not waiting for A to complete that manoeuvre.  If (for the sake or argument) A was avoiding an obstruction in the road they would naturally return to the lane they were in.

If the damage to B's wheels was caused in that incident (not necessarily provable) it was as a result of B swerving instead of braking in a controlled manner.

Norman_Castle

It looked to me you left the lane then changed your mind due to the car ahead turning right. I'd blame you.