Car accident dispute
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Droberts1973
Posts: 5 Forumite
Good Afternoon folks,
I've come to pick your brains,
In April, I was involved in an accident, at current I'm held responsible,
I was travelling through a 30mph build up area, the road had a steady bend to the left, a car has pulled out from an adjoining business from my right hand side crossing the opposite carriageway to get in front of me, I've only seen this car as he has entered my carriageway due to a stationary bin wagon blocking my view. While he has cut across a live lane he's narrowly missed being hit by a bus travelling towards him and proceeded to cross 2 solid white lines, and because of the said bus he wasn't able to see stationary traffic due to a car wanting to turn right and has had to anchor on almost immediately after getting his car on the carriageway, I have unfortunately not been able to stop in time and have collided with the rear of the vehicle, I had about 4 seconds from his coming into my scope to the incident,
I've had dashcam footage which I've presented yet my insurance company insist I'm to blame, with two factors being his car had entered my carriageway fully so was a "live obstacle of substance" and also I'd had plenty of time to stop, which was maybe 3-4 seconds. His car only fully on the carriageway for 2 seconds.
Is this worth per suing beyond my insurance complaints department
Many thanks,
I've come to pick your brains,
In April, I was involved in an accident, at current I'm held responsible,
I was travelling through a 30mph build up area, the road had a steady bend to the left, a car has pulled out from an adjoining business from my right hand side crossing the opposite carriageway to get in front of me, I've only seen this car as he has entered my carriageway due to a stationary bin wagon blocking my view. While he has cut across a live lane he's narrowly missed being hit by a bus travelling towards him and proceeded to cross 2 solid white lines, and because of the said bus he wasn't able to see stationary traffic due to a car wanting to turn right and has had to anchor on almost immediately after getting his car on the carriageway, I have unfortunately not been able to stop in time and have collided with the rear of the vehicle, I had about 4 seconds from his coming into my scope to the incident,
I've had dashcam footage which I've presented yet my insurance company insist I'm to blame, with two factors being his car had entered my carriageway fully so was a "live obstacle of substance" and also I'd had plenty of time to stop, which was maybe 3-4 seconds. His car only fully on the carriageway for 2 seconds.
Is this worth per suing beyond my insurance complaints department
Many thanks,
0
Comments
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4 seconds at 30 mph = 176 feet. Stopping distance at 30 mph is 75-120 feet depending on road conditions. Insurance company may have a point.0
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3-4 second sounds like plenty.
Why couldn't you stop in 3-4 seconds?
As an aside - did you slow down at all given that you say your view was blocked?0 -
Conditions we're fine, clear and dry, my speed at around the time was 28.
I did indeed come across those figures when trying to form a defence, but asked whether that was managed conditions or a live urban town area. They wouldn't commit.
He comes into dashcam view around 4 seconds before impact, my dashcam is on the nearside so would see him before I would. His whole vehicle was in my carriageway for round 2 seconds. I also questioned the crossing of 2 solid white lines in regard to the Highwaycode, I had no response.
Rule 29
Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10 mph (16 km/h) or less.
I always try to keep healthy gaps between me and traffic in front, minimum 4 seconds, that maybe comes from spending 45 hours a week behind the wheel of a HGV, perhaps preciously I feel violated if someone breaks that 4 second gap.
What I feel has come from this is the acceptance that should you be able to get your vehicle 100% into a carriageway it's seen as fair game. I'm struggling with that as I feel the bloke broke many more rules of driving than me, my only crime not being able to bring my car to a standstill quick enough.
I'm just pleased it wasn't in the HGV as he was quite a decent bloke and was on a day out with the kids, just been to car wash too,0 -
Droberts1973 wrote: », my dashcam is on the nearside so would see him before I would. ,
you said he came from your right, you saw him pull out, I don't get how you think the dashcam would see him first, he came from your side0 -
Lizzyloo
I was well within the speed limit and view of the road ahead was 100% clear. I would say the onus is on the other driver coming from an adjoining property to make sure his entry is safe,
My dashcam caught him at 4 seconds from a N/S position, I drive in a O/S position so he obviously come into my vision at a later time than 4 seconds, more like 2-3. More likely than not should I have been driving a left hooker, I would have stopped. This is the problem with the Insurance is that the dashcam is giving a unfair view.0 -
yes,
Their is a bin wagon stopped on the side of the road. so he comes directly from behind this bin wagon.
My Dashcam is at the passenger side, so is further to the left of the vehicle, giving a angle of vision behind the bin wagon,0 -
Your insurers have seen the dashcam footage and still think you are responsible ? They don't like paying out if they don't have to. If you want other opinions post the footage up on a hosting site and give a broken link to it.0
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I'm not sure I agree with you as. I think 2-3 seconds is enough including thinking time.I would say the onus is on the other driver coming from an adjoining property to make sure his entry is safe,
Some of us prefer to drive a bit defensively as we don't like the expense/hassle and health risks of accidents so would forsee there might be something emerging if our view was blocked and slow down in anticipation. Some of us feel there isn't any point being right from your coffin or hosital bed.
The advice would be to put in a complaint.
If you don't agree you can go to the ombudsman after 8 weeks or if you have had a deadlock letter before that time. I'd do it ASAP to get the clock ticking, but I'd agree with molerat that if your own insurer aren't backing you then it doesn't look good.
BTW - you can position (to a limited degree in a car) for a better view.0 -
Molerat, I'll have a look into doing that, I'm away with work for the week so have no access to the footage, but i'd be interested once people have seen the actual occurrings
I agree Lisyloo, I always try to keep on the side of caution, unfortunately, lady luck that day didn't stick with me. In all honesty my concentration was only on two things, traffic up front and squarely on the back of the bin wagon for workers. If I had been doing 20 It would have all been avoided without doubt, as the collision speed was 1mph. These speeds are clocked by dashcam so aren't 100% accurate,
I'm presuming gauging from responses its an up hill struggle. The situation just leaves me in a whole uncomfortable position, as Molerat says, if they could get away without paying surely they would, but feel they have just seen the rear end collision and avoided the bigger picture. I'm looking at grey area,
Cheers all for you responses, frustrating from start to finish these accidents, win or lose, stay safe0 -
You might be interested in
https://www.rospa.com/safety-training/on-road/advanced/drivers/
https://www.iamroadsmart.com/courses/advanced-driver-course-
Worth it on financial grounds alone IMO.0
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