Collision with overtaking car

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Yesterday i was involved in a collision

I was driving in a 40mph zone doing 40 when i wanted to cross to the other side and park to make a phone call

There are hatchings with a broken line running down the middle

I checked my mirrors, indicated and started to move right

Almost immediately a car smashed into the side of me

He must have been doing 70 +

He thinks i drove into him and claims i wasn't indicating

He was driving (what looks like) a fairly new BMW M5 and is worth over 70k apparently

My concern is i didn't see him in the mirrors but he was going so fast i don't know where he came from

I think both cars may be written off and if i have to pay out for his damage it could be horrendous

I fear that if they insist i drove into them i don't know how to defend it. I don't know if there is anyway to show how fast they were going

They say they have a dashcam but surely this would show them going well in excess of the speed limit?
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Comments

  • tho_2
    tho_2 Posts: 326 Forumite
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    This maybe better moved to motoring.

    First thing I don't think any Lane markings help your cause, if the markings suggest you shouldn't be overtaking, you also shouldn't be pulling up on the right. Maybe a Google maps link would help.

    If your description is accurate you shouldn't have anything to worry about. Don't accept liability, let the insurers decide. The car hitting from behind tends to be found as the guilty party. If he has a dashcam I'd suggest letting your insurer know. It won't show if you checked your mirror, but it'll definitely show if you indicated. The damage on the cars should also give a indication on speed. The insurance companies will factor it all on.
  • Mr.Generous
    Mr.Generous Posts: 3,379 Forumite
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    You pulled across to the other side of the road to stop while doing 40? I would have braked and reduced speed first definitely, It does sound like it will go knock for knock to me.
  • dnet
    dnet Posts: 93 Forumite
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    This is the road

    I was moving across. There was not really a need to slow down as there was nothing ahead and there is quite a way to go so i would slow down when i'm further over. I knew there was some traffic behind me but didn't know one of them was going down the middle at god knows what speed. Anyway this is the road

    PO9c9k5.jpg
    PO9c9k5
  • dunstonh
    dunstonh Posts: 116,387 Forumite
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    Just because another car is in the wrong does not give you the right to drive into it. You may feel angry that it happened but what if that had been a motorbike? You could now be looking at prosecution if it had been and having to deal with killing someone. As it stands, it is just broken metal.

    You have confirmed that you hit a car whilst changing lane. So, I suspect that this will be classed as both as fault.
    I think both cars may be written off and if i have to pay out for his damage it could be horrendous

    Why would you have to pay out?
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • dnet
    dnet Posts: 93 Forumite
    edited 17 March 2017 at 12:11AM
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    dunstonh wrote: »

    Why would you have to pay out?

    I mean if my insurance pays out there will be a figure on it which i will have to declare at my renewal. I assume the level of payout affects the quote

    My understanding is 50/50 means each insurer pays half. So my insurer pays half of theirs and they pay half of mine

    Knock for knock, i believe, means each insurer only pays for their own client

    If i have to declare a payout of £35,000 on a 70k car i don't feel confident getting a good quote next time
  • lovinituk
    lovinituk Posts: 5,711 Forumite
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    That road looks pretty straight. How could you not see him coming up behind if you checked mirrors properly, even if he was doing 70?

    You can enter hatched lines with broken borders if it's safe to do so but you should check carefully no one else is already in them. As above, it could have been a bike.
  • dnet
    dnet Posts: 93 Forumite
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    lovinituk wrote: »
    That road looks pretty straight. How could you not see him coming up behind if you checked mirrors properly, even if he was doing 70?

    I honestly don't know. I knew there were some cars behind but didn't know he was there until it was too late. There is a sort of blind spot and i just didn't see him
  • lovinituk
    lovinituk Posts: 5,711 Forumite
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    dnet wrote: »
    I honestly don't know. I knew there were some cars behind but didn't know he was there until it was too late. There is a sort of blind spot and i just didn't see him
    Slow down, check your mirrors, turn your head, move your head around so you can see the blind spots.

    Sorry, the other guy was an a$$ but you sound dangerous too.
  • dnet
    dnet Posts: 93 Forumite
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    lovinituk wrote: »

    Sorry, the other guy was an a$$ but you sound dangerous too.

    I'm not sure i agree but i take your point

    I will wait to see what the insurers say

    Thanks for the input
  • Retrogamer
    Retrogamer Posts: 4,215 Forumite
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    If he does have a dash cam then it will show what really happened. It seems unlikely he was doing 70 though and as mentioned, even if he was you would have still seen him on such a straight road with good visibility.

    As you said, insurance will decide what happens.
    All your base are belong to us.
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