Son's motor accident - how to settle

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  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    Use tinypic.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    Programmer wrote: »
    ...I wanted to post a picture from Google Street View to show the precise situation but this forum doesn't seem to have the facility for inserting images from a file.


    However, if anyone is able to access Street View....search on Brooke Street Cleckheaton and take position at west end of Brooke Street facing the A638. You should see two lanes of traffic approaching the (amber) lights and facing left; Mercedes in adjacent lane and small truck towing a large yellow mower in the middle lane; there is only one lane in the opposite direction. My son was turning right into this lane, and the bike that hit him was in the van-and-mower lane. The lights were red at the time.
    So the car that let him in and left a gap was in the nearest lane? Looks entirely your son's fault tbh as he was crossing 2 lanes but failed to take care when crossing the path of the 2nd lane.
  • debtdebt
    debtdebt Posts: 949 Forumite
    Lack of criminal prosecution doesn!!!8217;t absolve your son of civil liveability. Based on the accident circumstances, he will be held to be at fault for the accident.

    He claims that the motorcyclist was speeding. How did he judge the approaching speed of the motorcycle if his sight was restricted? In any event, once again, this is not enough to absolve him of civil liability.

    Let the insurance company deal with it. The third party will almost certainly present a claim for personal injury if his ankle was damaged. He may have been able to ride away as there would have been no weight put on the ankle but things may change when he got home.
  • Programmer
    Programmer Posts: 30 Forumite
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    neilmcl wrote: »
    So the car that let him in and left a gap was in the nearest lane? Looks entirely your son's fault tbh as he was crossing 2 lanes but failed to take care when crossing the path of the 2nd lane.


    Yes, that vehicle was in the nearest lane. But see posts above. I wasn't there to witness the accident but my son may have been creeping forward to get a clear view to the right, which I think is permitted; imagine trying to turn right from your own property when a lorry has parked so as to obscure your view to the right. There is no option but to move forward (slowly) until you have a clear view.
  • motorguy
    motorguy Posts: 22,473 Forumite
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    Programmer wrote: »
    Yes, that vehicle was in the nearest lane. But see posts above. I wasn't there to witness the accident but my son may have been creeping forward to get a clear view to the right, which I think is permitted; imagine trying to turn right from your own property when a lorry has parked so as to obscure your view to the right. There is no option but to move forward (slowly) until you have a clear view.

    Sounds like hes been unlucky but i do think it will end up being deemed his fault.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    Programmer wrote: »
    Yes, that vehicle was in the nearest lane. But see posts above. I wasn't there to witness the accident but my son may have been creeping forward to get a clear view to the right, which I think is permitted; imagine trying to turn right from your own property when a lorry has parked so as to obscure your view to the right. There is no option but to move forward (slowly) until you have a clear view.
    I've done this many times but creeping out in traffic is one thing, proceeding when your visibility is hampered is something entirely different. The correct thing to do was to wait until the lorry had passed and then attempt to cross.
  • caprikid1
    caprikid1 Posts: 2,128 Forumite
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    Creeping out breaks the principle of , do not proceed unless it is clear and safe to do so. Doing it slowly does not make it safe merely reduces the risk and you will always still be at fault.
  • Car_54
    Car_54 Posts: 8,204 Forumite
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    Programmer wrote: »
    I'm pretty sure that it says either in the Highway Code or that book 'Driving' published by the old Ministry of Transport, that when you do not have a clear view of a lane you are turning in to, it is permissible to move your car forward until you can see round any obstruction. After all, what else can you do? The obstruction might be a parked car. You can't sit and wait for the owner to return and drive it away. The bike wasn't speeding, but may have been going too fast considering adjacent traffic lights....will be clearer when I have made my next post.....


    Agreed, but the law requires that you don't do so "in a manner or at a time likely to endanger the driver of or any passenger in a vehicle on the major road or to cause the driver of such a vehicle to change its speed or course in order to avoid an accident."
  • spadoosh
    spadoosh Posts: 8,732 Forumite
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    edited 5 July 2018 at 11:29AM
    I dont see the point in paying for insurance so that when you need it you decide not to use it.

    The risk to your son by not using the insurance is a a future claim of an undetermined amount. This could be 50p or £50k. To give some perspective the maximum claim for a fractured foot that heals completely is £4,300. If it doesnt heal completely its bigger, if thers loss of earnings as a result its even more.

    The risk to your son for going through the insurance is paying a few hundred pounds more a year for a few year on insurance.

    To give some perspective. My OH had an accident with no one else involved, skidded on ice and ended up ploughing through a private estate and tearing up the grass. The claim from the other party was in the thousands, OH car was clost ot being a write off, but was repaired for £4k. When she renewed she added me to her policy (had 3 points, and 2 accidents, 1 fault 1 non fault to be reported) im male and younger htan her. It dropped by i think £55.

    With regard to my fault accident, again on ice, i was 24 and the reduction from getting older far offset the increase from having a crash. Again my insurance dropped on renewal after a fault accident. Although i do believe there wasnt much claimed.

    Just put it through the insurance and never think about it again. He might be slightly disgruntled upon renewal but if he can afford £300 to pay for the repairs he should be able to afford an increase in his premiums.


    Either way any insurance provider will want him to declare any fault accidents. Because youve settled outside of insurance doesnt change the fact that there was an at fault accident. The damage to his insurance is already done.
  • garth549
    garth549 Posts: 486 Forumite
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    ^^

    I agree, tell him to just go through his insurance. Even though it seems unlikely in this case, the cost of a claim can quickly spiral into 5 figures. It's just not worth the risk.

    If he's already 25 then depending on his no claims, the increase in premiums he'll pay over the new 3-4 years shouldn't be too excessive (few hundred pounds total)
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