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5K views 46 replies 24 participants last post by  ElninoDavido 
#1 · (Edited)
So, going up to the girlfriends tonight to see her and the wee man and had a slight accident...... Automotive parking light Grille Vehicle Hood Automotive lighting

Hood Automotive lighting Automotive tire Vehicle Automotive design

Hood Automotive lighting Automotive tire Tread Motor vehicle

Automotive parking light Wheel Car Automotive lighting Tire


Turns out a man who says " I didn't think there would be anyone else overtaking" doesn't actually look in his mirrors to confirm his theory and obviously just presumes this! ****!
A point to note, this guy was driving a lorry cab!!!!

Wide road, can easily see for a good half mile or more. There was a lorry cab + trailer - single lorry cab - car - me. Car coming towards us passes, I signal and overtake first car, then, as my front end is about inline with the lorry cab he ****ing pulls out whilst beginning to indicate. Off course he says he was indicating all the time but I can swear on my life he wasn't. I slam on the brakes and hit the verge to avoid him but as you can tell by the pictures that didn't happen :(

It is now in the hands of the insurance company now so will see how that goes. If he says the line he said to me then surely he that is admitting he never looked in the mirrors?

Anyway, looks like it may be another 5 going to evo heaven :(
 
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#5 ·
50/50

If he was indicating to turn right does that mean there was a road/entrance/exit on the right?

If so that's dangerous to overtake there as someone could just pull out?


He will just say he was indicating, he might even win the claim. Did he hit you.


Sorry to see this happen and does look like a write off.
 
#6 ·
He was not indicating until I was level with the back of his cab. He indicated and pulled out at the same time.

There is no road on the right, he said he was pulling out to overtake the artic lorry in front of him.

Yeah, he has already said he was indicating (which he most definately wasn't) The insurance will be phoning him this morning to get his side of the story.
They also agreed with me that if he says the line " I didn't think there would be anyone else overtaking" they would be more inclined to fight the case as he was going on what he thought and not what he had seen in the mirrors.

Car should be getting picked up today to get qouted or written off. I really hope it gets fixed as it was a clean car, plus i will get a courtesy car. I can't be bothered with the hassle of car shopping.
 
#7 ·
Surely if you are already overtaking,just because somebody puts their indicator on,it doesn't give them the right to pull out in front of you?
I don't like overtaking long lines of traffic,for this reason,as you are always waitng for some ****wit to pull out,without looking in their mirror.
Plus,the speed you can pick up ,in an Evo,means you are going pretty quickly,so it makes it harder to stop if this happens.
Hope you get it sorted out,mate.
Chris
 
#8 ·
gutted:cry:

i had similar thing happen(well my ex did in my x5) she was driving my new x5 doing the school run in the morning.she over took one car then the car infront of that just pulled out to over take a car too.didnt look in his mirrors:wallbang:

only time my x5 did some major 4x4 off roading:goingmad: he hit her an knocked her off the road into a field:goingmad: kids were in the car too, an the **** just drove off:wallbang::wallbang:

luckily a woman followed him an got his number:D £15k in damage to my x5:eek:

luckily everyone was ok,bit sore an briused:D

he got done for it:smthumbup:D
 
#9 ·
Well, the car is now away, so just waiting for the bad news now about it :(

Had a phone call from the insurance and its going down as a 100% my fault..............

Apparantly he has a witness (the car that was behind him :rolleyes: who I had overtaken ) who is confirming the lorry drivers story of he was indicating before he pulled out. I can't remember the type of car it was :blah:

Now, no one else stopped at the time of the accident, it was just us 2, we both left the scene at the same time, from what I can remember the cab did not have any markings, phone numbers or company names on it.
My problem is, if no one stopped and the cab did not have any markings then how did the "witness" get in touch with the driver?
My **** is well and truly boiling just now as it should be at least a 50 / 50 if not his fault.
 
#10 ·
Struggling to see how this is your fault. You were overtaking. He pulls out (indicating or not should be irrelevant), obviously he failed to check either his mirror or blind spot......perhaps both.

Witness could very well know the guy.

Has the insurance decided that you are taking the blame for it, or are they telling you its looking that way.

Glad you're ok though :smthumbup
 
#12 ·
I agree with that.
"I was indicating" isnt a magical blame resistant answer.

So I could indicate, then go run someone over and use that excuse?

That said - the OP was attempting to overtake 2 lorries and a car (at least that what he could see - may have been more in front of the lead artic) and thats a long queue to be overtaking.

I bet he'd booted the evo. I'm suprised to be honest that Mr Plod hasnt had a word.
 
#13 ·
That's not right, your were committed, it's his sole responsibility to check its safe for him to proceed with his manoeuvre !!

The insurance know this to, must be a little more to the story.
 
#15 ·
How does the law work on this then?

If You're over taking a line of cars and the road is clear ahead, do you not have right of way or do you have to slow down to let a car/lorry pull out in front of you?

I would have thought that it be my right of way if i'm doing 60mph to pass a line of cars doing 45mph. Obviously i'd take things like distance into account but if a car is overtaking behind me in a line of traffic i let him past. I just immedeiately over take hime once clear as my car is always faster:lol:



Darren
 
#20 ·
They were sitting about 30 - 40, I was going about 50 - 55 past them. Limit was 60mph

it dont matter ,if you was indicating and was committed to over taking,he should of seen you end of:shake:

his fault as he would of seen you,when he looked in his mirrors before and after indicating:rolleyes:
I was more than committed, thats the thing, I had already passed the car that was behind him, so I had been on the other side of the road for a few seconds. If he had his indicator on there was more than enough time for him to pull out before I got to him.
 
#21 ·
this is shocking really, i hate having to slam the brakes or hold back just because of other peoples bad judgement and lack of vision which is what this sounds like. I cannot believe it will go against you i would be fuming! he pulled out on you so it was definatly your right of way.
 
#22 ·
then you do need to be pushing your insurance co to fight it - but ultimately those buggers always seem to have the last word even to the point of accepting they have to pay out rather than fight. I guess they have extra costs associated with fighting and they figure it aint worth it.
Specially as they'll only have to weigh in about 3-4grand for your car.
 
#23 ·
then you do need to be pushing your insurance co to fight it - but ultimately those buggers always seem to have the last word even to the point of accepting they have to pay out rather than fight. I guess they have extra costs associated with fighting and they figure it aint worth it.
Specially as they'll only have to weigh in about 3-4grand for your car.
F*CK, i hope its more than that :eek:
 
#26 ·
That's shocking it's surely his fault - you where already overtaking he didn't look seems pretty clear to me!!! Makes me angry just thinking about it, feel gutted for you, hope the insurance company see sense.

A while back when I had my Impreza P1 I pulled out to overtake a few cars on a long straight and a boy racer in a 1.1 Saxo pulled straight out in front of me had to slam on the anchors full whack and only just managed to stay from ramming into the back of the idiot, my AP brakes saved the day on that occasion.
 
#29 ·
point 1

mirror,
signal,
and if it's all clear manoeuvre.

point made tell the insurance co to stick that in their pipe!
Proven in court of law to not matter one single jot, entirely dependant upon the judge, JP whatever they are, that is sitting at the time of course.

I found out, to my cost, that people are allowed to pull out of a statioary queue of traffic that you are passing, run into the side of you, and not be to blame!!
I would say the outcome is a complete lottery :shake:
 
#32 ·
Pretty sure if you read what has been written you will see I never went into the back of him. He came into the side of my car in front of the wheel.

Yes I do blame the truck driver, but, I would accept a 50/50 at this point, the fact the insurance are pinning it all in me that is the annoying fact!
 
#33 ·
I totally agree in as much as the truck driver was to blame but to be fair, he may done the old mirror signal manouver but in the second or so its taken him to stick his indicator on and pull out you have already covered the 20ft or so required to pass the car in front. Thats the thing with evo's, they can cover ground so quickly other road users are surprised and things like this happen. Hope the insurance pay out a decent figure but as said above, buy the car back and repair it.
 
#35 ·
Don't you take the Legal cover with insurance? Speak to them. Does not have to be with your Evo policy either, any legal cover you have - home insurance, other cars etc.



Which is why I have front/rear recording all the time. It's surprising what is picked up when people don't know they are being recorded.
 
#36 ·
Had the same thing happen to me a few years ago in my golf, lorry just decides to pull out as I am overtaking, luckily didn't do as much damage as yours as I broke hard swerved off the road and the trailer just clipped the front.

His insurance paid no problem, didn't even consider that they wouldn't.
 
#37 ·
sooooooo, a quick google on the laws about overtaking has me even more annoyed.

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070314

162
Before overtaking you should make sure

•the road is sufficiently clear ahead
road users are not beginning to overtake you (I was clearly overtaking as I had already passed one car)
•there is a suitable gap in front of the road user you plan to overtake

163
Overtake only when it is safe and legal to do so. You should

•not get too close to the vehicle you intend to overtake
use your mirrors, signal when it is safe to do so, take a quick sideways glance if necessary into the blind spot area and then start to move out
•not assume that you can simply follow a vehicle ahead which is overtaking; there may only be enough room for one vehicle
•move quickly past the vehicle you are overtaking, once you have started to overtake. Allow plenty of room. Move back to the left as soon as you can but do not cut in
•take extra care at night and in poor visibility when it is harder to judge speed and distance
•give way to oncoming vehicles before passing parked vehicles or other obstructions on your side of the road
•only overtake on the left if the vehicle in front is signalling to turn right, and there is room to do so
•stay in your lane if traffic is moving slowly in queues. If the queue on your right is moving more slowly than you are, you may pass on the left
•give motorcyclists, cyclists and horse riders at least as much room as you would when overtaking a car (see Rules 211-215)

Remember: Mirrors - Signal - Manoeuvre

now, it also says this

167
DO NOT overtake where you might come into conflict with other road users. For example

•approaching or at a road junction on either side of the road
•where the road narrows
•when approaching a school crossing patrol
•between the kerb and a bus or tram when it is at a stop
•where traffic is queuing at junctions or road works
•when you would force another road user to swerve or slow down
•at a level crossing
when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled
•stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left
•when a tram is standing at a kerbside tram stop and there is no clearly marked passing lane for other traffic

But, in my case, I can swear on my life he was not indicating until he started to pull out, which, is when I was inline with the back of his cab!
 
#40 ·
I have just been on the phone to the insurance saying exactly this, the boy seemed to agree that his witness could be used as my witness as well, but, when he had spoke to the folk that decide the claims he came back and said "they will probably stick with a 100% fault as if it goes to court they might not win" WTF is that all about, I pay 2k to insure my car including legal cover, if it needs to go to court then it will.

I will be fighting this, if it goes to court and I lose then at least I have taken it as far as I can.

On a more disapointing note.........4.6k to fix my car :( bye bye
 
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