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Lee_fr200

Member

Registered: 8th May 11
Location: West Yorkshire
User status: Offline

7th Jul 13 at 17:11

Doubt you will get a 50:50 claim as its clearly her fault, speed unless proven can't be used against the other driver! They see it as a junction where she has to give way, she's crossed the Leon's path and not judged the Leon's distance from herself causing the accident,

Hope all is well though cars can be replaced your missus can't

Ryan

Member

Registered: 23rd Jun 08
User status: Offline

7th Jul 13 at 17:15

If I was the Leon driver I'd be massivley pissed if it went 50/50.

AndyCorsaSport

Member

Registered: 12th Feb 06
Location: Horsforth, West Yorkshire
User status: Offline

7th Jul 13 at 18:01

quote:
Originally posted by Lee_fr200
Doubt you will get a 50:50 claim as its clearly her fault, speed unless proven can't be used against the other driver! They see it as a junction where she has to give way, she's crossed the Leon's path and not judged the Leon's distance from herself causing the accident,

Hope all is well though cars can be replaced your missus can't

I sort of agree. She judged the Leons distance, as if it was doing 30mph. Obviously factor in it was speeding and the distance changes. She's genuinely a good driver, and crosses that junction at least 4 times a week.

Insurance have said it is her fault due to pulling out, but that they are going to argue it due to the amount of damage on the car that its quite obvious the other car was speeding.

Will see how it goes I suppose, I'm not sticking up for her saying its not her fault btw.

Same happened to my friend last year, he pulled across a junction and hit a motorcyclist, who happened to be an off duty policeman. He was doing 90mph in a 40mph zone. He was a long way off when my friend set off so would have had loads of time to get across if the bike wasn't speeding. He was 80% across the road when they collided. He got a huge fine, 2 year ban and community service.

gazza808

Member

Registered: 30th Jun 08
Location: Peterborough
User status: Offline

7th Jul 13 at 18:18

I can never understand how people don't start slowing down when some one pulls across them an its going to be tight...

tom130691

Premium Member

Registered: 13th Sep 08
Location: Daventry
User status: Offline

7th Jul 13 at 18:54

i had something simular, police even said it was caused by his speeding and lack of indication, couldnt prove it though and lost the claim.

if the damage was further back youd have more of a case, but shit happens and thats what insurance is for at the end of the day,

[Edited on 07-07-2013 by tom130691]

Ben G

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Registered: 12th Jan 07
Location: Essex
User status: Offline

7th Jul 13 at 22:02

quote:
Originally posted by gazza808
I can never understand how people don't start slowing down when some one pulls across them an its going to be tight...

I see it happen every day and I think it's an ego thing.

If someone pulls into your path, the driver seems to either speed up in an attempt to scare the other party or they sit on their tailgate, constantly braking and accelerating whilst flashing the wanker sign.

Little man syndrome, I believe it's called.

With regards to this accident, it's 100% your other halfs fault. That damage is unreal for a 30mph collision though. living up to it's typical french build quality.

AndyCorsaSport

Member

Registered: 12th Feb 06
Location: Horsforth, West Yorkshire
User status: Offline

7th Jul 13 at 22:14

Typical French? That's usually down to them breaking down. It's a 5* Ncap rating, held up pretty damn well I'd say.

Ben G

Member

Registered: 12th Jan 07
Location: Essex
User status: Offline

8th Jul 13 at 11:18

French cars are known to be made from baked bean tins.

VrsTurbo

Premium Member

Registered: 8th Jun 10
User status: Offline

8th Jul 13 at 14:44

quote:
Originally posted by Ben G
French cars are known to be made from baked bean tins.

Meganes being one of the safest cars built

Ben G

Member

Registered: 12th Jan 07
Location: Essex
User status: Offline

8th Jul 13 at 14:49

You should know, wacky racer.

Steve

Premium Member

Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
User status: Offline

8th Jul 13 at 14:50

I wouldnt say its that unreal, you can kick a door side in with your own foot, takes fuck all impact to cave in. Obviously you couldnt do that with your foot before people start getting excited

Id say the damage to the other car is pretty typical of a low speed impact

Steve

Premium Member

Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
User status: Offline

8th Jul 13 at 14:51

hasnt even smashed a headlight

AndyCorsaSport

Member

Registered: 12th Feb 06
Location: Horsforth, West Yorkshire
User status: Offline

8th Jul 13 at 15:35

If it was low speed how would it spin the megane about 130 degrees and snap the rear wheel off?

End of the day will prob go as her fault. Car is going tomorrow. Funny thing is Copart who are delivering my Corsa are collecting the megane at same time.

Ben G

Member

Registered: 12th Jan 07
Location: Essex
User status: Offline

8th Jul 13 at 16:07

Surely he must have scrubbed some speed off before impact? It's a seat ibiza/leon, not a ferrari so wouldn't have gone round that bend at 100mph. 70mph maybe, so losing 40mph braking before an impact at 30mph seems feasible.

Ian

Site Administrator

Registered: 28th Aug 99
Location: Liverpool
User status: Offline

8th Jul 13 at 16:12

Other car has held up well, couldn't even see any damage until the later pics.

Its not the impact speed that's the issue Ben, its whether speeding contributed to her ability to make the necessary observations. The negligence will be based on the ability to make a good decision, not the level of damage afterwards.

Ian

Site Administrator

Registered: 28th Aug 99
Location: Liverpool
User status: Offline

8th Jul 13 at 16:14

quote:
Originally posted by AndyCorsaSport
She's genuinely a good driver, and crosses that junction at least 4 times a week.

And complacency will absolutely make you lose. Do not even consider mentioning that she does that junction regularly.

Ben G

Member

Registered: 12th Jan 07
Location: Essex
User status: Offline

8th Jul 13 at 16:14

But the speed before the impact can't be proven, so it has no basis in deciding whether he or she was at fault.

Robin

Premium Member

Registered: 7th Jan 04
Location: Northants Drives: Clio 182 Cup
User status: Offline

8th Jul 13 at 16:19

quote:
Originally posted by Ben G
But the speed before the impact can't be proven, so it has no basis in deciding whether he or she was at fault.

Of course it can.

How do you think the police work out how fast someone was going without any witnesses, like a biker on a country lane?

Ian

Site Administrator

Registered: 28th Aug 99
Location: Liverpool
User status: Offline

8th Jul 13 at 16:23

Exactly what I said on page 1.

Although I do think there is some mitigation if you can word it correctly.

Modern car with good brakes, you could argue that if he'd taken the necessary evasive action from an appropriate speed in the first place, the accident wouldn't have occurred.

Although you'd have a hard time saying he wasn't there at all, that bend is quite a long way away.

Ben G

Member

Registered: 12th Jan 07
Location: Essex
User status: Offline

8th Jul 13 at 16:29

quote:
Originally posted by Robin

quote:
Originally posted by Ben G
But the speed before the impact can't be proven, so it has no basis in deciding whether he or she was at fault.

Of course it can.

How do you think the police work out how fast someone was going without any witnesses, like a biker on a country lane?

Skidmarks/damage/witnesses etc.

Usually only do that when theres a fatality I think

Steve

Premium Member

Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
User status: Offline

8th Jul 13 at 16:41

Stop arguing plz

Ben G

Member

Registered: 12th Jan 07
Location: Essex
User status: Offline

8th Jul 13 at 17:50

Do you leave skidmarks, steve? What does your mum say?

am4nf

Member

Registered: 27th Jul 08
Location: South Ayrshire Drives: Corsa Sport
User status: Offline

8th Jul 13 at 18:21

Looks like he might of even wanted the crash to happen? lack of even a slight black mark

Steve

Premium Member

Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
User status: Offline

8th Jul 13 at 18:25

Perhaps she pulled out literally in front of him?

AndyCorsaSport

Member

Registered: 12th Feb 06
Location: Horsforth, West Yorkshire
User status: Offline

8th Jul 13 at 19:47

It wasn't a him. Was another girl.

She was clearly over half way across the junction at point of impact, this is obvious due to middle damage on the megane. And o/s damage on the Leon

Either way I could argue untill I'm blue in the face nothing will change.

Did an estimate on the megane for £8k today. Is been collected by salvage tommorow. End of. Nothing can change now.

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