3CorsaMeal
Member
Registered: 11th Apr 02
User status: Offline
|
who would be to blame?
Was just following some old chaps in an old classic car, and he was a terrible driver, he kept pulling out to go around parked cars in our lane, when he should be giving way, kept causing oncoming traffic to brake etc i would be stopping and giving way each time where he just swerved out without a care for anything coming in opposite lane 
then when he finally pulled off the road, he just suddenly slowed down and pulled off the road, no indicating, almost went into the back of him.
i felt like i should of now, and ruined his car for being such a twatish inconsiderate driver.
|
Brett
Premium Member
Registered: 16th Dec 02
Location: Manchester
User status: Offline
|
Person behind should maintain safe braking distance.
[Edited on 29-07-2011 by Brett]
|
adiohead
Member
Registered: 28th Sep 01
User status: Offline
|
should always have enough space to stop without hitting the car in front, but then the indicator should work (or hand signals should have been used).
I'd say 50/50.
|
nathy_87
Member
Registered: 14th Aug 08
Location: West Mids. Drives: koda Fabia VRS 5J
User status: Offline
|
You (imo) as you're travelling too close to him.
|
adiohead
Member
Registered: 28th Sep 01
User status: Offline
|
I hit the car in front once on a motorbike, because the woman over took me and then decided to suddenly turn off.
Ended up being 50/50
|
Butler
Member
Registered: 2nd Jun 05
Location: London
User status: Offline
|
What was the car? You sure it didn't have trafficators?
|
BeetleGav
Member
Registered: 27th Jun 10
Location: lancashire, nelson
User status: Offline
|
peoples indicators must be broken this week, nothing has pissed me off more this week!
and people who slow down for no reason, crawl to a turn off THEN indicate and fuck off! do my swede in!
|
Brett
Premium Member
Registered: 16th Dec 02
Location: Manchester
User status: Offline
|
If people are driving close to me behind I tend not to indicate and brake erratically 
|
tom130691
Premium Member
Registered: 13th Sep 08
Location: Daventry
User status: Offline
|
your brakes are better than his anyway :/
|
adiohead
Member
Registered: 28th Sep 01
User status: Offline
|
I watched a broom yellow Fiat Turbo cause a pileup a few months back. Just slammed on the brakes and caused a truck to hit the car behind it.
The Fiat sped off down a side road. He did it on purpose. I tried to give chase but lost him 
|
CorsaSi
Member
Registered: 2nd Aug 05
Location: warri Drives : 300bhp ep82
User status: Offline
|
im a senior liability technical claims adjuster, if you had ran into the back of him then you would of been at fault simple as that.
only way it wouldnt of been is if was indicating had started his turn and then changed his mind and pulled back out but then you would need a witness so...
and talking about wishing youd done it, yesterday i was on a roundabout lane on left to go straight ahead lane on right is right turn only, old women in lane to right of me decided she wanted to go straight ahead and switched into my lane while i was next to her, i slammed on and nearly went off the road avoiding her, wish id let her hit me.. but then id have so much grief proving it was her fault because its on a roundabout wasnt worth it..
motor claims are the devil
|
3CorsaMeal
Member
Registered: 11th Apr 02
User status: Offline
|
yeah, not worth the greif but i would of liked to of seen his face after a £150 escort had driven over the back of his car, then i could proceed to tell him its just an accident and i'm sorry, then sit there saying oh well mate, its just metal.
|
adiohead
Member
Registered: 28th Sep 01
User status: Offline
|
quote:
Originally posted by CorsaSi
im a senior liability technical claims adjuster, if you had ran into the back of him then you would of been at fault simple as that.
not really, I did this and it ended up 50/50.
and the bitch was indicating!
[Edited on 29-07-2011 by adiohead]
|
RKS
Member
Registered: 2nd Mar 04
Location: Gloucestershire UK
User status: Offline
|
when i'm following someone driving erratically I just slow down and keep my distance let them carry on with it! If they want an accident they can have it with someone else.
|
CorsaSi
Member
Registered: 2nd Aug 05
Location: warri Drives : 300bhp ep82
User status: Offline
|
quote:
Originally posted by adiohead
quote:
Originally posted by CorsaSi
im a senior liability technical claims adjuster, if you had ran into the back of him then you would of been at fault simple as that.
not really, I did this and it ended up 50/50.
Third party statement, i was proceeding down x road indicating left to turn, down x road slowing down as i was aproaching the corner when the third party collided with the back of my vehicle.
even if he wasnt indicating driver behind has still failed to stop.
100% fault of party who collided with back of vehicle.
im not talking shit ive been dealing with liability issues on claims for 4 years, had every circumstance you would imagine, and when claims end on a split basis 50/50 is usualy accounted for lane changes on roadabouts ect, most circs on single lane each way are poritioned more towards fault of one party 80/20 ect
|
adiohead
Member
Registered: 28th Sep 01
User status: Offline
|
quote:
Originally posted by CorsaSi
quote:
Originally posted by adiohead
quote:
Originally posted by CorsaSi
im a senior liability technical claims adjuster, if you had ran into the back of him then you would of been at fault simple as that.
not really, I did this and it ended up 50/50.
Third party statement, i was proceeding down x road indicating left to turn, down x road slowing down as i was aproaching the corner when the third party collided with the back of my vehicle.
even if he wasnt indicating driver behind has still failed to stop.
100% fault of party who collided with back of vehicle.
im not talking shit ive been dealing with liability issues on claims for 4 years, had every circumstance you would imagine, and when claims end on a split basis 50/50 is usualy accounted for lane changes on roadabouts ect, most circs on single lane each way are poritioned more towards fault of one party 80/20 ect
My accident (when I was 16):
woman overtook me, then decided to turn left (and indicated), I went into back.
ended up 50/50. 
|
CorsaSi
Member
Registered: 2nd Aug 05
Location: warri Drives : 300bhp ep82
User status: Offline
|
not same circs then, shes overtook you and im guessing breaked harshly to make her turn?
|
Brett
Premium Member
Registered: 16th Dec 02
Location: Manchester
User status: Offline
|
Si's right 
|
Neo
Member
Registered: 20th Feb 07
Location: Essex
User status: Offline
|
CorsaSi, what about this scenario as it isn't quite clear -
Driving down a residential road
Car in front starts indicating left
You see them then looking up the driveways at house numbers so realize they are looking for somewhere so back off them a bit
They eventually slow to an almost stop so you indicate past
They then, still indicating left, start to accelerate without checking mirrors and end up driving either towards the side of overtaking car or force the overtaking car to speed up and move to the left or break and pull behind.
I'd assume it's their fault however was told by the policeman that pulled me over that it would be my fault if an accident had taken place. Even though I tried to explain that the driver had been doing around 10mph maximum for around a quarter of a mile and that although I had been patient there is unfortunately a limit. His argument was that I should have waited till he had come to a complete stop (although when overtaking on any road you don't wait for the person to stop). I basically told the officer that as the person was indicating left I had checked my mirrors, seen no oncoming traffic and indicated an overtake, moved to the opposite side of the road and it was them that turned into my path.
I've had this happen to me when cars have indicated right, moved to the right hand side of the road to park and then decided against it so without looking accelerate back into my lane. That was actually the closest near miss i've ever had.
|
adiohead
Member
Registered: 28th Sep 01
User status: Offline
|
quote:
Originally posted by CorsaSi
not same circs then, shes overtook you and im guessing breaked harshly to make her turn?
yes, she shouldn't of overtaken just before turning and caused me to have to slow down...hit her.
I would argue 3cm's case that the person turning didn't follow:
Turning left
182
Use your mirrors and give a left-turn signal well before you turn left. Do not overtake just before you turn left and watch out for traffic coming up on your left before you make the turn, especially if driving a large vehicle. Cyclists, motorcyclists and other road users in particular may be hidden from your view.
and
103
Signals warn and inform other road users, including pedestrians (see 'Signals to other road users'), of your intended actions. You should always
* give clear signals in plenty of time, having checked it is not misleading to signal at that time
* use them to advise other road users before changing course or direction, stopping or moving off
* cancel them after use
* make sure your signals will not confuse others. If, for instance, you want to stop after a side road, do not signal until you are passing the road. If you signal earlier it may give the impression that you intend to turn into the road. Your brake lights will warn traffic behind you that you are slowing down
* use an arm signal to emphasise or reinforce your signal if necessary. Remember that signalling does not give you priority
I know that most of the time the person behind gets the blame for not giving enough room to brake, but the driver should have some of the blame for not following the highway code too.
|
CorsaSi
Member
Registered: 2nd Aug 05
Location: warri Drives : 300bhp ep82
User status: Offline
|
honestly ive got a highway code book in my draw and i have never opened it, all claims work on specific case laws, whatever goes to court and its just argued using them.
and neo,
if the third party had stopped then as you overtook had pulled out they would of pulled from a parked position so they would be at fault especially if you was indicating and they hadnt put there right indicator on, but either way wouldnt be your fault...cant find a case law to support exact circs but for a idea, if your overtaking a line of cars and one of them rights right infront of you and you hit them its still split liability because drivers should always check the mirrors.. so split worst case 70/30
|
Neo
Member
Registered: 20th Feb 07
Location: Essex
User status: Offline
|
Thanks Si, Although I still find it shocking that I could still be even partially to blame, however its nice to have closure that the police officer was just being a jobsworth.
|
CorsaSi
Member
Registered: 2nd Aug 05
Location: warri Drives : 300bhp ep82
User status: Offline
|
tbh mate i doubt you would take any blaim, it all depend's on your sketch, if hes pulled between parked cars hes classed as parked. if hes stopped hes parked.. pulling from a parked position and hitting another vehicle will always be fault, people argue it but likelyhood if your statement said he was parked area of damage would support your claim as he would of collided with nearside of your car, id get his insurers to accept fault on his behalf anyway : )
|
