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Author Accident, legalities?
Ojc
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Registered: 14th Nov 00
Location: Reading: Drives : Clio 197
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12th Oct 09 at 18:59   View User's Profile U2U Member Reply With Quote

Some fucking coffin dodger cunt has just gone into the side of Rach in the Polo.

Anyway this is the situation

Map link

Rach is heading left over the mini roundabout on School Road, the walking dead pulls out of the parking spaces on the right and goes into the side of her, Rach had slowed down for the roundabout and there were cars coming in the opposite direction, this woman pulled through a gap in the traffic and without looking and just gone into her.

She gets out and plants the blame on Rach for going to fast, how when she had slowed down for the roundabout I have no idea.

Not a great deal of damage but with the woman being old and Rach being in a GTi I have the feeling that Rach would get the blame, but who is in the wrong here?

This woman claims she had the right of way, but shes pulled out of parking spaces onto Rach side of the road without looking so how she came to that conclusion I have no idea, obviously she thinks that her being near a roundabout and coming from the right she can just pull out into the road as she feels fit.

God would have felt my fury had I been there the fucking cunt.

Rach also has pains in her shoulder, now anyone that knows her knows that she wouldn't make this up. I've told her to get up A&E now but she wants to wait to go to the doctors in the morning, her livelyhood is nursery manager which involves picking up kids all day long so if it gets worse shes going to be signed off and a loss of earnings etc

[Edited on 12-10-2009 by Ian]
FAZ
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Registered: 24th Nov 07
Location: Coventry
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12th Oct 09 at 19:02   View Garage View User's Profile U2U Member Reply With Quote

bad times i dont know any legal stuff but still know how infuriating it is for you and her
Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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12th Oct 09 at 19:04   View User's Profile U2U Member Reply With Quote

The woman doesnt have right of way, Rach was on the road and she was pulling on to it.

IMO she doesnt have a leg to stand on, its impossible for her to prove Rach was speeding, and even if she wasnt she would of pulled out infront of Rach and caused her to have to slam on - unless Rach was doing 100mph or something stupid which she obviously wasnt.
Dan.H
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Registered: 2nd Sep 07
Location: middlesbrough
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12th Oct 09 at 19:04   View User's Profile U2U Member Reply With Quote

forget the doctors go straight to A&E
andy1868
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Registered: 22nd Jun 06
Location: Burscough, Lancashire
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12th Oct 09 at 19:04   View User's Profile U2U Member Reply With Quote

this is me probably not reading your description properly, but did the other woman pull out of the parking space thats practically on the roundabout? (where the white car is parked on the map)
smcGSI16V
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Registered: 26th May 03
Location: Farnborough Drives: Thurlby 888 CDTi No.98
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12th Oct 09 at 19:04   View User's Profile U2U Member Reply With Quote

The old hag is blame, she has to give way/merge into the traffic flow.

And take Rach up to the hospital, whether she says no or not; use the pink fluffy handcuffs if you must.
ed
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Registered: 10th Sep 03
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12th Oct 09 at 19:05   View User's Profile U2U Member Reply With Quote

Woman pulls out into live traffic. Rach has right of way, woman in wrong but thinks she is in the right because she is old. Case closed.
Jake
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Registered: 24th Jan 05
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12th Oct 09 at 19:05   View User's Profile U2U Member Reply With Quote

worst case scenario it would be 50-50 unfortunately. i reckon with a good argument and detailed description she will get 100% of the blame
Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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12th Oct 09 at 19:05   View User's Profile U2U Member Reply With Quote

Agreed with getting to A&E btw, dont wait for the docs.

Also, thanks for letting me know what road Rach uses, Im now going to lay in wait for her
Matt L
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Registered: 17th Apr 06
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12th Oct 09 at 19:05   View User's Profile U2U Member Reply With Quote

not based on a legal thing but old bint is to blame in an insurance point of view (99% sure) seen as she went into the side of another car its like going into the back of someone she should of watched where she was going, its not hard to miss a fooking car infront of you..... awaits my next thread to be iv just driven into a car now iv typed that
Liam
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Registered: 19th Jan 06
Location: Stafford
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12th Oct 09 at 19:06   View User's Profile U2U Member Reply With Quote

Tricky situation, would it not go down knock for knock in a instance like this? IMO, the woman coming from the parking wouldn't have right of way, if she had cut out of the parking bays over the wrong side of the road and into Rach's car...

Were there no witnesses or any CCTV around which could prove the old bat was in the wrong?
Ojc
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Registered: 14th Nov 00
Location: Reading: Drives : Clio 197
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12th Oct 09 at 19:12   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by andy1868
this is me probably not reading your description properly, but did the other woman pull out of the parking space thats practically on the roundabout? (where the white car is parked on the map)


Yes, from there heading left shes come across a lane of traffic into Rachels path.
Liam
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Registered: 19th Jan 06
Location: Stafford
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12th Oct 09 at 19:14   View User's Profile U2U Member Reply With Quote

Got to be the old bints fault then, as it's clear that Rach was already on the road where the accident happened....
nathy_87
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Registered: 14th Aug 08
Location: West Mids. Drives: Škoda Fabia VRS 5J
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12th Oct 09 at 19:28   View User's Profile U2U Member Reply With Quote

Where is Alex when you need her.

Just take the missus up to the hospital, jsut to get her checked out. It's the biddys fault by the way Ol.

[Edited on 12-10-2009 by 5dr corsa-3dr_polo]
CorsAsh
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Registered: 19th Apr 02
Location: Munich
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12th Oct 09 at 19:47   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Cosmo
The woman doesnt have right of way, Rach was on the road and she was pulling on to it.

IMO she doesnt have a leg to stand on, its impossible for her to prove Rach was speeding, and even if she wasnt she would of pulled out infront of Rach and caused her to have to slam on - unless Rach was doing 100mph or something stupid which she obviously wasnt.


Exactly. You should never impede the progress of an approaching vehicle, if she's left it so that she's made contact it's clear cut that she wasn't paying attention/checking her blindspot (as you're taught to do from day one of your driving career). No fault of Rachel's.
Ojc
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Registered: 14th Nov 00
Location: Reading: Drives : Clio 197
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12th Oct 09 at 21:35   View User's Profile U2U Member Reply With Quote

Next question.

Only TPF&T on the Polo as it's not worth a great deal but due to someone elses negligence it now has battle scars on it and as the car was in decent condition it's spoiled it.

So if Rach wants to go through insurance and claim from this other twats insurance with her claiming that Rach was in the wrong, whats the likely scenario here?

Shes got 7 years NCB which are protected and this policy is a mirrored from the Astra one, so does this mean both the insurances are going to take a hike come January when they are up for renewal as a result of some other fucking cunting shitty driving.
Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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12th Oct 09 at 21:38   View User's Profile U2U Member Reply With Quote

If they find its the old womans fault then it shouldnt make any difference to any premiums. If they find its her fault then you're left paying for your car to get fixed. Likely hood imo is her insurance will pay out for it all.

TBH even if it turns out being Rach's fault, insurance wont go up that much tbh.
Ojc
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Registered: 14th Nov 00
Location: Reading: Drives : Clio 197
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12th Oct 09 at 21:40   View User's Profile U2U Member Reply With Quote

So this is going to run and run, can't wait. I think I'm going to loose my temper.

Thanks for all your help though, car feels a bit funny now, looks like the wheel took the brunt of the impact and it's even bent the lower arm or the rack or buckled the wheel, need to get it all apart and have a look.
mattk
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Registered: 27th Feb 06
Location: St. Helens
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12th Oct 09 at 21:41   View User's Profile U2U Member Reply With Quote

if she is found to be in the wrong both the cars will be repaired at the cost of the old womans insurance company? if Rach isnt to blame you wont have to worry about your insurance policys,

my mum was hit in her megane by a girl in a fiesta, it was the girls fault, my mum didnt even have to speak to her insurer, everything was sorted from the otherside
Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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12th Oct 09 at 21:49   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ojc
So this is going to run and run, can't wait.


Once both sides have given their version of the events it shouldnt go on too long, it seems an open and shut care tbh.

Any witnesses?
Ojc
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Registered: 14th Nov 00
Location: Reading: Drives : Clio 197
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12th Oct 09 at 21:57   View User's Profile U2U Member Reply With Quote

None, which is an issue.
andy1868
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Registered: 22nd Jun 06
Location: Burscough, Lancashire
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12th Oct 09 at 21:58   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ojc
quote:
Originally posted by andy1868
this is me probably not reading your description properly, but did the other woman pull out of the parking space thats practically on the roundabout? (where the white car is parked on the map)


Yes, from there heading left shes come across a lane of traffic into Rachels path.


so her point of view is that she was on the roundabout to rach's right, therefore giving her the right of way? i'm not saying either is right or wrong because i plainly don't know but i bet thats what she puts in her statement
micra_pete
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Registered: 23rd Apr 03
Location: West Yorkshire
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12th Oct 09 at 22:04   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Cosmo
The woman doesnt have right of way, Rach was on the road and she was pulling on to it.

IMO she doesnt have a leg to stand on, its impossible for her to prove Rach was speeding, and even if she wasnt she would of pulled out infront of Rach and caused her to have to slam on - unless Rach was doing 100mph or something stupid which she obviously wasnt.


if the women wasn't on the roundabout (nice coloured sketch would clarify) I would agree 100 % with the cocknocker above.
Ojc
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Registered: 14th Nov 00
Location: Reading: Drives : Clio 197
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12th Oct 09 at 22:06   View User's Profile U2U Member Reply With Quote

Correct Andy, she hasn't got a leg to stand on, her car is facing the same way as Rachels and has come across traffic going in the opposite direction to get on the same side as Rach, like Ash has said she hasn't checked her blind spot and just come out with "you were going to fast"

Now anyone that lives in Tilehurst knows that no matter what time of day you drive through the Triangle you won't exceed 15mph due to the ridiculous amount of traffic and the roundabouts and traffic lights being in such close proximity meaning you never get going.
Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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12th Oct 09 at 22:09   View User's Profile U2U Member Reply With Quote

Was she parked in the last bay that is on the roundabout?

Ether way, I think coming out of a parking bay on to a roundabout is slightly different to coming out of a road on to it.

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