blp

I agree. It was her fault. She is responsible for checking the road is clear.
Aslong as the road markings were clear / non existant, I would be pushing for her to take responsibility. This is a good reason I hate knock for knock...

GMT

I was recently involved in an accident .. I was overtaking a very slow moving car in a national speed limit. I didn't realise at the time(due to no road markings/signs) that there was a small side road to my right. As I was overtaking someone came out of that road, didn't stop at the giveway sign and pulled straight into the side of me.

I am claiming it was her fault as she didn't look before pulling on to the major road, she is saying it is my fault cos I was on the "wrong" side of the road.

Insurance company now want to do a knock for knock part blame thing, which I don't really want to accept. Can I ask them to fight it further for me, or do I have to accept this??

thanks!

Graham

TonyBurns

iTrader: (3)

Sorry to hear about your accident you are partly to blame but she is more to blame as she didnt look both ways before pulling out onto the carriage way, so go for broke and push the fault claim towards her saying that she should have made sure it was safe to pull out from the junction, you still had right of way especially if you indicated before pulling out and there were no solid white lines on the road, still you have to keep an eye out for these junctions

Tony

RichieC

Tricky one, yes she was to blame for not looking but at the end of the day you were overtaking at a junction. The law will state that ignorance (ie you didnt know the junction was there) is no excuse and youll struggle to direct the majority of the blame onto her.

I dont wish to sound negative on this but it seems youre both equally to blame in the eyes of the law. I personally think that you have been caught out by bad road markings and as such have landed yourself in trouble. Hope it all goes well but can you not bring the highways commission into it for not having clear road markings??

Best of Luck

Rich

Steve Fort

Insurance companies seem to be doing Knock for Knock all the time lately. I think that it is just less hassle for them and they know that most customers won't make a fuss about it.
Service from insurance companies seems to be going right downhill lately, and ironically we are paying them more for their 5hite service.
I had an unfortunate oversteer incident recently and hit a high curb. The damage wasn't horrific but i decided to go through insurance coz i know how expensive scooby repairs can be. That was nearly 2 months ago and still i haven't got my car back! According to the Subaru dealer, who has been most helpful, it is all down to the insurance company dragging their heals. I can't see the problem though coz i accepted full responsibility.
Last time i'll be using Keith Michaels and Highway insurance, no matter how cheap their quote is.

Rant over.

STEVE

[This message has been edited by Steve Fort (edited 17 December 2000).]

Dave T-S

The knock for knock agreement was ended several years ago when the insurers that were insuring the higher values got stuffed with the biggest claims - because they paid 100% of their own insureds damage.

I wondered how long before this would turn into another "all insurance companies are robbing ba5tards" thread.
I don't believe you will find the insurance industry is registered with the Charity Commissioners - they are there to make a profit. The fact is that the motor insurance industry is NOT making a profit. Why not - claims exceed premium. Simple as that. Everyone, including me, wants the cheapest premium and the perfect service. Well, something has to give.

And yes, I do work in the insurance industry (NOT motor) but I am not defending it - I just understand it.

If you want to knock someone, start with the Labour government for charging the cost of road accidents back from the NHS to the motor insurers.....or the fraudsters/uninsured motorists (now reckoned to be around one million)....or the compensation culture now finding its way across the Atlantic.

Mike Tuckwood

If she pulled out without looking it's her fault. She would be obliged to check the road was clear (Both Ways)!

You ARE allowed to use the 'other' side of the road to execute an overtaking manouevre.

The fact that you were doing it past a junction (which was no doubt clear at the time) changes nothing?

Officially I would hold her to blame, unofficially I would get onto an Advanced Driver course...... Then you will see why it would never have happened had you done so before.

(Hope all turns out OK).


Mike.

RichieC

hi Mike hows things??

Good point but it is illegal to overtake at a junction, even if it has no chevrons.

She can simply argue she couldnt see you for the sun or whatever and say well why was he overtaking at a junction. I know what youre saying but, youve been unlucky, thats all.

Hope it all turns out OK in the end

Rich

Nick

Sorry mate
Highway code rule 143:
Do not overtake where you might come into conflict with other road users: approaching or at a road junction on either side of the road.

Both drivers were in the wrong I'm afraid.

Mike's advice is good. The IAM test costs £45 & the lessons cost £8 for a whole year's worth!

GMT

So do you think that my argument that I couldn't see the junction until too late as there were no signs/road markings won't work.

It is also a bit annoying as the first point of impact was the front wing behind the front wheel, so even if she had looked in front of her she would have seen me!

I'm speaking to insurance co tomorrow so we'll see what they say

Graham

Jerome

Not only should you not overtake around junctions, it is an endorsable offence. I got 4 points for overtaking a drunk driver near a junction. He swerved into the side of me but didn't stop. And he wasn't even at the junction, so wasn't trying to turn right. I get done for careless driving, he gets away with D&D and gets done for failing to stop. I was only 18 at the time and my insurance went orbital. That drink driver literally cost me £1000's.

Around all junctions there should be hazard lines (long white bits with short gaps) as opposed to lane markings (short white bits, long gaps). If you hit someone pulling out of a junction while overtaking, and there are hazard lines, you are both to blame, according to the law.

I would take it on the chin and go for the knock for knock.

Jerome.

[This message has been edited by Jerome (edited 18 December 2000).]

camk

Think yourself lucky, British guy I work with in Germany. Has fully comp insurance, Gets lost, does a U turn in small village and then proceeds to drive along a small country road on the Left side(only been here a few weeks). Sees car coming the other way and so drives off the road. By this time the other driver has panicked and slammed on the anchors in the rain, skids right off the road and into the side of my mates car.

Result:- Gross Negligence(crap driving) and insurance will pay him nothing !!!! Despite fully comp and being off the road when hit by the other car.

BTW they don't insure Lift Off oversteer in Germany either, if you are in an accident and are deemed to be driving poorly, you pay regardless of what insurance you have.

Think yourselves lucky

Cammy

banshi

GMT
Every sympathy but I've similar experience. Overtaking on a clear road, at least one and a half miles straight & downhill, in an Escort van. Car I'm overtaking accelerates and holds me out for longer than expected. Rep pulls out of a junction on the right at the bottom of the hill with out stopping at the halt sign!

I avoid T boneing him by throwing it right and dodging behimd him, but as the pillock paniced and droped anchor I caught the back bumper scraping the vans rear quarter.

Car I've overtaken does not stop surprise surprise. Rep claims I was travelling at excessive speed (in an Escort van!!!) and when he checked the road before pulling out I had not moved to overtake.

Result? My fault for overtaking approaching a junction. No knock for knock offered, irrespective of the stupidity of others it was judged to be down to me.

Company insurance so more a matter of indignation than £££.

Wish you luck, but if I were a betting man...


Dave,
You missed out the repairers and customers on the make. First question when asking for a quote "Insurance or Third Party". Fully comp and the the alloy grazed six months ago needs replaced, the fogs become PIAA driving lights and the bill heads into the stratosphere.

Please don't quote, company engineers and loss adjusters to me. Already got the T shirt.