Car accident, not my fault but think other party may not admit liability

[Andeh13]

Surely if you hit the bank/grass verge you would have dug it up somewhat? A few pictures of that along with skid marks etc is enough proof that she drove into you? open & shut case

[Fatboy40]

The problem is the accident happened on the wrong side of the road, you were definitely there, if she pulled out she was too. Normally the party at fault is the one on the wrong side of the road. The problem is she might claim she didn't pull out and you in fact went into the side of her car. The damage would back that up. I cannot see how an insurance company will make it her fault (even if it was), my guess is on 50/50 however they might say its your fault as you were overtaking and it was not safe as you should have let her overtake first.

I think it will end up 50/50, tricky one this as the overtake was safe as the road was clear and no vehicle infront of me was indicating, and when I began the manouevre she was not indicating and she did not until I was beside her vehicle at which point I slammed on my brakes and tried to avoid her by moving further right onto the grass verge.

I did everything by the books, and did all I possibly could to avoid her short of going right over the grass verge and going into a field which may well have caused my car to flip over.

[Fatboy40]

So you was doing 55MPH before you decided to overtake 2 cars?

What type of road was you on?

Hope you get it sorted but TBH think it will be a 50/50 thing Insurers tend to like this option these days.

Nope, I was overtaking two cars with the car at the front being a silver Renault Clio that was travelling at approx 40 MPH (and at one point it was going as slow as 35 MPH), and I was at 55 MPH when I was beside the car I was overtaking.

I was on an straight stretch of A road.

[Fatboy40]

I also suggest all contact is made through your insurers and not directly to the other driver.

Agree 100% with this

[finlay666]

If in doubt always best to contact the police and take photographs if possible

Although it sounds like she is at fault (not checking mirrors/blind spot before changing lanes) it will no doubt end up as 50/50 like others suggested

[Fatboy40]

There is nothing in the highway code about how may cars you can overtake legally as there could be 2 vehicles travelling at a speed of 10 MPH or less, which need to be overtaken. It sounds like this was a Single carriageway way, with a limit of 60 MPH, so at the speeds mentioned here I would say it was not necessary to overtake and therefore not blameless, therefore you are lucky if you receive a 50/50 offer, especially when there was a second vehicle to pass.

To re-iterate what Chris has stated you can overtake as many vehicles as safe to do so, I agree that there was no 'necesary' overtake, however, of the two cars infront of me the one at the front of the queue was travelling at approx 40 during a 60 limit so a safe overtake.

I think this will be 50/50, which I do find frustrating as this was totaly avoidable if the other driver had properly checked before making their move...

[Fatboy40]

They wouldn't attend for a non-injury and both swapped insurance details.

After taking the photo's I did stop off at the local Police station, and the very helpfull desk officer did state that as we had swapped details and no one was injured there was no need for the Police to be involved or a case number to be created.

[Fatboy40]

Surely if you hit the bank/grass verge you would have dug it up somewhat? A few pictures of that along with skid marks etc is enough proof that she drove into you? open & shut case

Well, a sane individual would think that (and I have the photo's showing skid mark and where I mounted the verge) but we're talking about insurance companies here and money is involved

[chadders]

In general I think without witnesses or CCTV of some sort, the insurers will go 50/50 as it's your word against theirs. It'll start out eg with your claim first and your insurers will lay the blame with the other, then they'll either cave or they'll deny it. Unfortunately she could say anything.

Tracing the postie would be easy, but then it depends what he's going to say!

[Fatboy40]

I think even with my photos this will end up being 50/50 as I had the immediate feeling that the other driver will not admit fault as soon as I spoek to them, which angers me when I've done nothing wrong.

S**t happens eh ?

[Chris P]

Fatboy40

I hope you win dude but I think it will not be as easy as you think, especially if there are no witnesses.

Good luck and keep us updated...

[ikonia]

overtaking two cars at once....on an A road. While this clearly doesn't sound like your fault, could this be considered dangerous driving or at best without due care and attention. Isn't there something in the highway code about not overtaking multiple cars at once ?

[Disturbedguy]

overtaking two cars at once....on an A road. While this clearly doesn't sound like your fault, could this be considered dangerous driving or at best without due care and attention. Isn't there something in the highway code about not overtaking multiple cars at once ?

Already covered abpve, as far as peopel are aware, there is nothing in the highway code about over taking multiple vehicless at once.

[[GSV]Trig]

More than one car in an accident you should of contacted the police.

[kalniel]

More than one car in an accident you should of contacted the police.

Yeah but if no-one was injury and both parties have exchanged details there's no reason for the other party to hang around. The police should certainly be informed if there is a suspected breach of traffic laws, but it doesn't actually sound like that was the case, just driver incompetence, which the police will wash their hands of as it didn't result in injury and hand off to the insurers.

[mycarsavw]

http://www.direct.gov.uk/en/travelan...code/dg_070314

You MUST NOT overtake

* if you would have to cross or straddle double white lines with a solid line nearest to you (but see Rule 129)
* if you would have to enter an area designed to divide traffic, if it is surrounded by a solid white line
* the nearest vehicle to a pedestrian crossing, especially when it has stopped to let pedestrians cross
* if you would have to enter a lane reserved for buses, trams or cycles during its hours of operation
* after a ‘No Overtaking’ sign and until you pass a sign cancelling the restriction

[Laws RTA 1988 sect 36, TSRGD regs 10, 22, 23 & 24, ZPPPCRGD reg 24]