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

[[GSV]Trig]

She overtook without looking, technically it was her fault.
However the insurance companies will go 50/50 and sting both of you.

I always find overtaking someone thats overtaking puts a dismayed look on their face

[oolon]

I always find overtaking someone thats overtaking puts a dismayed look on their face

Particularly when its on single carriageway?

[[GSV]Trig]

Particularly when its on single carriageway?

It was a normal B road, fortunetly it was a pretty wide one, stuck behind a tractor and I was 5/6 cars back in a row of a good 15 odd cars, left a gap between me and the guy infront to get a bit of a run up and to widen my view, I went and as I was overtaking the 2nd car the 1st car just swung out, tbh dont think he could of looked infront or behind as he was pretty close to the back of the tractor so wouldnt of been able to see much, I just went a bit wider and kept my foot in.

[Fatboy40]

It would have been nice if I could have just gone very wide of her and avoided her hitting me as above, but that would have placed me right over the grass verge that sloped down on the other side into a field which was far too dangerous.

[[GSV]Trig]

Did you take pix of her and her car?
I always take pix of everything as soon as it happens, stops people swapping drivers or damaging the car for insurance purposes...

[Fatboy40]

Did you take pix of her and her car?
I always take pix of everything as soon as it happens, stops people swapping drivers or damaging the car for insurance purposes...

Only a pic of the rear of her car so that I had the number plate incase the car suddenly sped off, adrenaline was pumping after the event so simple things like getting a photo of her and her damage were forgotten (I've got a crushed wing and damaged bumper, and she only had what I'd class as a small dent and scratch).

[Rave]

You were performing a perfectly legal overtake when she drove into you. If you have photos of the skid marks on the opposite carriageway that would likely disprove any claim that you drove into her.

As you say, it is likely that the insurance companies will go with a 50/50 settlement, but that doesn't mean you have to accept it. If they do offer you that, write a letter back detailing the circumstances of the accident, with a diagram, and point out that you are not at fault.

If that doesn't work, you can take the other driver's insurer's to court to recover your costs, although without legal cover that's not going to be easy. It may be worth seeing if your home insurance provides any legal cover?

Few threads I found while googling:

http://www.zxrworld.co.uk/zxr400oc/v...a034bf455ae88e

http://www.consumeractiongroup.co.uk...lp-advice.html

http://www.advanced-driving.co.uk/fo...t=2928&start=0

[TAKTAK]

There's nothing wrong with overtaking more than one vehicle as long as it is safe to do so.

I.e. I overtook two cars and van last week because both cars decided to tuck in and sit at 30 behind the van rather than overtake. In a 60 zone (50 for the van) on a straight road with ~1000mtrs visible clearance. That to me is a safe overtake...

It's not my fault that some people are just too cautious to think about entering the other side of the road and not leaving room infront for overtaking...

I can't seen anything wrong with the OPs decision... It's just unfortunate that someone failed to safely check for hazards before overtaking in front...

[finlay666]

I.e. I overtook two cars and van last week because both cars decided to tuck in and sit at 30 behind the van rather than overtake. In a 60 zone (50 for the van) on a straight road with ~1000mtrs visible clearance. That to me is a safe overtake...

Only because if you go any faster your exhaust will fall off again

[TAKTAK]

Only because if you go any faster your exhaust will fall off again

It didn't fall off, it merely became insufficient at it's purpose and got a bit droopy...

[Disturbedguy]

It didn't fall off, it merely became insufficient at it's purpose and got a bit droopy...

Sig'ed

[finlay666]

It didn't fall off, it merely became insufficient at it's purpose and got a bit droopy...

It was an epic time at the LAN you doing the work and most of Hexus just watching you
What are team mates for

[alsenior]

It was an epic time at the LAN you doing the work and most of Hexus just watching you
What are team mates for

i helped iirc

[jim]

Does standing around watching count as helping?

In that case I think we all pitched in.

[dave87]

I volunteered Guy to drive us to Focus or whatever DIY store we went to. I think that is classed as helping

[TheAnimus]

technically that's managing or leading dave.