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

[Fatboy40]

Just posting this to let of steam, and see if any others have been in a similar situation ?.

Last night driving home from work at around 5.10 pm I went to overtake two cars on a streatch of road with a long clear view ahead, indicated and as eveything was clear I proceeded to overtake moving into the opposite lane. Now when I draw level with the first car infront of me, I'm doing around 55 MPH, it indicates and proceedes to attempt to overtake the car infront of it !.

Allmost a brown trouser event, but I slam the brakes on and vere even further to the right and mount a grass verge, but the car still attempts to overtake and hits me on the passenger side (nice metal thud sound).

We both pull over a little further up the road when it's safe, swap details and inspect the damage. At no point do I say sorry at I was not at fault, but neither does the other driver. I get home and get a severe telling off from the wife for taking her car (registered in my name and I'm the primary named driver on the insurance) in to work that day and not mine (ouch !). Once the kids are in bed I drive back to where the accident occured and take photos, you can see where I braked hard and had to swerve to try and avoid the other driver.

I get home and check the photos, and by now it's around 8.15 pm and there's been no call from the other driver so I call her, we swap insurance details etc but still no apology, and I even kindly offer to e-mail my photos to her which she accepts and I do later that evening.

I've now lodged all of this with my insurer, however, I get the feeling that this is going to get sticky with the other driver not admiting liability. When I spoke to her both times she was very cagy and really didn't say much, which annoyed me, but I was very polite at all times and asked her if she was ok multiple time as well I'm a decent guy.

The only issue I have is that as this is a second car for our family, and money is tight, I chose not to take legal cover, although if this becomes a nightmare I may contact a solicitor and get them involved.

Thanks

[dave87]

I would think from what you've said that it would be her fault, but be wary of the insurance company wanting to go 50/50. Were there any independent witnesses at the scene?

As to legal insurance, you could simply use someone like Europa Consultants or Helphire - they deal with it all for you, and provide you a replacement car in the mean time. You can take out an insurance (about £10 iirc) with them for the cost of the hire car incase it goes down the 50/50 route. No charge to you to use the service, but they generally are only willing to take claims they know they can win

Best of luck anyway chap, I had an accident in Sept last year, and it is only now finally being sorted...

[GoNz0]

mirror signal manoeuvre

she failed so she is in the wrong

[Fatboy40]

I would think from what you've said that it would be her fault, but be wary of the insurance company wanting to go 50/50. Were there any independent witnesses at the scene?

Being as honest and impartial as possible, I couldn't sleep last night so spent hours awake thinking about it, it's definately her fault as if she had looked in her drivers door mirror or over her shoulder she'd have seen me as clear as day.

The 50/50 is what I worry about, as that way we both loose our NCD, and I have to pay my excess as it won't be recovered from her insurer.

No witnesses came forward, however, there was a Royal Mail van right behind me who must have collected post in the previous village, but rather than also pulling over he just proceeded on to the Post Office in the next village just across from where we pulled over and was then he was gone in a flash (deadlines to keep and was not wanting to get involved ?). Now I wish I'd ran over to him and stopped him

[Fatboy40]

mirror signal manoeuvre

she failed so she is in the wrong

She signaled and manoeuvred, but just missed off the mirror

[Barakka]

her car (registered in my name and I'm the primary named driver on the insurance) ...and not mine

Ahem... we'll leave that one there...

...we swap insurance details etc but still no apology... with the other driver not admiting liability.

Don't worry too much, Everybody knows these days... Don't Admit Liability !!! It's in all the insurance packs that get sent out, even if you know it's your fault, don't admit liability. She's just doing what everybody should do...

[oolon]

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.

[Mossy]

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.

[oolon]

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

It maximises the premium bump as they can hit both parties!

[Chris P]

Fatboy40

The best option would have been to call and wait for the Police to come and take statements and take photographs of the scene after the accident occurred.

If you can find witnesses this will help you to back up your case but what did happen needs to be proven for you to win your case in court, which is where this will end up unless a 50/50 offer is accepted, which is something the third party insurers will no doubt offer.

The need to overtake also needs to be taken into consideration as well, what kind of road were you travelling down, what was the speed limit and what kind of road marking were on this road at the point you made the choice to overtake?

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

[eshrules]

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

What type of road was you on?

I'll re-iterate this one.

Also - why were you overtaking two cars? I always thought the way to overtake, if on a national speed limit carriageway, was to ensure the path ahead was clear and overtake one car at a time, provided there is space, moving in behind each car before making a decision to overtake the next, no?

as you were both on the wrong side of the road, I fear it'll be a knock for knock as above.

[Chris P]

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.

[dave87]

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

What type of road was you on?

Now when I draw level with the first car infront of me, I'm doing around 55 MPH, it indicates and proceedes to attempt to overtake the car infront of it !.

Generally you accelerate to get past the vehicle ahead, and as such doing under the speed limit (I presume it is a 60mph section) when you are drawing alongside the vehicle in front is not unreasonable IMHO.

[dave87]

Also - why were you overtaking two cars? I always thought the way to overtake, if on a national speed limit carriageway, was to ensure the path ahead was clear and overtake one car at a time, provided there is space, moving in behind each car before making a decision to overtake the next, no?

When I was training for the IAM qualification on the motorbike, I was never told to move in between overtakes - quite the opposite in fact. Once out and exposed to danger (eg on coming traffic) you will often have a better range and quality of vision, and as such the safer option may be to continue overtaking the cars, 2-3 or more at a time. However the system teaches you to sacrifice everything in favour of safety, so that includes vision, speed and road positioning - so if you are unsure as to whether you will get past both safely, one at a time is the approach to use. It is also important to minimise time exposed to danger, but again not at the expense of safety - so the smoother line may be to overtake two cars in one go.

However there is nothing to say you cannot overtake two cars at once, and indeed I have done in the past and and will do in the future.

as you were both on the wrong side of the road, I fear it'll be a knock for knock as above.

I don't disagree with this though

[kalniel]

I wouldn't worry about her being cagey or not admitting liability - remember it's often written into insurance instructions not to admit liability regardless of fault these days, so she's simply following her insurance instructions.

[chadders]

No witnesses came forward, however, there was a Royal Mail van right behind me who must have collected post in the previous village, but rather than also pulling over he just proceeded on to the Post Office in the next village just across from where we pulled over and was then he was gone in a flash (deadlines to keep and was not wanting to get involved ?). Now I wish I'd ran over to him and stopped him

Go to the Post Office and find him - who drives what, when, where will be logged.

The best option would have been to call and wait for the Police to come and take statements and take photographs of the scene after the accident occurred.

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