Accident Advice Please

Alz_D

Alz_D

Alz_D

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Evening All,

After a bit of advice for a friend really. She had an collision in a supermarket car park the other day. Problem is her excess is £750 and she will lose her 1 year no claims if this goes the wrong way. So here's what happened :

She was pulling out of a junction in the car park turning right. Nothing was coming from her left. Car coming from her right was turning left down the junction she was coming out of. No problems so far - HOWEVER a car behind the car turning left over took it as my friend was pulling out and the two collided. Front of my friends car with the nearside (passenger) front wing of the overtaking car.

Having googled this it seems that fault lies with both parties. His for overtaking when it wasn't clear but her, possibly more so, because she exited a junction when it wasn't safe to do so.

Can I have your opinions at who is at fault please.

Thanks

No comments that she should let her insurer decide please :D
 
I'm asking because the guy has offered to settle if she repairs the wing on his car and this will cost far less than if they claim and she loses or it get's 50:50
 
Cheers for the reply. Even though she pulled out of a junction when it wasn't clear?
 
It was clear when she pulled out though - you do not overtake vehicles at junctions, the highway code specifically states this. Car pack though.
 
Jokester said:
It was clear when she pulled out though - you do not overtake vehicles at junctions, the highway code specifically states this. Car pack though.
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Despite this, the overtaking car still had right of way over someone joining the carriageway - certainly not 100% fault either way
 
That's the problem - and for the sake of a couple of hundred quid is it worth the risk of losing a £750 excess and potentially an extra £1000 on her premium next year?
 
Alz_D said:
That's the problem - and for the sake of a couple of hundred quid is it worth the risk of losing a £750 excess and potentially an extra £1000 on her premium next year?
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No. But there's nothing to say the guy won't a) come back with a stupid quote for the damage or b) claim whiplash later.

I'd say it'd go 50:50, so if I trusted him I'd pay for it, but people can be rather nasty with stuff like this.
 
Nowt about an extra grand on her insurance mate.
I wrote off my Focus, 2.4k claim, My insurance went up £90 the next year.

As above if your friend was turning right out of a junction, someone else turning left into the junction then the car that hit her must've been on the wrong side of the road whilst overtaking.

Theres no guarantee he'll not take the money then claim anyway or throw a whippy claim.
 
Alz_D said:
The damage will be done by the company I work for and the guy is alright to be fair.
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In which case I'd get the damage fixed. If she's got 1 year NCB then I assume she hasn't been driving long/is quite young, so a 50:50 claim would vastly increase her insurance.
 
Yeah she's only been driving a year and is young. Regards a whiplash claim i think the claim would go 50:50 - so that wouldn't be an issue I don't think but at 50:50 she loses her excess and the potential rise in premium next year - the 1k example was based on what she paid for her first year vs this year with the 1 year NCB.
 
Jokester said:
Entirely the other drivers fault I would have thought.
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Why do you think that?

If this was on a road in and out of a car park then it probably is a small road. Going slightly round a slow turning vehicle is pretty common on the roads.

I bet it would be hard to even prove it was an overtake but the driver closely following the vehicle turning left.

Who here when turning right, across a vehicle turning left, doesn't check what the vehicle behind is doing? It could easily be the case that if the vehicle behind is far enough back, they don't even have to slow down for the vehicle turning left and will be coming at you at 30mph or more.
 
muon said:
Why do you think that?

If this was on a road in and out of a car park then it probably is a small road. Going slightly round a slow turning vehicle is pretty common on the roads.

I bet it would be hard to even prove it was an overtake but the driver closely following the vehicle turning left.

Who here when turning right, across a vehicle turning left, doesn't check what the vehicle behind is doing? It could easily be the case that if the vehicle behind is far enough back, they don't even have to slow down for the vehicle turning left and will be coming at you at 30mph or more.
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Do you check if there is a vehicle coming out of the junction?

The fact is, the highway code states you should not be overtaking vehicles going past junctions for this very reason.
 
Jokester said:
Do you check if there is a vehicle coming out of the junction?
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I probably wouldn't be overtaking if the visibility was poor for a driver coming out of the junction. If it's clear then I would assume they won't be coming as they have no right to. But that's just being careful.

The fact is, the highway code states you should not be overtaking vehicles going past junctions for this very reason.
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Which bit?
 
Jokester said:
Rule 167.
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I understand that bit, because you might hit a vehicle on the wrong side of the road. That would entirely be your fault.

However, I don't think the OP made it sound like that.

edit:

Diagram I suppose would help, but from the damage given, I would question what is being defined as an overtake. Going round a slow turning vehicle is very common.
 
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