Accident Help

Nathan

Nathan

Nathan

Soldato
Joined
4 Feb 2003
Posts
5,374
Location
West Midlands
My brother is not having much luck lately :(

Paint skills map of accident

maptp9.jpg


Right, my brother (red) was taking third exit from A41 to join M54 towards birmingham. He got onto the roundabout and got in the inside lane with indicator on. As he was going around at approx 40mph an old lady (blue) in a silver fiesta pulls out of the m54 junction onto the island and goes straight into the inside lane without no indicationg right in front of my brother, he instantly hits her rear quarter pannel and swerves off the roundabout, up the curb and stops.

She would not give him her details to start with as she was saying he was speeding, which he was not (national limit) so he rings the police who come and take statements. He had a passenger who is acting as a witness and this story matches his and she has no witness.

A woman stopped and said she was next to her and seen my brother come round, so did not pull out but seen the old woman pull out directly into his path and she was shocked she did this. unfortuantly she left the scene without giving details.

Who is at fault? Even the police officer said she really needs to take her test again :rolleyes:

I have taken photo's and drawn out the above image to give to insurance
 
It was clearly the old lady's fault. Your brother had right of way and can establish primary liability. I wouldn't worry at all on that one.
 
What was the old womens statement to the police? She could claim your brother rear ended her and it was his fault.

Jokester
 
Gillywibble said:
It was clearly the old lady's fault. Your brother had right of way and can establish primary liability. I wouldn't worry at all on that one.
Click to expand...

the police can do this one of too ways

No.1 there knowledge of many many RTA's

No.2 there little pc program they have they enter all cars detials Eg road markings trye marks ect
 
No question at all - he's established on the roundabout, she has failed to give way and/or notice the position of his vehicle and pulled into his path, resulting in a collision and damage to his vehicle.

Whether he was speeding or not (and I note you say he wasn't) she has no way of proving this. Even if he had been speeding, she's still pulled into his path.

Hope he gave her 5 accross the eyes.
 
I love people who say "OMGZ You were speeding" without having anyway of actually knowing.

I took my step-brother out in my car and drove down the street. Empty street, no-one around so I floored it in first gear to around 4000rpm and changed gear. I was doing about 20mph.

To the bottom of the road, turn around and set off again normally. This woman comes out of her house and stands in the middle of the road and starts with the whole "you were speeding bla bla bla"

I just laugh and tell her "no, the reason you think I was speeding was because you can hear my exhaust. I see so many people doing silly speeds down here, but they're ok because you can't hear them in their big flash executive cars"

That soon shut her up. Muppet.

Nathan, sorry to hear of your brothers accident. There are some complete morons out there. I was once flipped the bird by some woman when I tooted my horn as she pulled out onto a roundabout which I was navigating. Charming!
 
agw_01 said:
I love people who say "OMGZ You were speeding" without having anyway of actually knowing.

I took my step-brother out in my car and drove down the street. Empty street, no-one around so I floored it in first gear to around 4000rpm and changed gear. I was doing about 20mph.

To the bottom of the road, turn around and set off again normally. This woman comes out of her house and stands in the middle of the road and starts with the whole "you were speeding bla bla bla"

I just laugh and tell her "no, the reason you think I was speeding was because you can hear my exhaust. I see so many people doing silly speeds down here, but they're ok because you can't hear them in their big flash executive cars"

That soon shut her up. Muppet.

Nathan, sorry to hear of your brothers accident. There are some complete morons out there. I was once flipped the bird by some woman when I tooted my horn as she pulled out onto a roundabout which I was navigating. Charming!
Click to expand...

heheh I didn't know other people were so thick! (Actually I probably just never thought about it, as thick is plentiful) Whenever I take my nan out I have to keep the revs down, and god forbid i hit the turbo, she'll think 10mph is fast if she can hear the engine! Thankfully I have a big boot.
 
That's the thing, people associate high revs with high speed. They don't seem to realise that cars have gearboxes and you can actually hold the car at high revs in 1st gear (although quite uncomfortable) without moving more than say 15mph.

I see many a Range Rover Sport Diesel or BMW 320d doing 30+ mph down this street (and it's quite a narrow street with kids playing etc) and no one bats an eye-lid, but when I pull into my driveway with my exhaust burbling away, I get curtains twitching and my nextdoor neighbour's cat shaking its head at me.
 
Last edited:
Silly old cow, really are too many on the road never mind the lads aged 17-21, I hear more horror stories about coffin dodgers :p. Like the one that plowed into the back of my Focus without a care in the world. :rolleyes:
 
Ehhh! an old lady pulled out and began crossing a roundabout as I was going over and EXITING it - needless to say I braked as soon as I spotted something in my drive path on the exit but still managed to knock her mobility scooter which toppled over due to those spongy tyres they have. I got out, helped her up as did another passer by, she joked about giving me bad luck as she was born on the 13th on a Friday and said she wanted to go home.

Later I gave a report to the police (2 officers) who had conflicting statements to give me.

Officer 1: very nice guy, understood the situation, had clearly seen the scene of the incident before and knows what old people can be like. we both agreed that I did nothing wrong.

Officer 2: (who arrived moments later) was a right **** - He would not listen to anything I had to say, he claimed it was my fault because I was not driving with due care and attention hence why I knocked a pedestrian over who was crossing the roundabout on my exit. I mentioned that since I was already on the roundabout and going over to my exit I had right of way because you cannot stop in the middle of the roundabout especially when someone on a scooter suddenly decides to pelt it across!

Officer 2 left shortly after this and I had a conversation about Officer 2 not even listening to my statement - he agreed that the other guy was a bit off and that he'd have a word later on.

Well whatever word he had must have been a good one because 2 months later I get the police report in the post which states that their investigation found no evidence of me doing anything wrong and they would not take the matter up any further.

I also got a letter from the old bag's solicitor stating that she wishes to file damages. The letter claimed I failed to stop or slow down and that I was speeding. Hmm yes speeding...she'd be dead if I was speeding and did not stop. The letter also had poor grammar and spelling errors which I spotted on first read.

Needless to say my insurer has been notified about everything and I have forwarded all documents to their legal team, TBH she doesn't stand a chance of getting a penny, she's just an old hag being an old hag :|

Like yourself I am just shocked at how Old people are allowed unsupervised out on the roads be it in a car or on their damn mobility scooters - they're a serious risk to us who use the roads normally.
 
Last edited:
The bit that bothers me is "hitting the rear panel"... just wondering if some smart arse member of the geriatrics family will persuade her to make an issue....

Oh and don't take a policeman's word for anything unless you have it in writing.
 
You must log in or register to reply here.
Back
Top Bottom