Soldato
yes mate
had a accident this morning :(
- Thread starter wijcc
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Whilst the biker was doing something 'wrong', equally so was the OP in pulling out without being able to see if it was clear.
Should you be getting done for driving without due care and attention, imo no.
But it's not exactly a cut and dry 'you did nothing wrong' situation, you're both to blame and clearly the police are putting that more on you, and you did effectively pull out in front of him.
If you fight it I can see you losing very easily, which means conviction + fees, insurance then becomes a pain, and the overall costs are way more than £182, you'd be an idiot to fight it imo.
And as for insurance, as said, you both did things wrong, 50/50 is the 'right' outcome imo.
Should you be getting done for driving without due care and attention, imo no.
But it's not exactly a cut and dry 'you did nothing wrong' situation, you're both to blame and clearly the police are putting that more on you, and you did effectively pull out in front of him.
If you fight it I can see you losing very easily, which means conviction + fees, insurance then becomes a pain, and the overall costs are way more than £182, you'd be an idiot to fight it imo.
And as for insurance, as said, you both did things wrong, 50/50 is the 'right' outcome imo.
If it's any consolation OP - I would have likely of done the same as you and would have unlikely checked right after ensuring it was clear/safe to move out for the first time (IE Traffic in that lane was stopped and was clear to move out). Quite frankly anyone overtaking like that at a junction deserves to get wiped out. Ridiculous place to overtake, especially at a speed in which you could not stop SHOULD someone of pulled out.
Soldato
Wrong. It was on a single carriageway and the truck had stopped to let him out. NOTHING should have been on the oposite side of the road overtaking anyone.
see above post. he pulled onto his own side of the road. the biker drove into him effectively
why would he lose easily. it happens a million times a day where another vehicle lets another out. it's the bikers fault clearly.
^ This ^
The OP was following the highway code and doing things by the book, the biker was violating the highway code and crashed during an illegal overtake, hard to see how that can go against the OP.
If we're being pedantic then the lorry flashed his lights, by the rules of the highway code this is intended to let people know you are there.
And whether the biker was doing right/wrong doesn't instantly absolve OP of any blame.
Again, whether the biker was doing something wrong (note not illegal afaik, just contrary to the highway code, much like taking a flashing of lights to indicate you're being let out
) doesn't matter, he had 'right of way' by virtue of being on the major road rather than being the one coming out of a minor road.It's clearly both parties fault, clearly there's an argument that when he pulled out he wasn't paying due care and attention, and that's obviously what the police believe to be the case.
Worded badly potentially but I didn't mean to say he'd lose easily, I meant I could easily see him losing, completely different meaning. Personally I believe it's harsh, but I can also see that given the option of a 'minor' cost but no further problems, or pushing it to court, I'd take the cost option anytime.
Remember if he does lose and get convicted of driving without due care and attention, the cost of that is likely to be higher than the cost of the course, and add in the next 5 years of declaring it to the insurance company and it's almost definitely going to cost more.
It's worth re-iterating, I don't believe the OP should be getting done for driving without due care and attention, but he is and frankly I think it's idiotic to go to court for this when there's a definite chance of losing and the cost of losing is more than another option being provided...
To you or me it's clearly not the OP's fault, however in a court of law common sense is not applied - the law is.
I would have thought you will lose, and then be potentially stuck with a conviction and thousands of pounds worth of fees to pay - you lose and you'll end up paying the other sides fees as well.
I would have thought you will lose, and then be potentially stuck with a conviction and thousands of pounds worth of fees to pay - you lose and you'll end up paying the other sides fees as well.
You realise he has now managed ot contact his witness yeah? how the hell could he lose, like I said above he was following the highway code and doing everything by the book wheras the biker was performing an illigal overtake when he hit the OP
You realise he has now managed ot contact his witness yeah? how the hell could he lose, like I said above he was following the highway code and doing everything by the book wheras the biker was performing an illigal overtake when he hit the OP
The lorry driver flashed his lights, the eyes of the law this means he was informing other drivers he was there - NOT that the OP should pull out.
The bike rider was performing an illegal overtake, but the OP was also pulling out when he couldn't be 100% sure it was safe to do so.
Both parties are in the wrong, therefor going to court is going to be a massive risk. If he loses (and remember he would be fighting the Police, not the biker), so all the Police need to prove is that the OP was not driving in a safe manor.
It's a very risky method that could easily land the OP with a conviction, thousands of pounds of fees for himself and thousands of pounds worth of fees from the other side.
It's such a dangerous approach when he is being offered to basically pay £183 for everything to all go away.
Going to court means he stands to win £183 back basically, but losing me he could face a conviction and a bill for thousands. How is that in any way a sensible thing to do. Also remember this is totally separate from the insurance claim, even if he wins in court it still doesn't change the insurance going 50/50.
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Soldato
Think the above is right...£183 and it all goes away, or go to court and have loads more stress waiting for outcome etc...
Caporegime
I'd get some proper serious advice and see what they say
That is all
That is all
You can never ever be 100% certain its safe to do so in that kind of situation, the court will see that the OP did everything possible/correctly according to the HWC and that if it wasn't for a nut job biker violating multiple highway code rules the would have been no accident, I mean look at all this:
The DO NOT is a legal requirements and violation constitutes a criminal offence (hence my illegal overtake comment) the DO NOTs may be used in evidence in any court proceedings under the Traffic Acts (see page 124) to establish liability.
Assuming the witness will go to court all the OP needs is semi competent legal representation and some testicles and he will walk it.
I have contacted and spoken to a "specialist" motoring solicitors firm. I emailed and circumstances of the incident and the pics I had. He stated that -
If I decided not to take the course and it was ti go to court I had a very good chance of winning the case with the details I have given him. If it did go to court the cost of his firm representing me would be £2500+Vat approx.. and he also thought that a specialist would be needed to recreate the circumstances of the accident, examining the skidmarks etc.. which would bump the overall cost of the case to £4000~… and there is a possibility that even if I was to win the case that I would not be able to recover all this cost.. as their costs as a specialist motoring legal team are higher than others and is over the limit the courts payback.
However there is a possibility that I will not need to go to court even if I decide not to go on the course as police or prosecuting authority may decide not to prosecute given the evidence (but not the pics.. as the police do not have the pics).
I am going to contact a few more solicitors and see what they say.. but given the legal fees.. I may have to take the course albeit with gritted teeth
If I decided not to take the course and it was ti go to court I had a very good chance of winning the case with the details I have given him. If it did go to court the cost of his firm representing me would be £2500+Vat approx.. and he also thought that a specialist would be needed to recreate the circumstances of the accident, examining the skidmarks etc.. which would bump the overall cost of the case to £4000~… and there is a possibility that even if I was to win the case that I would not be able to recover all this cost.. as their costs as a specialist motoring legal team are higher than others and is over the limit the courts payback.
However there is a possibility that I will not need to go to court even if I decide not to go on the course as police or prosecuting authority may decide not to prosecute given the evidence (but not the pics.. as the police do not have the pics).
I am going to contact a few more solicitors and see what they say.. but given the legal fees.. I may have to take the course albeit with gritted teeth
from what I can see it defo looks like the biker at fault he was over taking the stationary vehicles on your side of the road i am not sure if u should bother looking into solicitors tho because it will add extra costs to you have you been on to your insurance company i am sure when u show them the pictures it will show the bike is at fault
There is two separate possible cases going on involving this incident.. the insurance claim and a separate police case against me
In that case DO NOT accept the police ruling against you and take the course as the bikers insurance company would be able to use that against you as an admission of fault.
Caporegime
As we suspected then.
yes you would most probably win, but with those sorts of costs, can you afford to risk it ?
Gritted teeth time i think. £180 to make it all go away isn't a lot in the grand scheme of things.