Week to forget about...

MR_Punk

MR_Punk

MR_Punk

Soldato
Joined
23 Mar 2004
Posts
8,539
Location
Up t'north
Well Im in no mood to digress on a huge scale so heres the short run down.

Passed my test last tuesday(so happy, one of the hardest things I've ever done but passed with flying colours). Bought my first car on Sunday. A Vauxhall Corsa 1.2LS. Nice car got a few things for it eg: CD Player etc. All goes well did around 200 miles getting used to the roads all week untill today. Coming passed my local ASDA when an Artic decides to hit me, how nice of him. Car in pieces, Me in hospital but dont work nothing serious just bumped and bruised. An I ring my insurance company to find out that they want me to share the blame. Which is not happening because it was noway ever going to be my fault..ever.

Anyways thats the lot, sorry if It doesnt make sense but I'm tired and aching.

Thanks

+44
 
To be honest your insurance company won't have taken the decision to share liability lightly, they'll have done so becuase they consider the chances of recovering from the other driver are very slim, either becuase there are no witnesses and it's not a clear situation, or becuase it was half your fault.
 
I was coming down a two lane road, the left lane. The truck was on the right. The left lane was for straight on only and the right was for straight on and right. We were both at some traffic lights and both set off, I was slightly faster than him about half my car in front of him when he swings out left to turn right. If I'd have been any further over I would have hit the curb.

+44
 
megakid said:
Nasty, Im guessing you didnt get any witnesses stop then?
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Unfortunaltley not, everyone was really helpfull shouting abuse. When the driver got out of his cab he said he didnt see me in his blind spot though, even though I was parked next to him at the traffic lights for about 45 seconds. However he may have been told not to take responsiblity by his boss.

+44
 
Plus-44 said:
I was coming down a two lane road, the left lane. The truck was on the right. The left lane was for straight on only and the right was for straight on and right. We were both at some traffic lights and both set off, I was slightly faster than him about half my car in front of him when he swings out left to turn right. If I'd have been any further over I would have hit the curb.

+44
Click to expand...

So you were side-swiped by an arctic... and how could that possibly be your fault? The only way I can see if you did any wrong would be if you were to see him indicating right, waiting at the lights and he was already straddling the two lanes and you squeezed up the inside. Even then he wouldn't have much of a defence.
 
Guigsy said:
So you were side-swiped by an arctic... and how could that possibly be your fault? The only way I can see if you did any wrong would be if you were to see him indicating right, waiting at the lights and he was already straddling the two lanes and you squeezed up the inside. Even then he wouldn't have much of a defence.
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Side Swiped thats what its called, been thinking of that all day. Whats should my approach be with Insurers so I dont get the blame then. I was at the traffic lights first!

+44
 
Plus-44 said:
When the driver got out of his cab he said he didnt see me in his blind spot though
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To me its a bit of both of your faults. I knew before i started driving not to hang around a lorries blind spot if it can be avoided. Definately his fault for moving over, but if you stayed i his blind spot from the lights then as far as he knows theres nothing there.
 
Stellios said:
To me its a bit of both of your faults. I knew before i started driving not to hang around a lorries blind spot if it can be avoided. Definately his fault for moving over, but if you stayed i his blind spot from the lights then as far as he knows theres nothing there.
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If he came to the traffic lights when I was already there he surely saw me and I thought the blind spot was behind them, I was half car in front of him.

+44
 
Depends, in an artic its hard to see things right beside the cab unless you have those down pointing mirrors, swinging left to turn right is a valid move but only if nothing is in the way, if it went down as you say and he came into your lane then its his fault, proving this could be tricky, so it may go 50:50.
 
If you were at the lights first, he has no excuse as he should have seen you.

If you pulled up second, you have less of a defense. Like I said, if he was already straddling the white line and indicating right as you approached and you squeezed up the left side, you were risking it. It depends on the layout of the road I guess, but someone might argue that you should be able to tell that a long HGV would need to swing out to make it in to the side turning.

However, if you were stationary at the lights and then they went green, he still pulled into a piece of road that you had right of way on. He admitted that you were in his blind spot and he didn't see you. Need to write that in. Basically you have to write it like it was.
 
Basically its my word against his unless he takes the blame. It is a company by the way they may not want the hassle over a £700 Corsa.

+44
 
Guigsy said:
If you were at the lights first, he has no excuse as he should have seen you.

If you pulled up second, you have less of a defense. Like I said, if he was already straddling the white line and indicating right as you approached and you squeezed up the left side, you were risking it. It depends on the layout of the road I guess, but someone might argue that you should be able to tell that a long HGV would need to swing out to make it in to the side turning.

However, if you were stationary at the lights and then they went green, he still pulled into a piece of road that you had right of way on. He admitted that you were in his blind spot and he didn't see you. Need to write that in. Basically you have to write it like it was.
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I couldnt see why he had to pull out left to go right it isnt a sharp bend at all its a really generious bend with 2 lanes. I also didnt even know if he was legit going right he could have just said that after. He may have just lost concentration and drifted into my lane.

+44
 
If it's clearly easy for an HGV to make a right there without swinging out, go take some photos. If you really doubt he was going to turn in, was in an ASDA lorry? You can challenge it, he'll have records of where he's making deliveries. Why else would an HGV be in the right lane with nothing on its left? I'd say he was probably going right.
 
It was this lorry/truck:

DSC00057.JPG


Only damage was a piece of plastic falling off btw.

It was the ASDA I work at to make it worse so I know the road like the back of my hand.

+44
 
I've heard of insurers pushing for 50:50 in some cases because of the fact they can bump up the cost of your policy in future. lets face it by the sound of things they arent going to have to pay much in repairs to the artic
 
I would argue/instruct your insurance company that you are to not accept any liability. If they say no, tell them to cease acting on your behalf. There are plenty of no-win-no-fee type accident companies that will see this case and take it up in a moments notice.
 
I wouldn't back down on this, talk to a solicitor and put up posters around asda, most people will go through asda and if you work there will know you (by face) and might come forward. Witnesses = win. Go back to where it happend, see if its covered by any cameras etc.

Hopefully provide enough of a case to have it in your favour.

KaHn
 
From an insurance point of view, with out any witnesses it is going to be very hard to say who hit who if both drivers swear innocence.

See pics below:-
What should have happened-
1yx6.jpg


BUT the insurance could see it happening as either-
2rk1.jpg


Or
3hl3.jpg


Without any witnesses, the insurance companies will simple place you both at fault.
 
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