Shorla

Worse bit of driving by a stupid tart ever!!. I was turning right onto a main road and three cars in a row (with no other cars behind them) were turning left wanting to go down the road i was comming out of. As it is quite a narrow road the one in the front flashed me out so i moved out into the middle of the road and i must have been stationary there for bout 6 secs waiting for the other lane to clear. The daft female retard saw the three now stationary cars indicating left ahead of her and instead of waiting behind them like normal people, she dropped down a gear and overtook them on a single lane before seeing me in the middle of the road and hitting the side of me at 50-ish mph in a 30 zone. Here's what gets me. She told the police that there were no cars indicating left and i just came out into the road, hmmmmmm said the copper which is their language for "yhea bol**cks" so as a result the blame has gone down as 50-50 which is half of it was my fault and half hers. She got what she deserved as her car was written off and as she is only third party so now only gets half its value in payout-but it was completely her fault. Luckly everyone walked away with only buruses, but my point is whats the point in paying all the insurance we pay (apart from it being the law)when the other party can just turn round and say the opposite to what we say happened and i get loads of grief from the insurance company and suffer in loast no claims bouness'. Sorry for moaning on just slightly pi**ed off. Anyone had a similar experience??

Krade

Surley there were witnesse, the 3 cars turning would have have been witnesses to the prang and back you up that it was her fault.

Alpine

get a witness... better still someone who was indicating to turn left..

The don't admit liability mantra that insurance companies try and make everyone adopt ensure this almost always happens..

Woz

did u get any of the 'three turning left' as witnesses? any one person to back up your story will def swing it back your way. Hope so. Take it all the way..go to court etc. The person in the right always (one hopes!) wins. I had an incident years ago..driving along at 30 minding my own business when a parked car pulled out without looking..totally scrapped the full legth of my car. She decided to make up some theory of me overtaking an imaginary car, swerved and hit her?
I took pictures of the scene, represented myself and got her to pay all my expenses etc. As u are in the right, the liar will be much more nervous in a court (small room with a judge). go get em!

andycrowther

sorry but it looks to me like you are partially responsible.....she was on the main road and probably didn't see you...had this happen loads when on a bike...car drivers edging out......how come your car wasn't a write-off if it was a crash at 50 mph ?..

moral to story....."don't trust people who flash when you are moving across the flow of traffic!"

Shorla

K few questions there. The cars turning left all went, it unfortunately wasn't the first thing i thought of. There was one old woman who was walking along and "saw it" when the cop asked her, her words wer "well i heard a noise and when i looked they had crashed" and shes gone down as a witness and i was like-oh god. Also if i had drove out and she hit me whilst i was moving id sort of thought well maybe it was partly my fault but i was stationary in the middle of the road for ages. Also im convice that when she moved out to overtake if she never hit me she would have hit something in the oncomming traffic because there was alot of traffic and the road is quite narrow. If part of it was my fault id go hmm ok cos id feel better if i could say it was just one of those things and ill still get the same amount of money-but i just cant.
My car wasnt written off cos she hit smack on the A-pillar which took it all and is pretty strong. Spoke to the mechanic and he said couple of foot to the left thats me with broken legs or whatever and half a foot to the right thats hitting my wheel, snapping the suspension etc and crippling my engine bay.
Im the last person to winge and moan its just after working hard for premiums and diving saftley (some times less than others, he)im still a bit goosed. Sure you guys can understand.

Devil's Refugee

I had an accident at a small roundabout once (one of those large bird-sh*t types in the road which you can drive over) and luckily I had a witness to back me up otherwise it would've gone pearshaped since I was only 17 at the time, so my age would've played a big part in applying fault wrongly. She put on the waterworks for the police but they didn't take no notice.

However, I was told that the Police report would outline who would be at fault, so get a copy as soon as possible and use this with the insurance claim. It seems that from your account they are on your side already.

Best of luck.

andyp1

Firstly I never witness a crash when the cops ask, cant be doing with all the time off and them having the cheek of asking if I was legal when parking on the road. As with crashes before ABS brakes were commonplace, the filth used to be able to measure your speed by the length of the skidmarks. If the cars were not in the same place when the pigs turned up then surely they could work out that she was on your side of the road. Was it double white lines etc ?

MrDBM

sounds sad but i've recently (well, been in the car for six months or so) bougtht a 6quid disposable camera for this sort of thing.

Bagpuss

I had a similar thing happen to me in Birmingham.



Exactly the same circumstances as you, and guess what, the end

result was the same. 50-50 split as far as the blame goes.



As far as the insurers were concerned, I shouldn't have been
sitting in the middle of the road where I could get hit, and
she (it was also a women driver in my case, as well) shouldn't
have attempted to overtake the cars turning left, especially

as she couldn't clearly see that it was safe to do so.



In my case, there were no witnesses, as the persons turning

left didn't bother to stop.



In my case, I was driving a 7 year old Mk3 Escort, so I

didn't really care that it was written off. I also had zero

NCB, as I was in my first year driving. My premium obviously

went up a bit, but the effects are long since gone. The lady

was driving her partners brand new BMW M3, so she was just a

little bit upset ;-)



Andy.



Andy.





[Edited by Bagpuss - 8/8/2002 2:35:53 PM]

medders

AndyP1 - "Filth" and "pigs" are such unnoffensive terms aren't they? I'm really starting to like you.
As for never witnessing a crash, well done for your public spiritedness. That attitude is exactly why this country is going down the toilet.

clintyboy12

Shorla - sorry to hear about your troubles but thought I'd just add that I too, like MrDBM, carry a disposable cam in the car just for this type of thing. In fact if you had it ready you could have taken a pic just before she hit you...??? ;-)

bioforger

iTrader: (1)

Probably end up in bad luck Shorla Bloody insurers [img]images/smilies/mad.gif[/img] I had a smash few years back, where a woman driver decided to come up a buslane the wrong way causing the car next to me to t-bone me. And guess what, 50/50 blame resulted Woman driving up the buslane didnt even get charged coz she didnt hit anything! Wheres the justice in that!

Shorla

yhea been asking around with a few people i know who are police and aparrently they take the top few most common crashes, one of them being mine(-the turning onto a main round and someone going into the side of you) and unless its extreame circumstances eg. over the drink limit then they always go 50/50 to save the insurance companies all hassle and money. Its an agreement between the insurance companies so it gets the drivers involved all the time so they can reduce the costs for them slightly. The end of the the day im not too bothered whether it was her fault e.t.c. its just that i end up paying for it one way or another when yhe perimiums we pay for our cars esp. scoobs are through the roof. All the insurace we pay over our lifes adds up to thousands and thousands and im getting troubles over a payout for a few hundred quid. They should look at the amount im paying them to drive my car and not give such a fight to try and get me to cough up aswell. Fair enough if i was paying a £50 premium on a wacked out old banger but the end of the day im not.

Shorla

Bioforger you crash sounds like the most clear cut thing ever and you not in anyway to blame but they have realised they can now get away with this 50/50 crap. WTF is going on?

andyp1

AndyP1 - "Filth" and "pigs" are such unnoffensive terms aren't they? I'm really starting to like you.
Sorry no offence meant - jus tdone in a light hearted manner

NotoriousREV

Insurance companies are trying that 50/50 crap all the time now.

My mate had some drunk run out in front of his car. He was doing well below the speed limit, braked hard enough to activate the ABS but still couldn't avoid hitting the pedestrian. The pedestrian in question has tried 4 times so far to sue my mate, but on his 5th attempt the insurance company has advised him to admit 50/50 responsibility to "get it sorted out quickly" i.e. they are losing money defending my mate because this a55hole has found that any of the no win no fee places will take him on happily.

Drives me mad! Sorry to be off topic slightly and I hope everything gets sorted out quickly with the minimum of fuss.

Dream Weaver

Shorla - sorry this has happened, but have to say in the eyes of the law it is a 50:50 if not fully your fault. If anyone pulls out onto a main road and is hit by someone on that road, it is their fault.

My sister recently had one of these. Wagon turning right out of side road onto main road. Woman on opposite side of road flashes wagon to go, and my sister is on his side of the road, but late for work so she doesnt flash him out. He turns out anyway, and my sister goes under the wagon in her new Saxo [img]images/smilies/mad.gif[/img] Complete write off, and the wagon driver tried to blame my sis. The Police on the scene told him to be quiet as it was 100% his fault for pulling out.

He said he had been flashed, but the copper told him that doesnt mean anything, and that he had turned into the path of an oncoming vehicle.

Just my 2 Euros worth.

DW

Dream Weaver

Having said that.....

Just re-read your post - can she not be done for being on the wrong side of the road when she hit you???

DW

TonyBurns

iTrader: (3)

Sounds like driving without undue care and attention if shes overtaking traffic in a 30zone, so what happens if she would have hit a pedestrian at 50mph?
50/50's are a pain if your fully comp protected then its not too bad, if your not protected then try to get the full blame on her but due to the fact that you were partially out of the junction they may take that you were also at fault for moving before the road was clear to make your manouvre

AndyP1,
there are quite a few Police scooby owners on this board, offensive language will only mean you wont be very well liked by alot of people, even i know the odd copper (and known them since school) and even some coppers think others are to55ers but we find that most people who call them pigs etc are young and too stupid to do the job that they have to do, ie be more than stretched and still do the job.....

Tony

RogerE

Hang on a moment chaps, you all seem to be quick to jump to the conclusion that its 50/50 blame.

Shorla stated that he was stationery for about 6 seconds.

1 If my physics is correct, 6 seconds at 30 mph is equal to 88yards or 264 feet.
The other car must have travelled approximately this distance before hitting Shorla

2. Are we saying that the other car does not have a responsibility to avoid a collision with a stationery object???

I don’t buy it.

The Highway code states:

"Stopping distances

Drive at a speed that will allow you to stop well within the distance you can see to be clear. You should leave enough space between you and the vehicle in front so that you can pull up safely if it suddenly slows down or stops. The safe rule is never to get closer than the overall stopping distance"

The Highway code states that the stopping distance at 30 mph is 23m, 75feet or 6 car lengths (1.75 secs at 30mph).

SO either she failed to see Shorla - driving without due care and attention.

OR she was driving considerably faster than 30 mph such that SHE COULD NOT STOP IN 75 feet.

I rest my case.

andyp1

Well like I said, no offence meant, it wasnt meant to be in an offencive manner.

chockymonster

50/50 claims suck!

My first accident in my 1.1 fiesta happened when a car left the southbound carriageway of the a127 and landed on my carriageway 10 ft in front of me!
Aparrantly I should have avoided the stationary vehicle!!!!

Eldar

Firstly, was anyone hurt, and was it reported to the police?

Second, have you got uninsured loss loss insurance? Normally a few quid extra on the policy.

Third, Protected no-claims bonus?

You should, it you work at it and get a good witness, be OK. But headlamp flashing isn't a signal that everything is clear....

Colin.

TolTec

Cameras again.

I carry one,
t-bone on a bend,
her skid marks crossing the centerline,
I got a full payout.

Mind you I nearly ready to fit a video camera to the dash so I can get before they hit!!

TonyBurns

iTrader: (3)

I had a 50/50 and that sucked [img]images/smilies/mad.gif[/img] but that wasnt my fault cos the motorway was pretty blocked by some git who decided to spin out, the next car parked in the left hand lane (2 lanes, blind right hand bend up to top of bridge etc) i hit the back of the guy in the left lane as if i would have hit the car in the right lane they wouldnt be alive right now (and they were uninsured so suppose it would have done some good )
But...... the fact is, car A is coming out of a junction, it didnt have enough time to make the manouvre car B is overtaking traffic, this looks like undue care and attention due to the fact she was on the wrong side of the road, this equates to a 50/50 as both cars were in the wrong, car B thou will be done for undue care and attention!

Tony

subster

Definately a 50/50, both parties in the wrong. You pull out in the road and stay stationary at your own risk.It is out of order her bullsh1tting though

K9VYN [Kevin W]

Shola,

My sympathies. Lost my lovely Corolla GTi to a pratt crossing my path to turn right when he could not whether it was clear to turn! I have been told that in a civil court, if you have witnesses, you will most likely win the case and incurr no costs.

Certainly that doesn't help you now. But you are supposed to travel at a speed up to the limit or with consideration for the surrounding conditions (i.e. weather, traffic, pedestrians etc)! Surely, as I am sure others may have stated, she was driving without due care and attention. She should have been able to stop for any obstruction she came across - especially as you were stationary for some time!

Kev

ScoobyDoo555

Sorry to hear this - had the same type of thing last year (somebody went into the side of me).....

Had the car repaired (better than before actually!!!) taking the driver to court as I had a nasty case of whiplash (no, really!!!)

TBC.....

Hope you get it sorted soon - I'd get yourself into casualty just to be on the safe side.....

Dan (before any self-righteous do-gooders start whinging about personal injury claims, I hope you never find yourself in this position...)
<<<getting ready to rumble!!!![img]images/smilies/mad.gif[/img]!!!>>>

edited to add the words i'd missed out - that's Strongbow for you!!

[Edited by ScoobyDoo555 - 8/8/2002 7:27:49 PM]

Attu

Sorry to hear about your crash m8
When did this happen ??? Was it today and was it the police who said it was 50-50 ??
i didnt think police said who was to blame these days unless it was going to go to court ?
The leave it all up to the insurance company to sort it out.
Make sure you draw some good diagrams and try and take some photos of the crash site so they can determine who was to blame.
Also are you sure she was doing 50mph ? with a car doing 30mph hitting you in the side you would be lucky to walk away from never mind not writing the car off.
Ahhh well all that matter is you are ok...cars can be fixed.

Andy