matty01

Doesn't sound very hypothetical to me...

scooby_xt_turbo

is it as hypothetical, as the 'private roads' people have achieved top speeds in their cars?

marty_t3

Can prove that you weren't on the phone at the time of the accident (ie. can the person on the other end of the call verify that you had finished the call before the crash). It would help if it was someone independant like a business contact as opposed to your mate.

Gizmo555

Hi

If it wasn't hypothetical then it wouldn't be me involved anyway just someone I hypothetically know.

The person they were talking to could prove they weren't on the phone at the time it's just a question if Mr Insurace says 'Using a mobile, not hands free' means no insurance.

Cheers

*Sonic*

the police can check the call records for the time AFAIK

if the time of the accident was approx, and was close to the time on the phone, then it could be conceived that the call ended as the accident happened (if you know what I mean)

Depends I guess if you (hypothetically) were reported as using the phone around the time of the incident

STeve

MattN

yes the police can check what time you were on the phone but... unless all other people who made statements had their watches, clocks in car etc. set to exactly the same time I don't see how they could prove at the specific time you were on the phone is when the accident happened.

I.e The clock in my car is about 3 minutes faster than my watch, my friends clock is about 5 mins slow. So if we both had an accident he might say the accident was at about 3:50 I might say about 4:00 a witness might come forward and say 3:55. If I was on my phone at 3:53 to 3:55 (from the time recorded by the phone co). There is know way of proving exactly when the accident occured, unless the witness could say they saw me on the phone. Also, you need to consider that you might not look at your watch straight away and guess what time the accident happened.

They have to prove you were on the phone you don't have to prove you were not.

marty_t3

Surely the person on the other end of the phone would know if you crashed while talking to them, ie,

hypothetical driver : "yeah well we were looking at ab...OH **** ..."

(SCREEEEEEEEEEEECH....CRUNCH!!!!)

other caller : "WHAT... what is it.... what happened.... you ok???"

MattN

marty - the situation is you are NOT on the phone but were on the phone close to the time of the accident.

Gizmo555

Heres a hypothetical question.

Assume you were driving following another car and were on your mobile & not hands free.

Then a few minutes later (not on mobile anymore) the road you are on opens up to 2 lanes up a hill (with one lane coming down) i.e. 3 in total. You go to overtake the car in front and when alongside it wants to overtake the car in front of them and pulls out on you and hits you.

The other drivers seen you've been on the phone previously but it hasen't contributed to the accident which is clearly their fault and there's another witness which seen the car pull out as well.

How do you reckon it'll go with insurance ? How do insurance companies view mobile phone use ?

Any thoughts.

Cheers

[Edited by Gizmo555 - 1/11/2003 4:23:19 PM]