Side-swiped during overtake
Discussion
Involved in a minor collision this afternoon. The scene is a NSL rural A road, a mile-long perfect straight. I’m car 4 behind 3 other cars with a large gap between cars 1 and 2 doing 45-50. There is an oncoming vehicle still some distance away. I plan to overtake cars 2 and 3 then slide into the large gap to let the oncoming car pass, before I take the lead car.
As I’m passing car 3 immediately in front of me the driver has a similar idea and pulls out whilst simultaneously indicating. I brake and sound horn whilst moving right but she comes all the way into me making unavoidable contact.
At this point we’ve both slowed, the oncoming vehicle is obviously still moving towards us so I pull in ahead of the car which just collided with me and we pull over a mile or so up the road in a village to swap details.
On inspection my car miraculously has what appears to be very minor damage with some dent to the front N/S wheel arch and slight damage to the alloy. The woman’s car has considerably more damage to both her driver’s and O/S passenger door.
I’m not sure how this is likely to play out with insurers. She claimed I was “in her blind spot”, we exchanged details and left it at that. Now I’m wondering if the story is likely to change and blame apportioned to me.
Anyone had any similar?
As I’m passing car 3 immediately in front of me the driver has a similar idea and pulls out whilst simultaneously indicating. I brake and sound horn whilst moving right but she comes all the way into me making unavoidable contact.
At this point we’ve both slowed, the oncoming vehicle is obviously still moving towards us so I pull in ahead of the car which just collided with me and we pull over a mile or so up the road in a village to swap details.
On inspection my car miraculously has what appears to be very minor damage with some dent to the front N/S wheel arch and slight damage to the alloy. The woman’s car has considerably more damage to both her driver’s and O/S passenger door.
I’m not sure how this is likely to play out with insurers. She claimed I was “in her blind spot”, we exchanged details and left it at that. Now I’m wondering if the story is likely to change and blame apportioned to me.
Anyone had any similar?
Yes, a few years ago a woman in a Gold hit the side of my Freelander in very similar circumstances. The end result was that 100% of the blame was apportioned to her and I kept my NCB.
My insurance company didn't explain how the reached that decision, but I guessed that it was due to the initial point of contact, as shown by the damage on the cars, indicted that I was slightly ahead of her when we crashed. It may also have helped that her claim was confused and contraditory, so made sense, whereas my claim was a clear and rational (honest!).
My insurance company didn't explain how the reached that decision, but I guessed that it was due to the initial point of contact, as shown by the damage on the cars, indicted that I was slightly ahead of her when we crashed. It may also have helped that her claim was confused and contraditory, so made sense, whereas my claim was a clear and rational (honest!).
I can't comment on the accident as luckily that's never happened to me, although it's been close a couple of times.
But what I will say is make sure you get the suspension checked very carefully when you get your repairs done. I had someone side swipe my car a couple of years ago (not my fault - I was stationary), causing only slight damage to mine, including rubber left on my wheel but no discernable damage to it. The body shop said it had checked the suspension but a few months later the suspension at that corner started making a knocking noise. I took it in and it needed some major work that would have cost £thousands (according to the garage) if it hadn't have been under warranty. It could just have been a coincidence but I doubt it. The garage was the same place that fixed it after the accident so they knew about the accident and didn't link it but perhaps they were just too embarrassed to say and happy for the manufacturer to pick up the warranty bill.
But what I will say is make sure you get the suspension checked very carefully when you get your repairs done. I had someone side swipe my car a couple of years ago (not my fault - I was stationary), causing only slight damage to mine, including rubber left on my wheel but no discernable damage to it. The body shop said it had checked the suspension but a few months later the suspension at that corner started making a knocking noise. I took it in and it needed some major work that would have cost £thousands (according to the garage) if it hadn't have been under warranty. It could just have been a coincidence but I doubt it. The garage was the same place that fixed it after the accident so they knew about the accident and didn't link it but perhaps they were just too embarrassed to say and happy for the manufacturer to pick up the warranty bill.
You should be ok, I've been close to this happening a couple times. I did ask a copper once who they'd have thought would be at fault, they said it was the driver who pulled out forcing me to stand on the brakes, they obviously didn't check over their shoulder or mirror prior to the manoeuvre.
Hopefully your insurance agrees. At least no one has been injured.
Hopefully your insurance agrees. At least no one has been injured.
Clearly her fault, i hope the insurers see it the same way!
Highway Code 163 states;
"Overtake only when it is safe and legal to do so. You should, use your mirrors, signal when it is safe to do so, take a quick sideways glance if necessary into the blind spot area and then start to move out"
So she has no real argument
Highway Code 163 states;
"Overtake only when it is safe and legal to do so. You should, use your mirrors, signal when it is safe to do so, take a quick sideways glance if necessary into the blind spot area and then start to move out"
So she has no real argument
My brother had this happen when he was on his motorbike. Same scenario, he was overtaking slow moving traffic and a female driver had the same idea and pulled out on him causing him to crash. It went to court and he was found at fault although he thinks the copper who attended knew the woman who pulled out and that he was stitched up.
Oakey said:
My brother had this happen when he was on his motorbike. Same scenario, he was overtaking slow moving traffic and a female driver had the same idea and pulled out on him causing him to crash. It went to court and he was found at fault although he thinks the copper who attended knew the woman who pulled out and that he was stitched up.
The thought certainly did cross my mind that a motorcyclist in my position would have been very vulnerable indeed. Luckily I was wrapped in a 2t steel cocoon which didn’t flinch when driven into.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff