Teddy
Member
Registered: 19th Jul 04
Location: Northampton Drives: VW Bora 1.9TDi pd130
User status: Offline
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Did the Police attend?
The paperwork will go to a central CAB Central Accident Bureau (This is what happens in Northampton) There will be a similar department in your location I would think.
If any offences are not disclosed at the sence or its not clear who was at fault, further investigation will take place (cctv, interviews etc)
/// Lines are not to be entered at any point under the confinds of the highway code, and this will be taken into consideration.
Overtaking in a bulit up area is not an offence in itself, but an offence of careless or inconsiderate driving COULD be considered.
[Edited on 24-11-2009 by Teddy]
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John
Member
Registered: 30th Jun 03
User status: Offline
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Cross hatchings are perfectly fine to enter as long as they aren't bordered by a solid white line.
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daymoon
Premium Member
Registered: 1st Aug 08
Location: Selby, North Yorkshire
User status: Offline
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Nope police didnt attend, i am not sure that at the time of the accident my friend was moving even... he literally has a cracked number plate! so its not a serious accident and no one was injured...i don't understand why this lad went through insurance, this is gonna be more hassle for him than it's worth...
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Teddy
Member
Registered: 19th Jul 04
Location: Northampton Drives: VW Bora 1.9TDi pd130
User status: Offline
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IF it is safe to do so - apologies, I should have said that.
It obviously wasn't in this case.
Edit - was it reported? If so it will still be investigated (Should be!)
[Edited on 24-11-2009 by Teddy]
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daymoon
Premium Member
Registered: 1st Aug 08
Location: Selby, North Yorkshire
User status: Offline
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If the area is bordered by a solid white line, you should not enter it except in an emergency.
If the area is bordered by a broken white line, you should not enter the area unless it is necessary and you can see that it is safe to do so.>>
thats what i found...
it obvisouly wasnt safe or necesary!
Yeah the guy in ford ka (Car c) reported it to his insurance, so my friend had to do the same....
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LeeM
Member
Registered: 26th Sep 05
Location: Liverpool
User status: Offline
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quote:
Originally posted by daymoon
quote:
Originally posted by lee_wee
its powell vs moody, and it is a 20/80 split as i said earlier
thats quite good tbh... as i understand you work with this kinda stuff? is there anything that should be said in the explanation of the accident?
yeah i determine liability in order to recover our outlay in none fault accidents. if theres ever liability disputes it all comes down to previous case law which sets a precedent, and i'd look to powell vs moody as its the closest i can think of
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Sam
Moderator
Premium Member
Registered: 24th Dec 99
Location: West Midlands
User status: Offline
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quote:
Originally posted by daymoon
So, another legal advice abut car accident required.
Situation:
30mph speed limit industrial estate
Car A turning left with its indicators ON,
Car B turning Right with its indicators ON
Car C overtakes car A in the middle of the road where there are /// marking and hits car B.
Who would be to blame?
I thought car C as overtook car in built up area, right?
let me know if more info required.
Similar thing happened to me many years ago in my old Corsa, I was Car B turning right (out of a petrol station), Car A was going straight on though not left but due to traffic had left me a gap to get out, there were no cars coming from my left (i.e. on the other side of the road) but some asshole in a Sierra was driving through in the middle of the road overtaking the row of cars where Car A was and ploughed his rustbucket straight into the side of my Corsa.
I phoned the police and the cop took statements from both of us, and (the cop) said to me that it was his fault but the insurance companies argued over it for years, in the end had to settle for a 50/50 claim even though it was his fault! 
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johnhara1
Member
Registered: 19th Oct 06
Location: Newcastle upon Tyne
User status: Offline
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IMO Car B should have waited until Car A had turned in to make sure the road was clear but I can also see why the finger is pointed at Car C, as it looks to me like that turns into a single lane at the \\\\ markings so Car C shouldn''t have carried out the overtake.
50/50 as both drivers made mistakes but i think Car B has a better case considering car C has effectively used the oncoming lane to overtake??
[Edited on 25-11-2009 by johnhara1]
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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quote:
Originally posted by johnhara1
car C has effectively used the oncoming lane to overtake??
Which is fine. There is question over the amount of caution that C has exercised but using the entire road is generally acceptable.
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deano87
Member
Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
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quote:
Originally posted by daymoon
quote:
Originally posted by deano87
I'm no solicitor but. . .oh wait.
carry on ... 
You most probably need one.
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daymoon
Premium Member
Registered: 1st Aug 08
Location: Selby, North Yorkshire
User status: Offline
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quote:
Originally posted by deano87
quote:
Originally posted by daymoon
quote:
Originally posted by deano87
I'm no solicitor but. . .oh wait.
carry on ...
You most probably need one.
i wanst involved in this 
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deano87
Member
Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
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Why do you need legal advice then?
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johnhara1
Member
Registered: 19th Oct 06
Location: Newcastle upon Tyne
User status: Offline
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quote:
Originally posted by Ian
quote:
Originally posted by johnhara1
car C has effectively used the oncoming lane to overtake??
Which is fine. There is question over the amount of caution that C has exercised but using the entire road is generally acceptable.
In that case then in then car B is at fault for crossing the lanes.
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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Indeed.
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daymoon
Premium Member
Registered: 1st Aug 08
Location: Selby, North Yorkshire
User status: Offline
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quote:
Originally posted by Ian
Indeed.
but driving across the cross hatchings is only legal when its necessary(sp) or safe. overtaking near ajunctions is not safe acording to highway code.
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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Indeed.
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daymoon
Premium Member
Registered: 1st Aug 08
Location: Selby, North Yorkshire
User status: Offline
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So today insurance called up and said it's totally other drivers fault  so we are happy 
Now, how does exccess work? does it have to paid even though it's some one elses fault and their insurance is paying out?
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LeeM
Member
Registered: 26th Sep 05
Location: Liverpool
User status: Offline
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thats lucky, very lucky! had a claim the other day with exact same circumstances, only problem is our client is driver C. i was pushing for 50/50 knowing it would go 80/20 and it did.
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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Remind me - your friend was in car B?
You've done very well if so!
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daymoon
Premium Member
Registered: 1st Aug 08
Location: Selby, North Yorkshire
User status: Offline
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Yeah car B... They said that the guy should have waited for car that was turning to turn and then carry on...
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LeeM
Member
Registered: 26th Sep 05
Location: Liverpool
User status: Offline
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quote:
Originally posted by daymoon
Yeah car B... They said that the guy should have waited for car that was turning to turn and then carry on...
yeah, but your friend still has to ensure its safe to proceed, which in the eyes of the law he hasnt
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Jay
Member
Registered: 26th Sep 04
Location: Liverpool
User status: Offline
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I would of put all blame on car C myself
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Edd
Member
Registered: 8th Nov 04
Location: Glasgow
User status: Offline
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do you mean that this has been agreed by both insurance companies?
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daymoon
Premium Member
Registered: 1st Aug 08
Location: Selby, North Yorkshire
User status: Offline
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quote:
Originally posted by Edd
do you mean that this has been agreed by both insurance companies?
i don't know this far but i would guess so as why else they would call him?
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Edd
Member
Registered: 8th Nov 04
Location: Glasgow
User status: Offline
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they may be merely informing him that they believ he is not at fault
doesnt meen the other party will just accept that
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