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Author Accident, legalities?
jr
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Registered: 20th May 02
Location: Kent
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13th Oct 09 at 20:54   View User's Profile U2U Member Reply With Quote

yet not something you need to deal with but sure it will be fine
Ojc
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Registered: 14th Nov 00
Location: Reading: Drives : Clio 197
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13th Oct 09 at 20:58   View User's Profile U2U Member Reply With Quote



Make sense? Cut across traffic going in the opposite direction, obviously Rach is in her blind spot and just pulls into the side of her.

Rach is the red thing, green is the walking dead woman.
noshua
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Registered: 19th Nov 08
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13th Oct 09 at 21:12   View User's Profile U2U Member Reply With Quote

My goodness what is up with your computer?

Walking dead woman's fault, without any witnesses the 'walking dead woman' could say anything, likewise for your partner(?).
Ojc
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Registered: 14th Nov 00
Location: Reading: Drives : Clio 197
User status: Offline
13th Oct 09 at 21:23   View User's Profile U2U Member Reply With Quote

It's in safemode due to Nismo giving it AIDS
baza31
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Registered: 19th Apr 03
Location: yorkshire
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14th Oct 09 at 15:06   View User's Profile U2U Member Reply With Quote

Just get a gun and shoot her in the face
Ojc
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Registered: 14th Nov 00
Location: Reading: Drives : Clio 197
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14th Oct 09 at 15:09   View User's Profile U2U Member Reply With Quote

That was my plan.
_Allan_
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Registered: 24th Mar 04
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14th Oct 09 at 16:10   View User's Profile U2U Member Reply With Quote

Old women have right of way everywhere and are allowed never to go over 20mph. FACT!

Poor driving and reactions by Rach tbh!
Ian
Site Administrator

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Registered: 28th Aug 99
Location: Liverpool
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14th Oct 09 at 17:49   View Garage View User's Profile U2U Member Reply With Quote

Problem that you have is that it's not clear how much progress the other party had made on to the roundabout when Rachel arrived and crossed the give way. I would imagine it's fairly small and I would be arguing that it would be still be the case that the other party was still predominantly in the parking space at the time Rachel made the decision to enter the roundabout.

For me, the other party is in contravention of Highway Code 184 point 5 - 'adjust your speed and position to fit in with traffic conditions'. It would reasonable to expect that the other party, if driving with a reasonable standard of care, would anticipate that other road users will use the roundabout as normal and give way to users at the opposing entrance only. Although DO NOT at any time suggest in your statement that Rachel did not see or pay attention to this other car. That is a case-loser.

You probably also want to quote 170 or somewhere around there about general observation and taking account of other road users. If there was no give way there that Rachel had cross it's a very easy discussion about entering the path of another vehicle. Can't find it at the moment but there's a few references in there at various points to not causing other vehicles to take evasive action, which if she pulled on to the roundabout from a non-standard entrance which would cause other road users alarm then that's not good driving.

Just don't ever say Rachel didn't notice this woman because she wasn't on the road properly. She's a road user and her presence can never be discounted. Make sure you talk about Rachel having made good decisions with the information which she had available, ie. her road speed, her decision to enter the roundabout, and criticise the other party for assuming a right of way or not giving sufficient notice or indication of her intent.

[Edited on 14-10-2009 by Ian]
Jambo
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Registered: 8th Sep 01
Location: Maidenhead, Drives: VXR Arctic
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14th Oct 09 at 18:12   View User's Profile U2U Member Reply With Quote

From being in an accident where somebody drove into a lane where they had no right of way, it will be a no brainer for the insurance.

She'll get the blame and pay out, but the accident will stay on your record for 5years even though you did nothing wrong


P.s if she kicks up about speed, id suggest she was unfit needs eyes tested etc etc.

Take her to the cleaners.
Ben G
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Registered: 12th Jan 07
Location: Essex
User status: Offline
15th Oct 09 at 08:29   View User's Profile U2U Member Reply With Quote

a van pulled out into the side of me in my corsa and it was judged to be his fault as i was on the public highway already travelling and he didn't look properly before pulling out.

looks like an easy case really, although you might need to get photos to show exactly where she pulled out from etc etc.

i hate old people, they all say 'your driving too fast' even though you're doing the speed limit. makes me laugh everytime i hear it.
_Allan_
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Registered: 24th Mar 04
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15th Oct 09 at 08:44   View User's Profile U2U Member Reply With Quote

Makes no difference if they say you were going to fast or not. One it makes it worse for themselves as you can't correctly judge speed and secondly you don't think 'damn, that car is going way too quick and pull out regardless'
Ojc
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Registered: 14th Nov 00
Location: Reading: Drives : Clio 197
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15th Oct 09 at 08:52   View User's Profile U2U Member Reply With Quote

Shes bottled it, she doesn't want to go through insurance

I haven't spoke to Rach properly last night to find out what is happening now but I imagine the phone call she got from our insurance company shit her up and she realised she wasn't going to just have it her way.

Trouble is now like Jambo has said, this has been now logged with our insurance company and I imagine regardless if we claim or not it's still going to see an increase in premium.

[Edited on 15-10-2009 by Ojc]
IvIarkgraham
Premium Member

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Registered: 27th Mar 04
Location: Ellesmere Port, Cheshire
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15th Oct 09 at 08:55   View Garage View User's Profile U2U Member Reply With Quote

fuck her off go through insurance and get a claim in for whiplash
Ben G
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Registered: 12th Jan 07
Location: Essex
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15th Oct 09 at 08:55   View User's Profile U2U Member Reply With Quote

is she definitely insured?

old people usually don't care about going through insurance as they have so much NCB and are old there policies are hardly anything anyway.
_Allan_
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Registered: 24th Mar 04
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15th Oct 09 at 09:13   View User's Profile U2U Member Reply With Quote

Too late now you've logged it, I'd follow it up. I know someone who tried a similar thing and never in the end used the insurance. Even though they cancelled the claim it was still on the system and they still tried to increase his renewal premium. That's when you leave and go elsewhere but it still could be logged.
pow
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Registered: 11th Sep 06
Location: Hazlemere, Buckinghamshire
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15th Oct 09 at 09:21   View Garage View User's Profile U2U Member Reply With Quote

Don;'t bother not going with through insurance, get it done proper blud
Neo
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Registered: 20th Feb 07
Location: Essex
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15th Oct 09 at 09:34   View User's Profile U2U Member Reply With Quote

Agreed, you have registered it already, say you still want to go through with it. If it was iffy to who is in the wrong then i'd say jump, but you have started so why not finish.
gazza808
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Registered: 30th Jun 08
Location: Peterborough
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15th Oct 09 at 09:42   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ojc
Shes bottled it, she doesn't want to go through insurance

I haven't spoke to Rach properly last night to find out what is happening now but I imagine the phone call she got from our insurance company shit her up and she realised she wasn't going to just have it her way.

Trouble is now like Jambo has said, this has been now logged with our insurance company and I imagine regardless if we claim or not it's still going to see an increase in premium.

[Edited on 15-10-2009 by Ojc]


doesn't matter if it's logged you can ring up any time and wipe it off,

did this before when i reported one, did it outside insurance and just rang up and said was all sorted and they deleted it

also remember if there's problems in the future with the work etc no come back doing it outside insurance really.

[Edited on 15-10-2009 by gazza808]

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