Car accident

  Silhouette 23:00 09 Aug 2008
Locked

Hi i really hope i can get some good advice on here!

I had a car accident the other day - what basically happened was i approached a section of the road where cars were parked on my side of the road. There was not enough room for cars on both sides of the road to pass so i stoppped allowing the oncoming cars to pass. After the last car had passed i set off (i didnt indicate) to proceed the cars parked on the left. The other car involved had already begun to overtake me and was coming at a high speed as i heard the sound of typres skidding JUST before the impact occurred. The car that hit me was travelling at a speed at apporx 20 mph at the time of impact. My car sustained damage to to the door and skirting on the drivers side. The other car sustained damage on the front left corner of the bumper.

If i was to tell this to the insurance company - whose fault will it be deemed as. Does the fact that i didnt indicate put me to blame OR because the other car was trying to overtaking make him to blame???

Can someone please please advise urgently..

Thanking you :)

  LinH 23:30 09 Aug 2008

It probably won't matter either way who was at fault in a relatively minor, non injury, shunt, it's a case of 'no claim' not 'no blame'.

LinH

  Si_L 23:32 09 Aug 2008

I can't really help you, but I'm just trying to get round my head the other guy doing such a stupid overtaking manoeuvre. Is it possible that you looked like another parked car in the line? Was he behind you when you approached the parked cars?

I had a look on the web but this is such a specific incident that I had trouble finding anything. Would your insurance company be able to help? They must be used to dealing with complex situations like yours.

  Silhouette 23:42 09 Aug 2008

Hi Si_L

Yes he did say that he thought i was parked but i was clearly not in a parking position! Although i was stationary i was about a metre away from the pavement. He was further back - he wasnt right behind me..

Should i say that i did indicate???? Naughty but i dont want to lose my no claims!!

  Brumas 23:42 09 Aug 2008

If he was approaching you at approximately 20 mph surely you would have seen him in your rear view mirror? If you didn't he was either approaching you a lot faster or, dare I say it without appearing to sound judgemental, you didn't check your mirror before you moved off.

  Silhouette 23:56 09 Aug 2008

Brumas

I did look in the mirror - it came out of nowhere! I think it must have been going faster as i did here skidding - would it matter that i didnt indicate??? That is the main thing that i am trying to ascertain here.

  ajm 00:02 10 Aug 2008
  Forum Editor 09:01 10 Aug 2008

tell your insurers exactly what happened. The other driver may or may not do the same, but insurers aren't stupid - they see hundreds of thousands of claims a year, and they're experts at working things out.

Tell them what happened, don't express any opinions, or tell them what you were thinking at the time.

Don't expect insurers to be too impressed by you sayting that you looked in your mirror but "...it came out of nowhere!" Nothing comes out of nowhere. The fact that you didn't indicate may or may not be important, it will depend on the position of your car at the time, and on the positions of other cars.

  Armchair 10:38 10 Aug 2008

Tell the truth. It's normally the driver who crashes into the back of the other car that's automatically judged to be at fault. Happened to me last year (I was the one held responsible).

  skeletal 11:05 10 Aug 2008

Something along similar lines happened to me. I had stopped to let someone through and I was over a metre away from the kerb. Bloke behind going at a fair pace swerved around me and nearly hit the car I was waiting for head on!

So I’m with FE on this one. Stuff like this must happen a lot and if people can’t even see a car head straight ahead then your chappie probably didn’t even see you at all, let alone an indicator!

As is so often the case, it is one person’s word against another and so I would not be surprised if the insurance companies do a “knock for knock” and I would be prepared to lose some of the NC bonus (I’m a pessimist, which means I, very occasionally, get a nice surprise!).

Skeletal

  birdface 11:25 10 Aug 2008

Probably both would be charged.Yourself for not indicating that you were not moving out and the other driver for not driving with due care and attention.I would leave it to the insurance companies to decide who is at fault.example.A forklift pulled out of a side road in front of me and I ran into the back of it.My fault said the insurance company even though the police that attended the accident said it was not my fault.You just can't win sometimes.The other driver probably mistook you for being parked up it has also happened to me but without the crash.Probably the other driver was mainly at fault,But time to take your medicine and probably loose some of your no claims bonus.

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