At the weekend a mate of mine had an accident in his new car (VW Touran) that he'd owned for the grand total of 18 hours!!!
Here's what happened:
He was driving along a road and he wanted to turn right into a side road. He indicated, pulled up opposite the right turning, and then started to turn into it, as you normally would.
Just as he started to turn another car that was behind him tried to overtake him and ended up crashing into the side of his car.
See image below. My mate is the red line, and the idiot is the yellow arrow.
Also notice the zigzag lines and pedestrian crossing, so this guy shouldn't have been overtaking anyway.
Anyway, he's spoken to his insurance company (Elephant) thinking it would be a clear cut case in his favour. Think again!
Straight away they said it will be a 50/50 split liability claim because he "should've checked his mirrors and seen the other driver overtaking".
Now am I missing something here??
It's a normal two-way road with two lanes, one lane for each direction, my mate indicated and then slowed/stopped, glanced in his mirror and saw a car a few yards behind him, checked again for oncoming traffic and a clear route into the road he was about to turn into and moved off. It was at this point that the other driver decided to continue at the speed he was approaching at, and pull over to the right to try and overtake.
How can this possibly be a 50/50 blame claim?? Even if only based on the fact that this other driver was attempting to overtake on zigzag lines and a pedestrian crossing!
The damage to my mate's car is driver's door - big dent, front wing - big dent, bumper - scraped, alloy wheel - badly scraped, so it's going to be a costly repair.
The other driver's excuse.... "It's your fault as you were going slowly so I tried to overtake you".
To me this one of the most no-fault claim as I've seen in ages.
Am I wrong??