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Crash - who's fault is it???

Discussion in 'General Chat' started by Ads, Jan 19, 2011.

  1. Ads
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    Ads License to drive

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    [Jan 19, 2011]
    He's a little worried about doing this. I'm not sure how deep these insurance companies go if someone denies involvement. Do they send assessors around??
    If he gets a repair job done it might be obvious, as the damaged area will now be fresher than the rest of his car etc etc.

    Then what if he gets caught out??? Fraud etc etc?? Not sure its worth the risk.
    #41
  2. Welly
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    Welly VX220 SC Driver :)

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    [Jan 19, 2011]
    True, but then again it may of just been coincidence.

    I don't think it's the best way forward in retrospect, you're right, it may just land him up **** street.

    For the sake of a damaged wing and a scratched bumper, I would just pay for it out of my own pocket personally and be done with it. Save the hassle.
    #42
  3. sub39h
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    sub39h Active Member

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    [Jan 19, 2011]
    i think if your mate argues he might get knock for knock, but realistically he's more lilkely to be found at fault.

    when is it ever appropriate to turn left in the right hand lane and cut across a lane of traffic in doing so? think of it this way - if the other guy was permitted to use the bus lane because of what time it was, then you can completely ignore that it's a bus lane and treat it as a street with two lanes. if you look at it that way, i'm sorry to say your mate was totally in the wrong

    hope his little girl was ok tho
    #43
  4. Ads
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    Ads License to drive

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    [Jan 19, 2011]
    I'd be inclined to agree with you if the bus lane continued across the left turning/junction, but it didn't, it clearly ends. So in effect my mate didn't actually cut across a lane. At that point of the road there was only one lane... i.e. the lane my mate was in.
    #44
  5. sub39h
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    sub39h Active Member

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    [Jan 19, 2011]
    i may be incorrect on this, but i don't think the lane ends tbh. if it had, one or the other lanes would have had a give way, or arrows or something. there's a bus lane on the other side of the junction as well.

    think of it this way, if there was a bus in that lane would it go straight over or join the main carriageway and divert off again?
    #45
  6. will89
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    will89 Member

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    [Jan 19, 2011]
    If i was approaching that turning then i would have indicated before the bus lane and would have gone through it, your not expected to stop when the white line does and then do a right angled turn into the road not crossing the white line. Its about 2 car lengths long and should have driven straight through it, allowing traffic to pass him as he slows to turn into the road.

    I think the insurance will say it was your mates fault but he could fight it as you shouldn't undertake when there is no filter lanes and no traffic queues. I think the best outcome will be 50/50. Or write the other party a letter explaining that it was both at fault and say each pay for their own repairs.
    #46
  7. Ads
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    Ads License to drive

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    [Jan 19, 2011]
    I think the bus lane does end there. They wouldn't be able to give you a fine for driving on that part of the road.
    And if a bus was in that lane I agree it would go straight over, but I'm assuming it would at least slow or look to see if anybody was about to turn into the turning, which this other car did not do. They did the opposite and accelerated past the turning. Surely some of the blame should be theirs??

    As mentioned before, my mate couldn't have indicated before the bus lane because it would've looked like he wanted to go down the road which was at the start of the bus lane.

    As for being expected to drive straight through the bus lane.... what about at the times you are not allowed to enter the bus lane?? Then you'd be expected to followed the route my mate took and do the right angled turn as the bus lane ends.


    Its all a bit of a mess really. A combination of poor road layout, an idiot driver, and my mate not checking his mirrors constantly when turning in.

    He's phoning his insurance company now.

    I'll keep you posted.
    #47
  8. will89
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    will89 Member

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    [Jan 19, 2011]
    Personally i would have gone through the bus lane at any hours and would indicate after the turn you mentioned, that way you are letting the traffic flow. I dont think he will win with the insurance but i think due to road layout and the highway code rules with undertaking i think he could get 50/50. But before he does this i would speak to the other party and see if they want to come to some agreement before going through insurance.

    Also make sure if he goes through insurance he notifies the police first, you have to by law for any accident on the highway no matter how small. If the other party fails to do this then your mate may have a leg to stand on with the driving off without giving details and failing to report the accident.

    EDIT: you have 24 hours to report an accident from when it happens. It's against the law to not report it, if your mate doesn't and the other person does then your mate has failed to report an accident and could get into trouble with the police (although unlikely)
    Last edited: Jan 19, 2011
    #48
  9. Ads
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    Ads License to drive

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    [Jan 19, 2011]
    Well it happened on sunday and he's only just reporting it now! :blink:
    His argument will be that the people just got out and shouted at him and then drove off. The damage to his car was minimal and he didn't have a chance to get their reg number or details and didn't think they took his. Therefore he had nothing to report, so didn't contact them.
    Hopefully that'll work.

    Also, didn't realise you HAD to call the police for every accident, even very minor ones. You sure about this??
    #49
  10. benr
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    benr Member

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    [Jan 19, 2011]
    Same

    Edit: but the way around your mate went would be the correct way to the highway code i think
    Last edited: Jan 19, 2011
    #50
  11. will89
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    will89 Member

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    [Jan 19, 2011]
    Thats what i was told by a policeman. I was told you have to report it and failing to do so is an offence. You can ring up (local number) or pop into your nearest one that deals with RTA's and they will take down the details of the accident. If that happened as you said in your last post and they didn't reported then that would technically be failing to stop and exchange details. You however do not have to stop as long as you drive straight to the nearest police station. just the same as if a police car tries to pull you over you can just drive straight to the nearest police station.
    #51
  12. quattrojames
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    quattrojames Moderator Staff Member Moderator

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    [Jan 19, 2011]
    You only need to report in 24 hours if it's caused damage to a third parties property and you've been unable to locate them to notify them, or if someones been injured. If you just run into someone and you both swap details properly it doesn't need to be reported. Your mate didn't need to report the accident, but as the other party were a bit difficult there would be harm in him doing so to cover himself.
    #52
  13. will89
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    will89 Member

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    [Jan 19, 2011]
    I was nearly right!
    #53
  14. Ads
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    Ads License to drive

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    [Jan 19, 2011]
    Well he's reported it to his insurance company now and they've asked him to send them an email explaining what happened and to include photos of the location.

    He's not too positive about the outcome.
    #54
  15. Westy_A3T
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    Westy_A3T Member

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    [Jan 20, 2011]
    Are you sure that turning is a road turning?
    Looks slightly raised and has double yellow lines across it. Looks to me like a turning into a drive of some sort so therefore he could have indicated earlier.
    You say the bus line is 2 cars long so indicating at that distance is too short.
    I feel though that if the other driver was paying more attention then the accident wouldn't have happened.
    #55
  16. Ads
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    Ads License to drive

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    [Jan 20, 2011]
    Its the entrance to a cemetery. There is a break in the pavement and its as wide as a normal turning. IMO it would definitely be dangerous to indicate before it and then carry on past to the next turning, especially if there are cars waiting to pull out.
    If he did indicate before then he'd have to hope that anyone waiting to pull out of the cemetery realised that he was actually indicating for the turning further down the road.

    I think both parties need to learn from this accident. I reckon they will.
    #56
  17. sub39h
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    sub39h Active Member

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    [Jan 20, 2011]
    this is me being uber pedantic now, but i'd imagine it would be obvious from his speed if he was intending to turn into the cemetary or down the road.

    tbh if you live in brum half of driving is guesswork - there's loads of ppl (i'm genuinely not joking on this) who have their indicators on for no reason, or are indicating the wrong way and stuff - or just don't indicate at all. sounds like it's a lot more civilised in london if the indicators actually mean something down there :p
    #57
  18. Ads
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    Ads License to drive

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    [Jan 20, 2011]
    :lmfao:
    #58
  19. scott b
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    scott b Active Member VCDS Map User

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    [Jan 21, 2011]
    if the crash happened within the bus lane operating hours then it could go 50 50 if it wasnt an active bus lane at the time then fault is on your mate
    #59

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