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Crashed :(
- Thread starter rk2009
- Start date
RB 200
Remember a few years back my mates dad turned into my old street off a ring road, and he couldn't see a the speeding car that was estimated at doing 65 in a 30 limit at the point of impact, where he smashed into the side of the turning car and almost killed my mate who was in the passenger side, Ironically despite the fact he was speeding, both the insurance and the police laid the blame with my mates dad, who's car was wrote off.
his micra - driving school car was wrote off, my mate was in hospital for about a month with his head injuries and lost his pay .. they basically put it down to, its your fault you pulled across the front of him.
his micra - driving school car was wrote off, my mate was in hospital for about a month with his head injuries and lost his pay .. they basically put it down to, its your fault you pulled across the front of him.
PH2 RS172
unlesss youve got some proof of tyre/braking marks across the junction that blatantly show that he couldnt stop in the required distance equal to the speed he was travelling?
ffs, terrible pictures, worse description.
The only pic I can see a junction in is the one without either car. In that picture, from the position of the plastic bits it looks quite close to the junction. You may well have been parallel to the main road but that doesn't mean you were up to speed.
The only pic I can see a junction in is the one without either car. In that picture, from the position of the plastic bits it looks quite close to the junction. You may well have been parallel to the main road but that doesn't mean you were up to speed.
I had a very similar accident.
I was driving along a road, someone pulled out of a junction and I went into the back of them, all the damage was to the passenger side of my car and the drivers side of his car, then tried to claim I was going to fast and drove in the back of him.
Took over a year of fighting and issuing court papers to him but I won eventually as I was already established on the main road and he pulled into my path without due care and attention.
Just a warning it might not be as simple as you think.
I was driving along a road, someone pulled out of a junction and I went into the back of them, all the damage was to the passenger side of my car and the drivers side of his car, then tried to claim I was going to fast and drove in the back of him.
Took over a year of fighting and issuing court papers to him but I won eventually as I was already established on the main road and he pulled into my path without due care and attention.
Just a warning it might not be as simple as you think.
Renault Clio
Guys, I went to the exact same junction yesterday and pulled out when there was a car in the exact same position as he was, and he didn't even have to brake, it's ridiculous. The car that went into me was speeding and braking the law, not me. There were no witnesses, and now apparently someone has put a statement in saying I was at fault, apparently a female who was driving behind the other bloke. If she was there, why didn't she stop? Secondly, if she managed to stop and not go into the back of the vehicle, why couldn't he stop? Thirdly, if she didn't stop, who did she ring to put the statement in? Don't think so. I'm going to ask them what car she was driving, and then when we get the cctv footage it will show that she wasn't driving behind him, and then he will be proven to be a blatant liar. Are you guys forgetting that he's only 17? Why couldn't he slow down? There was absolutely no reason for him to go into the back of me after I've travelled so far passed the junction. And as for the glass being close to the junction, yeah, cuz the police swept it there, and like I said, my car was about 4 cars in front of the glass on that picture. Where is the justice really?
Renault Clio
Trust you to pick that out of the whole post, what are you here for? Cause I'm failing to see a purpose.
Clio 1.2tce DSX
1. I hope you're ok, never nice hearing about a crash.
And
2. I can't see why all the sarcastic remarks are necessary, granted it may be a big of a obvious answer question to the most of us but what's wrong with simply saying, you have nothing to worry about regarding the plates and leaving it at that? And I might like to add that not many people seemed overly concerned about the actual crash. I'll get abuse for my comment I'm sure but I thought it had to be said.
And
2. I can't see why all the sarcastic remarks are necessary, granted it may be a big of a obvious answer question to the most of us but what's wrong with simply saying, you have nothing to worry about regarding the plates and leaving it at that? And I might like to add that not many people seemed overly concerned about the actual crash. I'll get abuse for my comment I'm sure but I thought it had to be said.
Clio 172
You might end up with a 50/50 settlement. Depends how clear the footage from the pub cctv is but none the less you still pulled out of a junction infront of another car.
My wife lost two years no claims as she was hit by a driver whilst she was sat stationary in the middle of the road waiting to turn right. All the damage was on the drivers side of the car (car that hit her was coming down the road towards her) which would be impossible if she had been turning infront of the other car. Insurance settled in favour of the other driver. Two cars written off, 5 injury claims (my mother in law and two kids were in my wife's car) and the other driver and passenger. Other driver seemed to be looking down (radio, map phone whatever) and this was reported by my wife and mother in law.....insurance and police didn't give a rats ass. As far as they were concerned it was easier to blame my wife than to investogate what actually happened.
Good luck with your claim.
My wife lost two years no claims as she was hit by a driver whilst she was sat stationary in the middle of the road waiting to turn right. All the damage was on the drivers side of the car (car that hit her was coming down the road towards her) which would be impossible if she had been turning infront of the other car. Insurance settled in favour of the other driver. Two cars written off, 5 injury claims (my mother in law and two kids were in my wife's car) and the other driver and passenger. Other driver seemed to be looking down (radio, map phone whatever) and this was reported by my wife and mother in law.....insurance and police didn't give a rats ass. As far as they were concerned it was easier to blame my wife than to investogate what actually happened.
Good luck with your claim.
Renault Clio
Because of how far away he was? A bloody lorry could have pulled out if he was driving at the legal speed, you know... like you're meant to. And it isn't me that needs to learn a lesson mate.
Having had similar situations to deal with on our fleet cars there are several things against you here
1 he was on the main road and you joined from a side road
2 cctv will not prove speed and even if he was speeding that will not get you out of the fact he is on the main road
3 the cctv will show you pulling out on him and actually helps his case as it will prove where you both came from .
4 this will be a very long drawn out process as there is no way his insurer being the vehicle on the main road will admit liability .
The best you can hope for is 50/50 .... and its so iffy a no fault company would most likely not take the case ....
Whats the value of damage to your car ?
1 he was on the main road and you joined from a side road
2 cctv will not prove speed and even if he was speeding that will not get you out of the fact he is on the main road
3 the cctv will show you pulling out on him and actually helps his case as it will prove where you both came from .
4 this will be a very long drawn out process as there is no way his insurer being the vehicle on the main road will admit liability .
The best you can hope for is 50/50 .... and its so iffy a no fault company would most likely not take the case ....
Whats the value of damage to your car ?
RB 200
Makes no difference mate, your just as responsible as him, your saying if he was, did he speed up after you pulled out or did you just pull out expecting him to slow down? how big are the tyre marks? That'll pretty much establish how fast he was going, and how hard he had to brake
so basically what your saying here is your unable to judge the speed of a moving vehicle, i.e you are relying on it to be moving at a said speed. If that's the case, you probably shouldn't be driving imo.
"You don't know man, you weren't there!"
BoatNonce
ClioSport Club Member
LOL at this. It doesn't matter how fast a car is travelling. If I see someone coming down a road at 100mph, I wouldn't pull out on him just because they are doing something they shouldn't be ! I pull out when there is a large and safe enough gap for me to get out without causing other road users to alter their driving.
RB 200
+1 ..
makes no difference if we happened to see it or not .. its pretty obvious .. you pulled out infront of him, causing him to hit you, therefor - your responsibility for pulling out infront of him.
taking all of the ''but he was going too fast'' out of it, If someone had of pulled out infront of you, and you'd hit them, how would you feel? would you be accepting liability ?
PH2 RS172
when i had an accident quite a few years back the other party mysteriously had two witnesses but when summoned to court failed to attend. case closed in that one... however i was already in the main stream and she pulled out on me so opposite scenario to this. awkward :-/
Kid gets a Clio, pulls out in-front of someone who may or may not have been speeding (largely irrelevant), other guy crashes into him. Lots of debate around liability but thread was started due to the 'illegal' plates he has on the car.
Thanks. ;-)
I picked that out because your obviously not viewing it objectively and picking out completely irrelevant factors (his age) to bolster your admittedly flimsy defence.
I'm here because I'd really like for you to learn from this so you don't pull out in front of me one day and because when you post on the internet you should expect people to lay into you, so it's time to grow a thick skin, throwing a hissy fit will only make it worse.
As summised above though he was probably also dwodcaa. If you were as far from the junction as you say and presumably at that point had built some speed he should have been able to avoid but you should never cause another driver to have to take evasive action.
Clio 172
I think the illegal plates may be the deciding factor in this.
Renault Clio
Imagine how he would feel if his speed would have killed someone? It really f***s me off that you all seem to think his speed is irrelevant. None of you would be saying that if someone had of been killed. The main road he was travelling on is a bend with a blind spot too by the way, what does he think is going to happen when he's speeding round it? He blatantly did not have enough time tonreact, if he was driving at 30mph, he would not have needed to break. What the hell is wrong with you all? You are just excusing his speed like it means nothing. Once again, he was breaking the law, not me.
A woman has filed an indepent witness statement against me, saying that she was driving behind him, but I really don't think she was there. Tomorrow I'm picking up the cctv footage from the pub and it will hopefully show that she wasn't there. If I manage to prove that, maybe you will all consider why she felt the need to lie, or maybe you will deem that irrelevant too?
I think you will find that most of us has also called the other driver a knob for speeding. It really doesn't excuse the fact that you couldn't judge his speed or that you pulled out on him knowing he would have to brake. You should never do this. You mentioned a corner though in your last post, is it a blind corner form the junction view? If so, then that changes everything. You cant be at fault if you cant see around the bend from the corner.
Renault Clio
Who has called him a knob for speeding? I must have missed that. And I didn't pull out on him assuming that he would have to brake, I would never do that. Like I keep saying, he was so far away that he woudn't have had to brake if he wasn't speeding. And it's not a blind spot from the junction, but the bend continues after the junction, but because of how far I travelled after pulling out, I really doubt he could see me, which is why he made no attempt to slow down. He just blatantly wizzed round the bend, in the same way I'm being told I should have anticipated his speed, he should anticipate what's round the bend.
Clio 172
This is turning into Jackanory now. First you had already pulled out and were established on the road and he hit you, then you had just pulled out, now the road has a blind bend (so how could you have seen him). The issue I have is your whole argument is based on the fact he was exceeding the speed limit (to what extent you have no idea). However in the eyes of the law and the highway code the driver on the main road has right of way (irrelevant wether he is drunk, speeding, blindfolded, holding a child outside the window whilst skinning up with the other hand and driving with his knees), therefore in the eyes of the law you pulled out infront of him causing him to hit you (possibly due to him speeding). You can argue black is white and day is night but those are the simple facts. The pub CCTV will not show how fast he was travelling, it may show him moving faster than the other cars but who is to say if the other cars were travelling at the limit or below it. As others have said and myself included the best you can hope for is a 50/50 settlement. Clearly the driver who hit you will argue that you pulled out infront of him and he had no time to stop and on the basis that he was on the main road when you pulled on from a side road and without damning evidence stating the fact he was actually speeding then he will no doubt win the claim.
RB 200
I'm not saying its alright for him to speed, what I'm saying is, even if he was you pulled out in front of him so it's your own fault, you've already changed your mind on what's happened 3 times, if I was you I'd be getting your story straight because I'd imagine if you don't accept you pulled out on him and its your fault, then it'll be a long drawn out process of trailing through court.
Do you have legal cover? I'd hope I had if I was you as I'd imagine he'd win or it'll be 50/50 & you'll have to pay fees.
Do you have legal cover? I'd hope I had if I was you as I'd imagine he'd win or it'll be 50/50 & you'll have to pay fees.
Sunglasses_Ron
ClioSport Admin
Doubt very much it will end up in court. Insurance companies don't like going to court. It costs too much.
