Insurance claim, rules of the road??

[TomW]

Had accident this afternoon. I was driving up road on left side. There were parked cars all along right side of road. A car approached from opposite direction overtaking the row of parked cars on my right. We clipped each others off side drivers door mirrors while both of us were doing 20 mph and both mirrors smashed. Since neither of us were stationary at time of accident, surely the other car was in the wrong as he was driving on my side of the road. There was room for two cars to pass comfortably. One of his friends was driving behind him and said he was a witness and they would be claiming off me. I have no witness. Can I claim off his insurance? The driver and his friend in the other hot hatch were both "Garrys"!
Any comments most welcome.
Tom

[George Holmer]

This one is a no-brainer if you have described the situation correctly. He is the wrong and not you. If there are stationary obstacles on the road, the driver whose lane is clear has the right of way, this translates as if you overtake parked cars along the road and they are on your side and you hit someone coming the other way, you're at fault. In my copy of the Highway code page 36 section 139 point 6 it states:

"give way to oncoming vehicles before passing parked vehicles or other obstructions on your side of the road"

Indeed, if he was actually inside your lane, then it is even clearer. Contact your insurance company first thing tomorrow, tell them that you had an accident and exactly what happened. They will take it from there and you will not have to pay, witness or no witness. I presume you filled in an accident report and have all his details? It saddens me that not everyone can be honest and trustworthy, it really is the most profitable solution in the long term.

George

Resident near Leuven in Belgium (but with UK driving license)

'87 745 GLE Turbo Diesel Intercooler (D24TIC/M46, 200k)
'88 745 Turbo Intercooler (B230FT/M46, 270k)
'88 745 GL (B200E/M47, 200k)
'89 440 GL (B17, 90k)

[George Holmer]

This one is a no-brainer if you have described the situation correctly. He is the wrong and not you. If there are stationary obstacles on the road, the driver whose lane is clear has the right of way, this translates as if you overtake parked cars along the road and they are on your side and you hit someone coming the other way, you're at fault. In my copy of the Highway code page 36 section 139 point 6 it states:

"give way to oncoming vehicles before passing parked vehicles or other obstructions on your side of the road"

Indeed, if he was actually inside your lane, then it is even clearer. Contact your insurance company first thing tomorrow, tell them that you had an accident and exactly what happened. They will take it from there and you will not have to pay, witness or no witness. I presume you filled in an accident report and have all his details? It saddens me that not everyone can be honest and trustworthy, it really is the most profitable solution in the long term.

George

Resident near Leuven in Belgium (but with UK driving licence)

'87 745 GLE Turbo Diesel Intercooler (D24TIC/M46, 200k)
'88 745 Turbo Intercooler (B230FT/M46, 270k)
'88 745 GL (B200E/M47, 200k)
'89 440 GL (B17, 90k)

[Dave M]

George is right on this, However one extra tip, GET BACK TO THE SCENE OF THE ACCIDENT PRONTO & TAKE PHOTOS!!! I 've always done this and haven't lost a claim yet! It helps verify the road, position you were at and more importantly the parked cars!! If it was as you say "Garrys" Then they may just say that you came at them on the wrong side of the road AND THERE WERE NO PARKED CARS!x(

I had a similar tale in 98 in the snow. The guy skids in the snow and hits my bumper breaking brackets etc. He's all apologetic and admits liability, saying that he'd pay for the damage. The bumper was at least £300 Notes. He agrees to pay the damage and we swap address's. Then BANG!! Jan 1st 2000 and his insurance are holding me responsible for the accident say that I pulled out on him!! I got it resolved .. Loooonnnng Story!! But it show how things can be falsified "Bar Stewards!!!!"

Be careful & Good Luck!

Regards
Dave M

[George Holmer]

Photos are good, indeed.

George

Resident near Leuven in Belgium

'87 745 GLE Turbo Diesel Intercooler (D24TIC/M46, 200k)
'88 745 Turbo Intercooler (B230FT/M46, 270k)
'88 745 GL (B200E/M47, 200k)
'89 440 GL (B17, 90k)

[Richard Brown]

I think everyone feels for you here, I have a friend who was shunted hard from behind at a roundabout in Bradford. Even though he only had his wife with him, who is not an independent witness in the eyes of the law, and the other party had about half a dozen of his taxi-driver mates, who turned up soon afterwards and claimed they had seen everything, the police wrote in their report that the other witnesses were "unreliable" and supported my friend.

Don't be put off by him having a "witness".

Good luck.

Richard.

[TomW]

Thank you for all your replies. Informed Volvo Insurance immediately the next morning and explained situation. Claims desk seemed quite confident that all would turn out ok despite the rogue witness. Thanks for your support.
Tom

[Dan F]

I think I will start carrying a camera in my car!

Dan.

[Mav_UK]

Anyone see a new way of using camera phones and MMS???????

Stu

[Dave M]

Yeah!! but what do you use as the tripod Stand whilst driving, I mean Our friends in blue are booking us for "Not being in control of the vehicle" i.e both hands should be on the steering wheel, so how do you do it Huh? ;-)

Think about it.....

Regards
Dave M

[Mav_UK]

Couldn't we just just make a little box a la unmarked police cars so we can swivel them around at will..........

I did mean for accidents though and not whilst driving. Cripes (trying to avoid the 333 thingy...), can you imagine the carnarge if rubber neckers started to take pictures with picture phones as they passed......!.

Stu