My Brother Has Been Involved In A Car Accident, Advice?
31-01-2008, 07:24 AM
#41
she was in the filter lane turning right
he was in the lane going straight ahead
both lanes are clearly marked as such
she's decided to jump the queue and force her way to the head of the queue by using the empty "turn right" lane
therefore it's her fault
and if it goes to the police it can be clasified as dangerous driving/driving without due care and attention if they want to get really arsey about it
he was in the lane going straight ahead
both lanes are clearly marked as such
she's decided to jump the queue and force her way to the head of the queue by using the empty "turn right" lane
therefore it's her fault
and if it goes to the police it can be clasified as dangerous driving/driving without due care and attention if they want to get really arsey about it
31-01-2008, 07:28 AM
#42
having just seen the new diagram she's still in the wrong because her lane merges into his and if she has accelerated furiously in order to cut other cars up to get into the lane she needs to be in then that's an even better excuse 
"i was procedding in the offside lane and was correclty postioned when the third party drove past on my off side in the right turn only filter lane and swearved into my path, striking the front of my vehicle"
and now i really do have to go
"i was procedding in the offside lane and was correclty postioned when the third party drove past on my off side in the right turn only filter lane and swearved into my path, striking the front of my vehicle"
and now i really do have to go
31-01-2008, 07:37 AM
#43
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Originally Posted by dojj
having just seen the new diagram she's still in the wrong because her lane merges into his and if she has accelerated furiously in order to cut other cars up to get into the lane she needs to be in then that's an even better excuse
"i was procedding in the offside lane and was correclty postioned when the third party drove past on my off side in the right turn only filter lane and swearved into my path, striking the front of my vehicle"
and now i really do have to go
"i was procedding in the offside lane and was correclty postioned when the third party drove past on my off side in the right turn only filter lane and swearved into my path, striking the front of my vehicle"
and now i really do have to go
31-01-2008, 09:16 AM
#44
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Looking at the new diagram, the marking of the road clearly says she have the right to go straight, so that means your brother should be aware that her side of the road is going to be filtered together.
Both of them raced to get there quickly, both ended up crashing - so 50/50.
Both of them raced to get there quickly, both ended up crashing - so 50/50.
31-01-2008, 10:24 AM
#45
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The trouble with the law, and with court, and with insurance companies is that they almost never say one person is right and another is wrong. They apportion costs and blame. So two parties claim, and the two insurers work out between them how much each one pays.
Whenever two cars hit each other there is an element of blame for each driver. Unless one is at a standstill or one driver is drunk for instance.
So one driver may be more to blame but both drivers carry a degree of blame. You can't say he was right and she was wrong.
Charlie
Whenever two cars hit each other there is an element of blame for each driver. Unless one is at a standstill or one driver is drunk for instance.
So one driver may be more to blame but both drivers carry a degree of blame. You can't say he was right and she was wrong.
Charlie
31-01-2008, 12:59 PM
#46
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Originally Posted by wirralphil
Originally Posted by dojj
having just seen the new diagram she's still in the wrong because her lane merges into his and if she has accelerated furiously in order to cut other cars up to get into the lane she needs to be in then that's an even better excuse
"i was procedding in the offside lane and was correclty postioned when the third party drove past on my off side in the right turn only filter lane and swearved into my path, striking the front of my vehicle"
and now i really do have to go
"i was procedding in the offside lane and was correclty postioned when the third party drove past on my off side in the right turn only filter lane and swearved into my path, striking the front of my vehicle"
and now i really do have to go
He wasn't in offside lane, and the lane she was in is not for turn right only.
She had every right to be there, but onus is on her to merge safely.
31-01-2008, 02:31 PM
#47
Originally Posted by C4llyT
Originally Posted by wirralphil
Originally Posted by dojj
having just seen the new diagram she's still in the wrong because her lane merges into his and if she has accelerated furiously in order to cut other cars up to get into the lane she needs to be in then that's an even better excuse
"I was proceding in the offside lane and was correclty postioned when the Third Party drove past on my off side in the right turn only filter lane. I was unable to take evasive action as there was a car to my left and so I applied my brakes. The Third Party vehicle swearved into my path, striking the front of my vehicle."
and now i really do have to go
"I was proceding in the offside lane and was correclty postioned when the Third Party drove past on my off side in the right turn only filter lane. I was unable to take evasive action as there was a car to my left and so I applied my brakes. The Third Party vehicle swearved into my path, striking the front of my vehicle."
and now i really do have to go
He wasn't in offside lane, and the lane she was in is not for turn right only.
She had every right to be there, but onus is on her to merge safely.
31-01-2008, 02:39 PM
#49
12 years of filling out accident forms has made me learn one invaluable lesson, make sure you aren't moving when you are hit because then the whole report can be summed up as:
"I was stationary with the handbrake on when the Third Party hit me."
"I was stationary with the handbrake on when the Third Party hit me."
31-01-2008, 05:09 PM
#50
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Mate, I drive lorries all day, and don't hang about either.
I apply what you've said.
If someone's taking the piss, or not getting over enough, just make sure I'm stationary.
If they want to bounce off the side of a lorry rather than slow down is up to them
I apply what you've said.
If someone's taking the piss, or not getting over enough, just make sure I'm stationary.
If they want to bounce off the side of a lorry rather than slow down is up to them
31-01-2008, 05:30 PM
#51
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Originally Posted by Benni
Probably the worst diagram in the history of diagrams, I doubt it will help your confusion, I'm no good at this stuff.
He is the blue car, she is the pink car, Benni.
He is the blue car, she is the pink car, Benni.
Like has been said they will probably apportion the blame to each driver if they were both moving, but it is by no real means your brothers fault, he may have avoided it if he had slowed to allow her in, but she shouldnt have been stupid enough to try and jump traffic like that without taking into account the others around her.
31-01-2008, 06:36 PM
#52
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Not your brothers fault, those who say he shouldnt have been racing her to stop her when his car basicaly wernt fast enough to, then neither should SHE tried racing him when her car wasnt fast enough to clearly get in front !
My ex had exactly the same thing happen to her.
She was driving her works escort van, posh tart in her BMW drove into the side of her
Mind you it was close as the tart in herBMW explained, quote "I had my indicator on so you HAVE to let me in"
Anyway as said your bruv shouldnt have any trouble as my ex's company won their case
The woman in your case on that road has a right to merge into traffic IF it is CLEAR to do so, otherwise she WAITS untill such time that it is THEN merges !
It like someone else said on motorway and dual carriageways, it is the reponsibility of drivers on the slip road WANTING to join the MAIN road to make sure it is clear to do so, and if it isnt they must WAIT at the end of the sliproad untill it is clear to enter the flow of traffic, NOT just oh shit ive run out of road i'll pull on and make someone move
THAT is one of my little hates people driving in the driving lane (nearside) who see a car comming down a slip road who think THEY must move out of the joining cars way , which normally is done in a mild panic quickly and often infront of a car travelling faster than them overtaking them , also happens frequently probs because (whether correct or not) non confident drivers sit scared in the "slow" lane and paic when a car is alongside them
Steve
My ex had exactly the same thing happen to her.
She was driving her works escort van, posh tart in her BMW drove into the side of her
Mind you it was close as the tart in herBMW explained, quote "I had my indicator on so you HAVE to let me in"
Anyway as said your bruv shouldnt have any trouble as my ex's company won their case
The woman in your case on that road has a right to merge into traffic IF it is CLEAR to do so, otherwise she WAITS untill such time that it is THEN merges !
It like someone else said on motorway and dual carriageways, it is the reponsibility of drivers on the slip road WANTING to join the MAIN road to make sure it is clear to do so, and if it isnt they must WAIT at the end of the sliproad untill it is clear to enter the flow of traffic, NOT just oh shit ive run out of road i'll pull on and make someone move
THAT is one of my little hates
people driving in the driving lane (nearside) who see a car comming down a slip road who think THEY must move out of the joining cars way , which normally is done in a mild panic quickly and often infront of a car travelling faster than them overtaking them , also happens frequently probs because (whether correct or not) non confident drivers sit scared in the "slow" lane and paic when a car is alongside them Steve
31-01-2008, 06:40 PM
#53
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The insurance have told him he is 100% in the right, and there shouldn't be a problem as long as everyone in the car keeps their side of events the same. Purely because she was in a very expensive car which will mean she will have a very good solicitor.
Benni.
Benni.
31-01-2008, 06:44 PM
#54
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Originally Posted by Benni
The insurance have told him he is 100% in the right, and there shouldn't be a problem as long as everyone in the car keeps their side of events the same. Purely because she was in a very expensive car which will mean she will have a very good solicitor.
Benni.
Benni.
Dont THINK solicitors come into it, it is down to the insurance companies to sort out.
UNLESS there are personl injury claims going in ?
Even then think they would have a tough job saying it wasnt her fault if the ins companies already agreed she ws at fault
Steve
01-02-2008, 10:01 AM
#55
Originally Posted by C4llyT
Mate, I drive lorries all day, and don't hang about either.
I apply what you've said.
If someone's taking the piss, or not getting over enough, just make sure I'm stationary.
If they want to bounce off the side of a lorry rather than slow down is up to them
I apply what you've said.
If someone's taking the piss, or not getting over enough, just make sure I'm stationary.
If they want to bounce off the side of a lorry rather than slow down is up to them
only 2 was my fault
the rest were when peole were pulling out in front of me or driving into the side of me and the like
i'm not about to put everyones lives at stake who are on the bus to slam the anchors on just to save a bit of paintwork
one of the guys i worked with slammed the anchors on to avoid someone who pulled out of a side road in front of him and killed some old granny who's head bounced off the windscreen
and they never found out who the car driver was so what happens? you get labeled as the guy who killed an old granny with your bus
01-02-2008, 01:29 PM
#56
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Benni - Nice one 
Brother was partly to blame, hardly defensive driving, and could have been avoided - but we all hate queue jumper bullys, I block them too if they're taking the piss
Dojj - Have heard it said about buses, can't just jam up due to all passengers, dunno if many still stand these days, been a long time.
But is cheaper to have a claim with a car than a load of injured people on board, not that it would often go against them I'm sure
Brother was partly to blame, hardly defensive driving, and could have been avoided - but we all hate queue jumper bullys, I block them too if they're taking the piss
Dojj - Have heard it said about buses, can't just jam up due to all passengers, dunno if many still stand these days, been a long time.
But is cheaper to have a claim with a car than a load of injured people on board, not that it would often go against them I'm sure
01-02-2008, 01:57 PM
#57
i was route learning some new driver and a woman who was sitting on the seat fell off as he hit a pot hole
her claim was for a bruseid wrist and a dry cleaning bill for her clothes amongst other things
and you normaly won't stand a chance against a bus driver hitting you unles there is a whole heap of evidence againt them as their insruance doesn't work the same as the average car drivers
her claim was for a bruseid wrist and a dry cleaning bill for her clothes amongst other things
and you normaly won't stand a chance against a bus driver hitting you unles there is a whole heap of evidence againt them as their insruance doesn't work the same as the average car drivers
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