Sorry, it's still not really clear how the road and the cars are laid out - the story keeps jumping from a bend to a hill and I can't be certain which part of the road is on an incline, how steep, or how much this would affect what happened. No chance you could post a couple of relevant photos (with registration numbers blanked out, obviously) to clarify things a little? The place to put them is here:
groups.msn.com/honestjohn/problems.msnw
Dave.
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Sorry, but I am being a bit dense about this as well.
However, you were, at least partially, on his side of the road ? Over the white line ?
How wide is the road ? Is there a turn lane ?
Personally I don't fancy your chances, but I need to be able to understand the accident before Ic an really comment.
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Would it not be practical and helpful to post some of the clearer pics you have to www.honestjohn.co.uk/redirect.php?http://groups.ms...1
Mark? Ok with you?
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Well, you could have used a slightly different URL, but in principle that would be ok, yes.
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Well, you could have used a slightly different URL, but in principle that would be ok, yes.
Ooops. See your point..... :o(
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Mark has no control over the hotmail site. Lee H (Citroenian)set it up for everyone to use.
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To be clear, the photograph site is not connected in anyway to this, Honest John, site.
It is a facility, sadly little used, which Lee kindly set up some time ago for general use of backroom inhabitants.
However, if you click on the link that was posted, my comments might become a little clearer.
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Dave.
DTD, I could have sworn your post wasn't there when I entered mine! I must be having one of those afternoons. Sorry for the confusion folks.
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Peter -
May I recommend that you read the
"Prang-how do I convince insurers" thread.
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Peter,
Is this it...
You're taking a right turn onto a lesser road, the right turn happens to be halfway round a lefthand bend on the main road.
As you are part way across the opposing carriageway you realise there may be an impact and stop. This is what presents the n/s of your car to the other driver.
You are saying there is blame on his part because he was straddling the white line whereas if he'd widened his line to the kerb/verge side of his carriageway he may have slipped past your bonnet and missed you.
MM
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My front N/s wheel was on the opposing carriage way when I stopped and yes he was stradling the while line with both his O/S wheels. If he had braked and locked up whilst he was on his side of the road he would have gone straight passed my nose. He could have easily driven round my nose if his staring position had been from his lane.
Thanks for seeing the picture. Peter
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Hmmm, if I'm picturing this right then it sounds like you should have stopped sooner. You shouldn't have crossed the centre line until you were sure of getting across the junction safely. It's quite possible the other guy briefly saw your car halfway across the road and took it that you were blocking his way, therefore you were about to move out of it. He would have hit the brakes when it became apparent you were just sitting there... Sorry.
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"it sounds like you should have stopped sooner"
Or, maybe, not stopped at all.
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Peter,
Essentially you were turning right across his carriageway. Despite the fact that you saw him coming and stopped you had still encroached on his space.
It is difficult to say how far your presence caused him to cross on to your side and hit you. You would effectively have to prove that he was already on your side of the road before there was any chance of an impact. Anything else could be said to have been influenced by your presence.
However, you'll even struggle to prove that he was on your side when the impact occurred.
And bear in mind, as I said somewhere else recently, that you have to prove that events are not as they might immediately seem (the default view, if you like). That is going to be really tough.
You have the possibility that he feels it is his fault and has said as much to his insurer, you also have the possibility that he could be bluffed. Personally, I would doubt both given his composure at the scene.
It is extremely unlikely that you will avoid any blame whatsoever, and he might come after you for his uninsured losses. If I was in his position, then I would certainly do so.
If you even pick up a portion of the blame, then you will lose your NCD and probably be unable to reclaim any portion of your uninsured losses.
Sorry for the negative news, and I might be completely wrong. But that's how it looks.
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Thanks Guys.
As TrevorP Said I shouldn't stopped at all I would have been well out it.
Peter
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A general point that occurs to me:
Might be an idea to put a disposable camera in the glove box and in the event of an accident, BEFORE moving anything, take a few photos. At the very least you'll have some evidence...
I'll be buying one this weekend.
V
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I can picture the scene perfectly, there is a similar junction close to me. If you are waiting to turn right the traffic coming from the left, with the right of way, always cuts the corner, even though there is an area in the middle for vehicles to wait when turning right. Nobody waits there!
If you were 300mm on his side of the road, he would only need to be about 500mm on your side for the impact to be in the middle of his car. So it seems that you are both at fault.
However it would appear that the other driver was not paying attention if you were stationary and were watching him coming. Or possibly he could not see you because of the sunlight?
Unfortunately, with no independent witnesses, you're probably stuffed.
As you say, dumb accident. Best of luck.
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Might be an idea to put a disposable camera in the glove box and in the event of an accident, BEFORE moving anything, take a few photos. At the very least you'll have some evidence...
Absolutely top tip. Especially in a case like this where it's not easy to describe. Peter - were your photos at the scene or taken at home? Either way better than nothing.
Also, keep the camera in the car! I've had a disposable camera in the car for the last two and a half years but took it out the other week along with all other possesions as I was getting the car ready to sell. Ended up in an accident three days later.
Grrr :(
James
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Alternatively £30 will get you a small digital, useless for detail (that can come later when you get home) but fine for getting the general view of the location, relative positions of vehicles etc.
A tape measure, pen and paper are also pretty smart additions to the glovebox.
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Excellent advice about disposable cameras - I have had 2 accidents (not my fault) where the photos have really helped. If you have an accident (not your fault), leap out the car, ignore the other driver (unless of course they are injured) and photograph the scene. This may seen unnatural but it means the other driver is more likely to be honest and less likely to start fabricating what happened when they are sat at home two days later with the claim form. As i have said, helped me twice...
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