Hello folks back again after a long layoff.
I am hoping someone can give me some advice on this. I had an accident in the Mondewoe last March. I posted about it then. I was turning right off the main road into a small side road and was in the turn right box. There was a car in the side road which was turning right onto the main road. There was a car coming the other direction but some distance away. As I turned into the side road the other party came out and hit my car in the rear passenger door and rear quarter. We exchanged details and then the letters started. I have refused any liability in the accident and have now been given a date to go to court (I have legal representation with my insurance). He is claiming that I cut the corner so close that I hit his stationary car. My question is, with no witnesses that stopped do I have a reasonable case based on others experience? His word against mine etc!
Bill
Mark,
Do you still have the post I made that long ago, I couldn't find it when I did a search?
Thanks
Bill
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Bit baffled here, is it a Police Summons or a Small Claims Court type thing ?
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One of my workmates observed an accident where the second car at a junction decided that the road was clear to go and forgot that there was a car in front of him. The guy in front asked him to act as witness for him, just in case. When the case came up the second guy claimed that the guy in front had reversed around the corner into his stationary vehicle. Truth doesn't seem to be a factor in insurance cases
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Bill,
I take it you\'re using the \"Forum Search\" (right under where you log in/out) and not the \"Site Search\" at the top of the page?
The \"Site Search\" will now only search everything on the site except forum messages.
I have had a quick look for you using the \"Forum Search\" using obvious words like Mondewoe, accident, side road, and putting your name in as the author, but only stumbled upon partial mentions of it within other threads.
Maybe Mark will have better success than me.
DD.
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Hey welcome back PU - good vacation???
Looks as if this is a civil matter as they get Murder cases to Court in a year, due cares etc much, much quicker.
Admit nothing William as you have legal represtentation. From hastily drawn sketches on my note book from your account you seem to me more in right that t'other one. But beware as in a County Court then blame goes on "balance of probability" and not
"beyond a reasonable doubt" as under criminal law.
DVD
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Excellent Vacation DVD thanks. Luggage caught up with us a day late and we landed at the wrong airport coming home otherwise stess free.
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Bill,
I can't find it, but I really cannot imagine that we would have removed it. I'll look again later.
Mark.
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I would imagine the damage patterns would be quite different for the two accident scenarios you describe. If, as you say, he drove into your car, then the damage would be limited to the impact area. If, as the other driver claims, you hit him, then there would most likely be evidence of scraping along the flanks of your car. If the damage hasn't already been repaired, then any decent damage assessor would be able to spot the difference.
Andy
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If you collided passenger side to passenger side, then I don't think you followed the Highway Code - driver around each other, driver to drivers side. But that has to be a mutual error.
If he says you drove into his stationary car, how come he was stopped so far out to the right that you could do so? You wowuld have to drive between him and the traffic light post.
It'll boil down to exactly where the cars were at the point of collision - did you make notes, draw a map AT THE TIME? One drawn later is NBG.
Good luck!
John
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John, i was assuming he meant rear passenger door as in the door to which a rear passenger gets in, rather than the passenger side, and that they were indeed about to turn driverside to driverside. So i assume the damage to be on the driverside rear door?
Correct me if i'm wrong, someone
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Do you still have the post I made that long ago, I couldn't find it when I did a search?
Is it this one?
www.honestjohn.co.uk/forum/post/index.htm?t=13463&...f
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Stephen Khoo
www.khoosys.net
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I found that one as well.
What is disturbing I seem to remember th original post.
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My first accident occured when a driver pulled out from a parked space and hit my car. No witness came forward at the time (though his neighbour did a day later, happened to be cleaning his windows at the time !!). He said I drove the car into him, I said that he pulled out.
Eventually got to the stage where I had to see a solicitor and I had to explain all the details of the crash and what happended. A court apperence (civil) was due but eventually it was all settled about a month before out of court (taken as knock for knock) with no need to appear.
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Bill, having been ON the Main road dont you automatically have priority over someone who is joining from a side road ? Surely whether you are going straight on or turning right the car in the side turning has to Give Way to you. He may have been stationary but had pulled out into the path of an oncoming vehicle. Sorry if I am way off track but this would be my gut instinct here.
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Thanks to all of you posted replys to this. I am sorry that it has taken so long to come back to you, but you probably have gathered from other posts I have a lot on at the moment.
DD you where correct, I did do a site search but even in the forum search I cant find the post I thought that I had made. Possibly deleted due to a comment I made about the ethnicity of the 3rd party being well know in the area for not having insurance. I appologise he did.
PU it is a civil case.
DVD balance of proof is my case easier than criminal.
Mark, See my comment to DD above but I am sure I have posted everything that has ever happened with the Mondewoe.
PS When it goes to the grave yard in the sky I will offer the owner of Clayton Bridge dismantlers a reasonable sum above the scrapping charge to be the person who pushes the button to crush it.
Bill
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I remember the original thread as well. Whilst I wasn\'t a mod back then, I seem to recall it did get pulled, in which case it\'s gone, shuffled off its mortal coil, run down the curtain and joined the choir invisibile. It is an ex thread.
In other words, having done a search or two I can confim it no longer exists. Having read some of your other threads I can also confirm that you are one unlucky motorist!
No Dosh
mailto:Alan_moderator@honestjohn.co.uk
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Hard luck Bill. Bet you were glad you weren't on the bike at the time. Keep us posted.
Hawkeye
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Stranger in a strange land
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I'd agree with Pezzer. You are leaving the main road so have right of way over a driver joining.
Didn't the priority at junctions used to be?
1.Staying on the main road.
2.Leaving the main road.
3.Joining the main road.
4.Crossing the main road.
Is this still vaild?
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