Well, had a nice old 'bump' this morning with another car on a single track road in the icy conditions.
The road was flat, and has passing places every 50 metres or so; I was half way between my passing places, and the other driver, who was at her passing place, chose to carry on regardless, result being we hit about 10 metres from her passing place. I couldn't actually believe the other driver carried on - unfortunately, as my Corolla lacks ABS, my car skidded and hit a glancing blow - mangled my drivers wing. Car being picked up by RAC later (no front drivers headlight).
Should the other driver should have stopped given she was nearer her stopping place ? The highway code says "They may have special passing places. If you see a vehicle coming towards you, or the driver behind wants to overtake, pull into a passing place on your left, or wait opposite a passing place on your right. Give way to vehicles coming uphill whenever you can. If necessary, reverse until you reach a passing place to let the other vehicle pass."
Would rather like to recover my excess .....
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I'm quite happy to be corrected, but I'd say the ins. cos. will view this as a 50/50.
Remember that you could have stopped in the road, even if not at a passing place, and if the other driver had then hit you it would have been 100% their fault.
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Would rather like to recover my excess .....
No chance mate. Single track road - It may have passing places, but unless it has signs indicating otherwise no one has right of way no matter how near the other is to the passing place.
In fact - if she was stationary, you are at fault.
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TourVanMan TM < Ex RF >
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are there any independant witnesses. If not Im afraid your ins co will pay for your damage, other car ins their damage, classic (knock for knock) incident. Sorry to say you will lose your excess. It sounds like no one was hurt and that is the important thing.I remember many years ago my son was wrongly done for mega excessive speed.Was able to prove that he could not have done the speed that was alleged and CPS reduced the speed to what I believe the idiot was doing, (my son) Could have got him off, but I would not allow that to happen, he would most probably be dead by now if he had got off. Had six months of anguish and went to court on the day of the case. Also in court was a father who was appearing in Court for killing his 18 month old son. Found guilty later of murder, and is still in prison. Learnt a big lesson that day about getting uptight about something that although was important to me, in the big scheme of things was not enough to take over your life. I hope you are ok. Try and have a good christmas and put the incident to bed.
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And if she was stationary - she'll attempt to recover from you. Easy enough to say, "I had to stop where I did to be safe and I was hit before I could reverse".
Dare say Mark can say more.
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If she was stationary you could have problems since I think you may find her seeking her excess from you; and if you were the one who slid into her, then you're on a sticky wicket.
In the end it won't make much financial difference to you what she calims or how much she claims, since I assume that you'll route it all to your insurer, but you may find it a little annoying.
Even if she does not claim from you, I can see no justification for you claiming from her. The fact that she passed her pull in place is not relevant, especially if she was stopped bfore you got to her.
Sorry.
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>>If not Im afraid your ins co will pay for your damage, other car ins their damage, classic (knock for knock) incident.
"knock for knock" agreements are nothing to do with any question of blame, nor whether or not there are witnesses. It is simply an agreement between participating insurers not to sue each other where all other matters are equal - policy cover, no injury etc. etc.
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thanks for the advice everyone !
Only downer at the momnet is hoping the front damage isn't enough to write the car off ...
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What age Corolla is it? I shouldn't have thought a damaged wing and headlight was enough to write it off.
Hopefully.
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What age Corolla is it? I shouldn't have thought a damaged wing and headlight was enough to write it off. Hopefully.
Have you seen the price for Toyota spare parts?
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Nope.
I was only trying to offer some comforting advice!
I'll...just...go now.
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