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Road Traffic Collision


mch1991
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I had a road traffic collision in February this year, very minor incident (I was overtaking a vehicle on a straight bit of road when as I almost completed my maneuver, a car emerged from a hidden single track country road to the right without stopping/looking).

 

I was fortunate in that I was able to avoid a full force impact into the side of the car, and managed to make a very minor glancing blow. All parties exchanged details and left, no injuries, really minor damage.

 

I haven't heard anything since February until today, in which my insurers have said no parties have pursued a claim, and because I didn't claim off my policy, the claim has been settled as a non fault claim with no affect to my no claims bonus.

 

I'm presuming this is the end of the matter?

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Yes should be. If the third party for whatever reason decides to pursue a claim against your Insurance, you should be informed. Seems unlikely though.

We could do with some help from you.

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  • 1 month later...
  • 2 months later...

Apologies for the length of this post.

 

I'm looking for some opinions in relation to a Road Traffic Collision that happened over a year ago.

 

I was driving home along a national speed limit road, the road extends to a straight that is roughly 1 and a half mile in length affording you great visibility ahead.

 

I was behind two slower vehicles (the vehicle infront of the line was a pick up truck in which the driver was on his phone), estimated speed was 45mph.

 

I overtook these two cars after planning ahead and seeing that no vehicles were oncoming,

I checked my mirrors,

blind spot,

indicated and glanced again at my mirrors before initiating the overtake.

 

As I passed the first vehicle,

I noticed a car pull into a small junction on the right hand side,

at this point I was committed into passing the pick up,

 

however the car that entered the junction (closed junction, single track country road),

didn't stop at the junction and rolled out into the road assuming it was clear to the left

(they were afforded roughly 900 meters of visibility to the left),

 

fortunately I was able to brake and turn avoiding a direct collision with this vehicle,

however a glancing blow was made.

 

After exchanging details everybody left.

 

Fast forward to a year later,

I've received a letter from a solicitor representing me saying that they will be trying to negotiate a 20% liability against me and 80% against the other driver, or at worst 50/50.

 

I've had a look at the potential case law that's being used and the arguments for and against me,

however I've made the following submissions in my favor;

 

- I started my overtake before any vehicle had entered the hidden junction,

there was no view of this junction due to foliage,

and no warning signs,

road markings indicated that overtaking wasn't prohibited and the lines on the road didn't get closer indicating a hazard ahead.

 

- I had ascertained priority over traffic joining from a side road,

and was proceeding ahead on the main road.

 

- The other party was afforded excellent visibility at the mouth of the junction and was required to give way to traffic already on the carriageway, by failing to do so committed an offence under s.36(1) of the Road Traffic Act 1988.

 

- Powell v Moody 1966 isn't applicable as the circumstances are different,

this case surrounds a motorcyclist who was passing a queue of traffic on a dual lane road,

and the vehicle emerging from the junction was given indication to do so by a HGV,

the motorcyclist was negligent because there was high risk of coming into conflict with other road users.

 

I accept one argument against me;

 

- Overtaking near a junction is negligent because it can put you into conflict with other vehicles, and whilst it's not illegal, it can be considered negligent.

 

Any thoughts or opinions would be most welcome!

 

Many thanks!

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old and new threads merged for history of advice already given

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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