Lane Change And Rear-Side Swipe By Bus

[EViS]

I was changing lane from the right to the left to go in front of a bus in the left lane. As I started pulling into the left lane, the bus driver accelerated not to let me in and as a result scraped the rear-left-side of my car (next to the lights). There was no serious impact damage as such on my car. We exchanged details with the bus driver handing me a 'Metroline Travel Accident Card'.

 

Who is likely to be at fault here from the point of view of the insurance companies?

 

The damage is marginal (a bit of t-cut will sort the scrape out), so I'm not even sure its worth me claiming. But is Metroline likely to claim against me, in which case I may as well tell my insurance company now and be the first to kick up a fuss?

[sailor sam]

If it was a newish bus, it will probably have CCTV cameras fitted. From what you describe, the bus driver may of been considered to be driving recklessly. But in any event, you must pass the details on to your insurers for them to deal with.

 

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[heliosuk]

Doesn't matter. You moved lane so was your responsibility to judge the situation regardless of who or what was in any lane. You moved into the path of the driver as you admit. Sorry this is down to you. As Sam says, just pass on the details to your insirer.

[Conniff]

I agree with the above posts, but I also agree that the bust driver put his foot down to stop you getting in. I've seen them do this on numerous occassions while driving and as a passenger on a bus, it has gotten to the point that a few years ago I decided I would no longer give way to buses ie let them out of their stop etc. Sod 'em.

 

Just make sure you commit everything to paper now so you can't forget any of the little details should you need them later.

[Ganymede]

Doesn't matter. You moved lane so was your responsibility to judge the situation regardless of who or what was in any lane. You moved into the path of the driver as you admit. Sorry this is down to you. As Sam says, just pass on the details to your insirer.

 

 

I'm afraid I have to agree with this post.

[Conniff]

Although I agree, and have said so, there is mitigation, like the, hitting someone up the rear, is not 'always the one behinds' fault as it used to be.

[EViS]

Although I agree, and have said so, there is mitigation, like the, hitting someone up the rear, is not 'always the one behinds' fault as it used to be.

 

Really? Could you give some examples where this may no longer be true?

[Surfer01]

Really? Could you give some examples where this may no longer be true?

Numerous cases are available if you Google as it was also being used as a con at one time to defraud insurance companies.

[Conniff]

Insurance companies have set up investigation departments to combat the ever growing fraudulent use of what is a rule of thumb law that the car behind is always at fault. There are many cases now documented showing how a car pulled in front of someone and braked hard so they got hit as it was assumed that it was always the vehicle behinds fault. This isn't the case any longer and these type of accidents and whiplash claims are now investigated to establish who was at fault and not just assume it was the car behind.

 

 

 

The same is true of pulling away on a roundabout and then stoping abruptly so the car behind hit you, it is not taken for granted any longer that the car behind must always be at fault.

 

I was thinking of a specific case I remember, will try and find it.

[Ganymede]

Obviously scenarios where the Claimant pulls in front of the Defendant or does some other intentional act to cause a rear end shunt the claim will be investigated and rightly so.

 

However, the vast majority of rear enders are still where the Claimant is stationary at traffic lights or a junction etc. In these cases liability will still rest with the car behind on every occasion.

[Conniff]

I was just trying to make the point that the rule of thumb that it is 'always' the guy behinds fault is no longer true. No matter how it happened, there was no defence but there is now.

 

I will find the court case where the judge summed it up rather well and post.

[EViS]

That would be interesting to read, thanks Conniff .