Accident, illegal overtake but no witness

[decade]

I had this

- cars were following some big truck at about 40mph in 60 zone and then just ahead is the first possibility to overtake straight into 70 zone.

 

everyone is taking right lane.

I usually have a solid distance to preceding car and

 

when I was doing it

- just along the white line

- guy behind used painted area to try to get in front of me and we brushed sides.

 

He has damage to back side of his car around back wheel arch,

I have damage to side at front between door and front lights.

 

INsurance advisor was only suggesting that as I was changing lanes I could be at found fault too.

 

I'm kind of not ready to take hit on that

[costs - car is important to get me to work far away],

but there is no witness,

and guy can claim he has overtook but never went over painted area.

 

The Only thing supporting my case is that there is junction in 200m and we have still managed to get it and stop round a corner

- crawling slowly for most of the distance after accident.

 

Road is busy and too dangerous to walk onto plus it was dark to get any evidence photographed. Only debris from side indicator could poss be found.

 

1. I'm not feeling at fault should I go already with letters in STICKY [more like messages as only phone number ready]

 

1a. When to send letter if only in few weeks I will know full extent of uninsured costs?

 

2. If I neglect that can he do the same?

claiming I was at fault and what is worst case scenario?

 

It is right thing to claim expenses,

but now I just feel 'how I did not see it coming in a side mirror'

but remember only it went fast and he had to well accelerate to be in front of me that fast :

Edited December 14, 2017 by honeybee13
Font colour changed.

[unclebulgaria67]

If fault is not clear, it will just be a 50/50. Insurers are not going to become involved in any argument to apportion % of fault. It will just be seen as a 50/50, both at fault.

 

Don't send any letters. Both Insured drivers just provide all information they have to their own Insurers and follow the claims process. You pay an Insurance premium for your Insurers to deal with sorting out your claim.

 

If this accident was clearly the fault of one driver e.g the other driver slammed into the rear of your car, because they failed to brake as they were not paying attention, then that would be a different matter.

[king12345]

As unclebulgaria said, it will probably be settled at 50/50.

I suggest you invest in a dashcam.

Even a very cheap one would have proved your point in this case.

There are so many bad drivers out there that make me think they're giving out driving licence s in sweet shops.

[honeybee13]

Hi.

 

I've changed the font colour of the OP to make it easier to read.

 

HB

[ericsbrother]

not illegal to overtake on chevrons but you must ensure road is clear as they are there to protect junctions etc.

 

Likely that 50/50 is the best you can hope for

[king12345]

i always thought you couldn't go on them (unless you are avoiding a collision or going around a stationary vehicle).

You learn something new everyday

[Nimrod205]

It is not illegal to overtake or enter a "boxed" chevron area if the white line bordering the chevrons is broken and it is necessary and safe to do so .

 

If the area is bordered by a solid line, it is illegal to enter the chevron area.

(Highway code - rule 130).

Edited December 14, 2017 by Nimrod205
syntax

[king12345]

The chevron area in the op's picture has got a solid line, so it shouldn't be driven over.

 

Doesn't really matter in this case because there are no witnesses and no footage, so it will probably go 50/50.

Shameful!

[sgtbush]

Other driver shouldn't of been in chevrons, you shouldn't of pulled out.

50/50

[decade]

sad and true - but I have decided to complete the paperwork for insurance company and draw situation on the road, in case something goes awkward, to then support my case.

 

But I have a question.

 

In this situation - DO I CHANGE LANE?

[dx100uk]

no neither of you should have attempted the early overtake.

the line was solid

 

are you SURE that the lines are as your pic?

 

 

dx

[king12345]

What you did is in the past and can't be changed.

The hard fact is that without witnesses and footage, unless the other driver admits fault, the claim will go 50/50.

Get a dashcam.

With all the idiots on the road playing with their mobile phone, it's now an essential motorist tool to limit insurance premium going up out of the known universe.

[mch1991]

If it's found that you changed your road positioning when a vehicle was overtaking and you made contact, then I'd imagine the insurance companies will find against you, especially when you state the collision occurred to the side of your vehicle, meaning a quick glance in your mirror would've been sufficient to have seen passing traffic, I'd imagine this puts you at fault.

 

The best outcome by the sounds of it is that it goes 50/50, however, I'd imagine they'll go for full liability against you unfortunately.

 

You shouldn't be overtaking without checking your mirrors and quickly glancing over your shoulder to check it's clear, then signal, then start the overtake.

[decade]

I have actually asked completely different question.

I wanted to know when one gets to this Y shaped split into 2 lanes without broken line in the middle, is it changing lanes [opposite to merging traffic] and where is he write up about it in highway code?

 

 

You shouldn't be overtaking without checking your mirrors

 

 

no neither of you should have attempted the early overtake.

the line was solid

 

are you SURE that the lines are as your pic?

 

 

dx

 

You lost me here. I was the green car being overtaken over painted chevrons.

 

And it's not like in the picture this is where it happened.

 

Today driving there with dashcam already @king1234 I got recorded another car doing exactly same manoeuvre like the guy that hit me [yes this is how I see it]

 

Should I report it? In Germany they would...

 

 

Areas of white diagonal stripes or chevrons painted on the road. These are to separate traffic lanes or to protect traffic turning right.

• If the area is bordered by a broken white line, you should not enter the area unless it is necessary and you can see that it is safe to do so.
  
• If the area is marked with chevrons and bordered by solid white lines you MUST NOT enter it except in an emergency.
  

 

http://www.highwaycodeuk.co.uk/lines-and-lane-markings-on-the-road.html

 

mch1991, u should think again about road situation where someone approaches you at (over)speed from behind and needs about 0.1 s to be from your tail to your side, you could be next checking your mirrors and relaxing before hitting someone.

[king12345]

Should you report the driver you recorded today?

If you have time to waste, by all means.

I once tried to report a van driver who did something very dangerous and scared the hell out of me.

The police said that a cd with the footage wasn't sufficient and they wanted the original sd card unedited.

They would have kept it in evidence.

My guess was that they would have looked through the whole sd card to find a fault in my driving so to screw me over, so i declined their offer.

[decade]

I guess I just start making YT videos, having your story in mind

[mch1991]

Unfortunately, minor transgressions with the law aren't always considered "negligent", for example, there's case law that supports the view that whilst speeding is against the law, it's not always negligent to exceed the speed limit.

 

It's your word against theirs, insurance companies will decide on the facts available, one huge factor is that a vehicle hit the side of your car when you started your overtake, this indicates to most people that you started your maneuver and ended up colliding with the other vehicle which was well established in their maneuver, on a legal position of the road at the time it happened.

 

Looking at the diagram and what you've said, anything less than full liability is a good result, you're negligent because you've had a collision with passing traffic that's hit the rear side of your car whilst overtaking, regardless of where the vehicle started the overtake, you'll struggle to prove the fact that the other party did something contrary to the law, whereas the provable evidence is that you have damage to the side of your vehicle, as does the other party, indicating a side impact with a car that was overtaking in a legal position at the time of contact.

 

Ever since my first collision earlier this year (non fault, overtaking a car on a straight country road, car didn't see me and pulled out from a small muddy track road into my path, fortunately minor damage), it's changed my manner of driving, defensive driving is best practice nowadays with the morons we share the road with, that and a dashboard camera that can prove my innocence should I need it.

[king12345]

My motorbike days taught me a very good lesson, to predict what other motorists are going to do wrong.

Saved accidents on many occasions and many times i found myself saying"look at this" to a car and a few seconds later it made some stupid manoeuvre.

Can i predict the immediate future?

I wish!

I think it's just survival instinct kicking in from when i was on two wheels.

[decade]

There only is so much you can predict, 15 years and 1st ever accident rather seems to confirm that, also it's the first year I have decided to protect my NCD, lucky me.

 

That's why I don't like too much what happened.

 

Still - does anyone know is green car changing a lane and any link to Highway code about it. I can't find anyting.

 

 

[disgruntled2007]

There only is so much you can predict, 15 years and 1st ever accident rather seems to confirm that, also it's the first year I have decided to protect my NCD, lucky me.

 

That's why I don't like too much what happened.

 

Still - does anyone know is green car changing a lane and any link to Highway code about it. I can't find anyting.

 

 

[ATTACH=CONFIG]70147[/ATTACH]

 

 

Rule 133 and 137.

[face-t]

Rule 133 and 137.

 

133

If you need to change lane, first use your mirrors and if necessary take a quick sideways glance to make sure you will not force another road user to change course or speed. When it is safe to do so, signal to indicate your intentions to other road users and when clear, move over.

 

137

On a two-lane dual carriageway you should stay in the left-hand lane. Use the right-hand lane for overtaking or turning right. After overtaking, move back to the left-hand lane when it is safe to do so.

 

 

Technically it's still single carriageway.

 

I could throw reversal situation here. When dual goes into single (merging) and middle broken line finishes, way before, car in front is privileged although looking from your point of view it's changing lane.

 

That's why I'm asking specifically in this situation, to habe a clear understanding, whenever this situation occur (as it doesn't apply to my initial problem).

[disgruntled2007]

133

If you need to change lane, first use your mirrors and if necessary take a quick sideways glance to make sure you will not force another road user to change course or speed. When it is safe to do so, signal to indicate your intentions to other road users and when clear, move over.

 

137

On a two-lane dual carriageway you should stay in the left-hand lane. Use the right-hand lane for overtaking or turning right. After overtaking, move back to the left-hand lane when it is safe to do so.

 

 

Technically it's still single carriageway.

 

I could throw reversal situation here. When dual goes into single (merging) and middle broken line finishes, way before, car in front is privileged although looking from your point of view it's changing lane.

 

That's why I'm asking specifically in this situation, to habe a clear understanding, whenever this situation occur (as it doesn't apply to my initial problem).

 

“Technically it’s a single carriageway”

Rubbish. It’s dual. With a solid chevron.

 

You’ve been given the answers, the rules. You should NOT have changed lane. End of story.

 

How’s that claim going?