thebesh Posted May 27, 2011 Share Posted May 27, 2011 Great day today - had car booked in for 1st MOT and service today and I couldn't find the paper part of license to get use of a courtesy car so I thought I'll head into office and wangle a lift off someone. So I left my house and headed down to my folks. As I drive down the road to the square in Inverurie there is some traffic at the lights, not stopped, and cars are waiting to cross my lane to head out to Oldmeldrum. So as I get closer I flash a car to let him go, then I carried on moving forwards and suddenly the next car hesitates and then decides it’s going to go as well and cuts right in front of me and bashes into me. We pulled into the side of the road and I got out and asked her why she was cutting in front of me – she said that I flashed the car in front, which I did and it didn’t mean her – secondly the speed she did it at she knew I wasn’t going to let her go. I was pretty angry as you can imagine and then she tells me this is her 2nd accident this week – I made a comment about driving like that I’m not surprised. So my morning has been spent getting my car to the garage and being on the phone to my insurance. To me she hasn’t got a leg to stand on – I didn’t acknowledge her and she’s cut across my path. My front bumper has a hole in it (not big) and has been scuffed (the bumper will need replacing) and one of the headlights is slightly scuffed. Her car was a bit more of a mess with one of the back doors panned in – although as I explained to the insurance when she said she had already had an accident this week I wasn’t sure if it was all damage from our collision. My excess is 750 note and she better bloody take responsibility for this. Knowing the hassle my mum had when someone ran into her I’m expecting this one to also be a long drawn out affair. All I’m concerned about it not having to lose 750 quid and have my premium go up because of this. Insurance gave me the option to wait for 30 days to see if they take responsibility, which is fine for me, but I'd like it sorted ASAP obviously. Any advice/tips chaps? Quote Link to comment Share on other sites More sharing options...
Ekona Posted May 27, 2011 Share Posted May 27, 2011 I hope you had a witness else I can see this going down as 50/50 when she starts claiming that you flashed her across. Quote Link to comment Share on other sites More sharing options...
sparky370z Posted May 27, 2011 Share Posted May 27, 2011 I hope you had a witness else I can see this going down as 50/50 when she starts claiming that you flashed her across. +1 if no witness, then its her against you. i bet she claims tit for tat!! Quote Link to comment Share on other sites More sharing options...
Ozz Posted May 27, 2011 Share Posted May 27, 2011 I hope you had a witness else I can see this going down as 50/50 when she starts claiming that you flashed her across. I wouldn't be surprised if this was the case, I'm sure I read something in the highway code that its illegal to flash people. I always just wait and let them decide if they want to come out after seeing someone do it and get smashed to pieces by someone not checking lane next to them. To add, I can't see her taking responsibility as its the first think the insurers warn you not to do. They'll take her statement, which will include you flashing the car in front, and decide from there. EDIT: Checking this reference to the highway code, you're both in the wrong! The current Highway Code is clear and unambiguous about the use of flashing headlights; Rule 110 states: 'Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users.' Rule 111 adds: 'Never assume that flashing headlights is a signal inviting you to proceed. Use your own judgement and proceed carefully.' The rules quoted above are a development of a basic principle which has been in the Highway Code from the early days. The 1946 Highway Code (rule 36) stated: 'Do not rely on signals to proceed given by unauthorised persons' (although, ironically, it also contained the 'I am ready to be overtaken' arm signal!). Quote Link to comment Share on other sites More sharing options...
thebesh Posted May 27, 2011 Author Share Posted May 27, 2011 I couldn't really get a witness who would have seen the whole thing unfortunately. I'm hoping she's stupid enough to explain that I flashed the car in front and not her (to me that should be an open and closed case). I also remember from driving lessons when I was 17 that flashing wasn't allowed, but hey we all do it. I even flashed a copper the other day to let him out. My excess is 750 and I don't see how I should be 350 quid out of pocket as she thinks she can nip out in front of me. Quote Link to comment Share on other sites More sharing options...
Ekona Posted May 27, 2011 Share Posted May 27, 2011 The second she mentions you flashing I suspect you're screwed, as because it can be misconstrued that's why it's not recommended. Don't get me wrong, I do it too and I'd be just as mad as you are, but sadly that still doesn't make much difference. Quote Link to comment Share on other sites More sharing options...
TomS Posted May 27, 2011 Share Posted May 27, 2011 If it sounds like she's going to contest it being her fault why admit to flashing her? Surely you could have accidentally knocked it and she just pulled out. I would've thought it's her fault regardless of flashing or not. It's like pulling out of a junction because someone is indicating to turn, if they hit you it's not entirely their fault as you're only meant to pull out when its clear and safe to. Assume everyone on the road is an idiot, it helps. Quote Link to comment Share on other sites More sharing options...
Husky Posted May 27, 2011 Share Posted May 27, 2011 If it sounds like she's going to contest it being her fault why admit to flashing her? Surely you could have accidentally knocked it and she just pulled out. I would've thought it's her fault regardless of flashing or not. It's like pulling out of a junction because someone is indicating to turn, if they hit you it's not entirely their fault as you're only meant to pull out when its clear and safe to. Assume everyone on the road is an idiot, it helps. you didn't flash her, you turned your lights on. Quote Link to comment Share on other sites More sharing options...
HaydnH Posted May 27, 2011 Share Posted May 27, 2011 I would've thought it's her fault regardless of flashing or not. I would agree with this - you could have been flashing your lights to let someone know you were there as per the highway code guidelines... Quote Link to comment Share on other sites More sharing options...
mookstar Posted May 27, 2011 Share Posted May 27, 2011 Yep, it’s probably going to go all the way. 3 years ago I had some one reverse out of a parking bay and they crashed into me damaging my wing, head lamp, alloy, front bumper etc. He caused just over £2000 worth of damage. The guy got out and claimed I was traveling to fast to which I replied my cars not that fast as I only just turned on the road and I proceeded about 50 yards before the Wan**r pulled out on me, I also pointed out that if he saw me and decided I was traveling way to fast why did he reverse out in front of me? To cut the point, the guy claimed it was my fault even though clearly he was at fault and he wouldn’t admit responsibility. As I said it’s been just over 3 years and it still hasn’t been resolved. I’m sure the amount of time these cases take with chancres not claiming responsibility as they have nothing to loose, cost us and the insurance company’s in the end? Quote Link to comment Share on other sites More sharing options...
thebesh Posted June 9, 2011 Author Share Posted June 9, 2011 Bump - got a phonecall today from Insurance company and the lady's Insurance company are accepting 100% blame for accident Over the moon - 20 days after accident and the result I was looking for. FYI - I actually sent a note to my insurers a few days after the crash saying........ I was looking at Facebook and I thought I would search for Lady's name here to see if there was any mention of the accident on Friday. When I went onto her public profile and read the information she has made public I was shocked to read the following....... (see attached screenshot) in her OWN words...... About Lady's name here "Aggressive and impatient to many people lol and thats just when i'm driving..... " This may just be a flippant remark, but it would certainly explain her lack of patience driving and cutting across in front of me when I have right of way. I would also like to note that there is a yellow box junction where she cut across me and I do believe the highway code states..... "174 Box junctions. These have criss-cross yellow lines painted on the road (see 'Road markings'). You MUST NOT enter the box until your exit road or lane is clear. However, you may enter the box and wait when you want to turn right, and are only stopped from doing so by oncoming traffic, or by other vehicles waiting to turn right. At signalled roundabouts you MUST NOT enter the box unless you can cross over it completely without stopping." Now I don't know if any of this had any bearing, but I'm just over the moon that the crazy cow's actions haven't left me hundreds of quid out of pocket. Justice has been done. Quote Link to comment Share on other sites More sharing options...
Keyser Posted June 9, 2011 Share Posted June 9, 2011 Good result then I share your pain my nice new Astra van got shunted up the back today My engineer was driving went to pull accross a roundabout and a car suddenly cut accross both lanes in front of him no indication nothing, My mn stops as he should the lady behind goes into the back of him. He calls me I go out - She says .... wait for it ... Its his fault he stopped in front of me! She latter changed that to its the car that cut him up ... then to "I suppose its my F*****ing Freakin fault" her words..... I'm fully comp so will wait and see what the insurance companies decide! The lady that called me asked the milage 772 - "That is the lowest I'v put on a accident form" O I feel better about that Quote Link to comment Share on other sites More sharing options...
thebesh Posted June 9, 2011 Author Share Posted June 9, 2011 Not nice man My old man used to be in the motor trade and the best one he ever heard was someone being hit on a roundabout as the other car decided to reverse on a roundabout. He ended up taking the entire blame as nobody would believe someone was stupid enough to reverse on a roundabout! Quote Link to comment Share on other sites More sharing options...
DP7657 Posted June 9, 2011 Share Posted June 9, 2011 Glad to hear you got this sorted. I have to say though, the onus is on her to make the decision. Whether you did or did not flash should be irrelevant. The highway code clearly states that a flash / indicator should not be relied on so that is no excuse for her to blame you for her own stupidity. P.S. Nice move with the background check on her, great idea! I stalked the guy I bought my Z from before going to see it too! Quote Link to comment Share on other sites More sharing options...
Michael robinson Posted June 10, 2011 Share Posted June 10, 2011 P.S. Nice move with the background check on her, great idea! I stalked the guy I bought my Z from before going to see it too! Just shows how good but dangerous Facebook is everything you put on there can be used against you . Quote Link to comment Share on other sites More sharing options...
LordGrover Posted June 10, 2011 Share Posted June 10, 2011 P.S. Nice move with the background check on her, great idea! I stalked the guy I bought my Z from before going to see it too! Just shows how good but dangerous Facebook is everything you put on there can be used against you . Same goes for forums like here and PH. Quote Link to comment Share on other sites More sharing options...
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