Advice needed regarding an accident please

[andybnwc]

ive had friends with similar cases but the other way round ie being shunted from behind at traffic lights and one on a hill also. Both of which was told it was there fault for acidently putting it in reverse and the other for rolling backwards . One case was settled out of court the other is still on going

[Doug_S2]

You have to be careful here Alps - becasue he was indicating and you have noticed he was indicating - you even acknowledged his manouvre with your horn - it is silly but you have not acted on his intention to change lanes. It is common with buses changing lanes or pulling out - if you have seen them indicating and not taken avoding action, it is more often than not your fault.

[CliveH]

Yea, good point there Doug. Although buses of course do have right of way in certain circumstances, and is no excuse for the appalling driving of many bus drivers

I'd still fight it under Section 7.1 of the Complete T1t of a Driver Act...

[derdle]

CliveH - it's part and parcel of driving withou fue care and attention and in the Highway Code it says something about not leaving sufficient room between your car and the one in front in which to stop safely - hence if you hit the rear of a vehicle you have ither not driven with due care and attention, or not left sufficient room to stop.

Anyway - if this guy is a serial offender, it may be worth asking your insurance company to trace is registration number, although he may swap vehicles every few months, or trace claims involving this guy.

Did you report his driving to the old bill? I wonder whether his actions constitute "dangerous driving" by using the wrong lanes and then cutting you up. Mind you, they would probably do you for driving withour due care and attention - you know the way of this crazy world, sorry Country!

You could always keep calling the cab to pick up people from such and such a place. After a few weeks he'll be really pi**ed off. Obviously withhold numbers on your phone or use a BT payphone. Revenge is a dish best served cold.

Anyway - I hope you get your car sorted - that's the most important thing. If he is claiming off you then you might need to sue him (as suggested above) to recover your losses/insurance company losses.

[CliveH]

CliveH - it's part and parcel of driving withou fue care and attention and in the Highway Code it says something about not leaving sufficient room between your car and the one in front in which to stop safely - hence if you hit the rear of a vehicle you have ither not driven with due care and attention, or not left sufficient room to stop.

No Paul - leaving sufficient space between your car and the one in front is all about driving under "normal" circumstances. If some t1t pulls out in front of you or cuts you up, it's he (or she) who creates the insufficient space, and the one driving without due care and attention.

[derdle]

CliveH - without witness or video evidence you are not going to be able to prove that he cut in aggressively - the only evidence being the damage to the front and rear of each car. Both drivers will make opposing statements.

Paul

[CliveH]

I agree Paul - basically what I said earlier.

Lets hope there's some evidence on the traffic cameras. Although bearing in mind Doug's point about not observing indications, the footage may do as much damage as good. If he'd just cut Alps up, without indication, it would have been a different story.

[Alps]

Well, after a anger filled sleep, and then being rudely awoken by a phone call from the insurance company this morning, this afternoon I went down to the scene of the accident to have a look around at the camera positions.

I saw 3 potential cameras which hopefully caught what happened.

The first camera is at the traffic lights where we both were - me in the left hand lane and him in the right hand lane. I'm just hoping that this camera was angled so that it shows him taking a left hand turn from the right hand lane. If so - BINGO

The second camera is on the north circular facing in the direction which we were going. The camera unfortunately is about 20 - 30 yards BEHIND where the accident took place so it may not show him slamming his brakes on. What it may show though is him taking the left turn from the right lane... and more importantly the way in which he cut in front of me.

The final camera is in a BP station - which is about 5 yards from the accident point. If this camera caught what happened it will show clearly him cutting in front of me and then coming to a halt.

But I'm not holding my breath on any of these coming though. As we all know, law and luck mostly sides with the criminals and 4rseholes!!!

To add to all of this, I have a very nasty feeling this w4nker is gonna pull some witness's out of the hat. If he does I'm gonna make sure I fight it out till the bitter end.

Doug, sorry mate, I might have been a little unclear. It was me who was indicating to turn left. The n0b who caused all this didn't indicate at any time - he just assumed that he could cut in at any point in time with me giving him all the space he needed.

As for the gap between cars - when I went round the corner there were no cars in front of me... until this n0b cut in with about a yard of space between us. With that much of a gap there aint no way any car is gonna be able to stop... I mean, I was travelling at about 5 - 10 mph and I still couldnt stop.

Guys, I asked this before but can I ask again please - do you think it would be adviseable for me to call the guy who I smashed with to ask what company he drives for? Would this affect my case in any way? I would love to report his 4rse to his emplyer and keep fingers crossed that the employer gives 2 sh1ts! The concience of being a grass long passed me when I matured so I have no qualms about grassing people who are doing wrong

I'll keep you all updated

PS PS PS Lads, can someone suggest a good body shop in or near London please? Someone who can do me a top job.

Thanks all again for the help, advice and support

[CliveH]

Glad to hear that is was you was indicating. Lets hope there some reliable camera evidence. Don't forget to take some pictures of the scene, including the road markings.

I see no issues in your calling the guy, but given his attitude at the time of the incident I'd be surprised if he's prepared to talk to you.

Yes, please keep us informed.

[S4TAN]

this n0b cut in with about a yard of space between us. With that much of a gap there aint no way any car is gonna be able to stop... I mean, I was travelling at about 5 - 10 mph and I still couldnt stop.

My point exactly. If you can nail this bastard then pursue every means possible to do so.

[bobbler]

I fail to see how hitting the rear of a vehicle automatically makes you at fault?
So are we to assume that if someone pulls into your path removing your safe distance that its then your fault? How can that be?
How about when someone pulls out of a side turning and you plough into their rear end because they failed to note you where there?

I can understand fully in the case of hitting someone at lights or when you haven't left enough gap, that's your fault, but if someone pulls into your stopping distance and at the same time applies the brakes how are you supposed to be at fault? They have driven without care and attention surely?

I think your hope lies in either witnesses or the video evidence clearly showing him "making up a lane" where one did not exist IMO.

[CliveH]

My point exactly. If you can nail this bastard then pursue every means possible to do so.

Mine too !

[CliveH]

I fail to see how hitting the rear of a vehicle automatically makes you at fault?

It doesn't. See my earlier comments.

I can understand fully in the case of hitting someone at lights or when you haven't left enough gap, that's your fault, but if someone pulls into your stopping distance and at the same time applies the brakes how are you supposed to be at fault? They have driven without care and attention surely?

Absolutely - again, see above.

[s4woody]

alps if he was a licenced mini cab then regardless of what his boss says he is answerable to the public carriage office..they will expect a full and open account of this from him if you complain using what details you havefrom him..trust me i know this works..
the reason i wanted his make and registration of his vehicle is that i have a few mates in the mini cab game and if its one of there drivers he'll be out on his ear quick smart..

[Alps]

Woody, you have a PM dude.