158 replies to this topic

[Jetpilot]

Watching again and i just dont see why she went for a diminishing gap, she was on the outside and could have easily just braked and stopped in a straight line (wrong side of the road or not), personally i think its immaterial if you pulled out on her, she just didnt want to end up behind you.

 

Check the cctv as suggested, they are sure to have it and duty bound to let you have it under the data protection act, will give you a much better view to see her angle of attack.

[TheRealVXed]

I think the 3rd party lawyer would use that footage to say that your driver didn't even brake until after the collision as there is no dip in the camera before hand and cite that you weren't taking appropriate care.  So I reckon, like many others that even with the footage you'll be 50/50 on that probably.  Sad really, because clearly the other driver was assuming right of way (with no markings).  Also, the car making the manoeuvre (i.e. yours) is usually looked upon less favourably...

[robin]

shame dash camera isnt more wide angle

 

but as been said looks like they were in a rush considering its a parking area, is your car insured when on private land as in parking area of shopping area?

Reason i ask is tesco had a flood locally and no cars were covered under insurance as private land/parking area.

[Duncan_F]

To be fair Giles (after looking at the video), it appears that your partner was well in to her left turn when the other vehicle appeared to have to drive around your vehicle, and colliding whilst doing that.

 

 

That's how I view it as well.

 

If that had happened to me I'd have got out annoyed at just being driven in to.

[oblomov]

I would say it's definitely the other driver's fault not 50/50.  Your car is seen moving very slowly whereas the other is obviously travelling at some speed, and not only that, overtakes you after you have turned and cuts you up.  Impact is at the front of your vehicle; The other driver attempted to overtook and misjudged it completely.  She hit the front of your car as she cut you up apparently because she couldn't stop behind you because she was going so fast.     There was no marked right of way so the onus is on drivers to take care and make sure the exit is clear and you were well turned before the other vehicle appeared.  Whether or not you insurance company can argue that is another matter.

 

Did you make contemporaneous notes of your conversation with the other driver?  Always best to do so, counts for a lot especially if they say anything incriminating.

Edited by oblomov, 10 January 2017 - 07:10 PM.

[Andydavy]

Other drivers fault. Be aware that due to data protection supermarket will NOT give you the cctv. It can only go to someone registered with ICO. ie police or insurer. If they do give it to you they commit a VERY serious offence fine c.£50k

[mitm]

I've asked a bank to keep a copy of an incident for the police to view when they could, no problem. I think she's overtaken you, tried to cut in, over the chevrons, and clipped you.

[CHILL Gone DUTCH]

dosent look like there are any road markings to me

best you can hope for there is a 50-50% blame

[FLD]

Just watched it thinking it was a minor little thing.  She clearly must've crossed the solid white line into the chevroned area and tried to cut in.  Make her have it giles; right up the wrong un.  You were going at a crawl, she must've been a fair way off to come at that sort of speed.

 

ETA: No evasive action was taken either; why didn't she go onto the wrong side of the traffic island?  She clearly deliberately cut in on you.

Did you get the runners details as a potential witness?

Edited by FLD, 10 January 2017 - 08:26 PM.

[GiGo]

Looks like they hit you on purpose to me. We're they complaining of any injuries?

 

Funny you say that!  No she wasn't complaining of any issues.  We also now have photographic evidence of her being perfectly well.

 

Kelly helps operate a community project for the over 55's at the 'Polish Club' every Tuesday.  Who happens to turn up about 2 hours after the incident? Well this lady and her mother, her mother being the one over 55, not her.  She has happened to be photographed (along with others) relaxing and looking perfectly well, hopefully this will go against her if she happens to try and file a claim for whip lash!

 

The lady who we had collision with also obtained a witness at the scene (he was the one in gray jogging past), she would not give me the witness number as in her words "You may persuade him that it wasn't your fault!"  I have of course told the insurance company this.  The chap jogging past in on Facebook (who isn't!), I have made no attempt to contact him.  Strangely enough her surname that she gave me is not the one that matches her Facebook profile (it appears to be her maiden name), the lady when we exchanged details seemed to know Kelly's name when she said it, according to Facebook they have 5 'friends' in common.

 

The Aldi doesn't have CCTV in the car park as I rang and they said no they don't, I assume it is so they don't have to have the hassle of giving police/insurance companies the footage.

 

I did fail to tell this lady that I had a dash cam, so it will be interesting to see what she tells her insurance company and her version of events.

 

I am hopeful that it will favor us, but like others have said 50:50 will most likely be the outcome.  The fact that we hit her isn't good.

 

@TheRealVXed, I've looked again and there is 2 seconds between 'impact' and coming to a complete stop.  In those 2 seconds I think I said "What the fcuk! Where did she come from?!"

 

All in the hands of the insurance company, they have received the video footage and photo's so I will wait and see what happens.  The car is more than drive-able all except I have a missing side repeater cover and a either dislodged or broken side light bulb and a broken or leaky washer bottle, will check this when I have time.  In the mean time Kelly has another car she can drive for lessons anyway.

 

Cheers for the responses, I do love this forum.  I would be just as chuffed if people had turned round and said it was all Kelly's fault, which in all honesty I did think it was at first, but after looking at the video I doubted it.

 

Will update when I know more!

[GiGo]

sorry double pressed the submit button   

 

Edited by GiGo, 10 January 2017 - 08:32 PM.

[Harry Hornet]

 

Giles
Stop the video on 22 seconds and blow tbe image up

See if you catch a frame with her on a phone or distracted

Hh

 

Your wish is my command:

 

 

 

Had already been looking, right arm on the steering wheel, what was her other hand doing?

 

Damage to our car is minimal, see below:

 

 

 

 

 

Giles

 

Its my guess she was looking down to something on her seat and didnt even see you....pity you didnt get a picture immediately of what she was doing...although your dash cam has a real time on it....ask for a record of her telephone records and see if a call was going on at that time or text etc..

 

she must offer this as a record of the incident...if she doesnt then another plus in your favour or she she was then she would back out very quickly as it is an offence..

 

worth the try my friend

 

HH

 

[GiGo]

 

 

Giles

 

Its my guess she was looking down to something on her seat and didnt even see you....pity you didnt get a picture immediately of what she was doing...although your dash cam has a real time on it....ask for a record of her telephone records and see if a call was going on at that time or text etc..

 

she must offer this as a record of the incident...if she doesnt then another plus in your favour or she she was then she would back out very quickly as it is an offence..

 

worth the try my friend

 

HH  

 

That's a good idea! Never thought about asking for that, I assume the insurance company will be all over that once they review the footage?  I'm sure it will take weeks upon weeks for anything to happen.

[Andrew aka Stuwy]

They're at fault, you were had already turned and were in position in the road.

This. They failed to mitigate.

    Agree, you were in front, they sped past and cut across.  Its a private car park though with no marked right of way.. so no idea how that impacts the decision.

 A rtc can happen on a public highway or where the public have access.   The store's carpark would be deemed public during opening hours and private out of hours.

nope.

[ee601]

Have a look at pepipoo.com. Looks to me like the other car was far too fast and whatever Kelley was doing they should have had ample time to react, highway or car park... At pepipoo they concern themselves purely with driving and motorist justice. Lots of knowledgable folk on there and I can't recommend them highly enough. Definitely worth a look. Sent from my iPad using Tapatalk

[Madmitch]

Other driver's fault.  Looking at the damage it looks as if the point of impact is where she hit the end of your bumper rather than you driving into the side of your car as she was driving past.  Just trying to get out of the car park before you I think.

[Branagorn]

I went into the co-op accross the road from me to ask for CCTV footage after my Motorcycle got crashed into whilst parked.

 

The manager told me I'd have to email their head office, which I did.  I then had to fill in a form, and was told i'd have to pay a £10 fee to obtain this.

 

I went into the store the next morning (very early different shift, different manager).  This manager clearly didnt know the protocol and let me in the back to have a look.

[Bobby]

I'd say it was the other drivers fault. Seems like she was just going too fast to react. Kelly was moving slow enough to be spotted by anyone paying attention, it wasn't some wild unpredictable move.

[GiGo]

UPDATE:

 

Just had a phone call from the accident management company.  They have not got any confirmation that the lady was involved in the accident.  I asked him to explain what he meant.  "The 3rd party insurance company has not got confirmation about the accident, they have tried to contact but there is no answer"

 

Something seems a little strange about all this now.  It's been 20 days I would of thought she would of said something to the them by now unless she has something to hide?

 

Now the damage to our car is such that it's a new bumper.  Got one off ebay which needs painting for less than £100 and the paint will cost 50ish I reckon, oh and £20 for some new indicator covers.  So even if they do go 50/50 on a claim I'm really not bothered as our damage is minimal as so is the cost.

 

 

[CocoPops]

You cost NOW might be lower, BUT if you have to declare a 50/50 claim next year (and for next 5 renewals) then it will harm you. Hence it's worth fighting for it to be classified as nonfault.