Lyonspride Posted July 12, 2018 Posted July 12, 2018 I've been involved in a nasty collision in my daily driver, those local to my area may have seen it in the local news, i'm not going into any detail on a public forum, but someone decided to undertake and bully their large tradesman type vehicle into a non-existent gap (when I was only peripherally aware of my left) and he ended up barrel rolling off down the road, leaving complete carnage in his wake (it would have been a perfect karma moment if not for the innocent parties that got caught up in it). They are of course pointing the finger at myself and setting the ambulance chasers after me, so now i'm setting about pulling my evidence together, I have some pretty strong evidence, but it needs to be idiot proof and i'm probably not thinking of everything, because what is obvious to me, is often not obvious to other people. Quote
Nick Algar - Competition Secretary Posted July 12, 2018 Posted July 12, 2018 Sorry to hear that. Be very careful what you say to anyone is first advice and don;t admit any liability. Talk either to your insurance company or if you have it, legal cover with your insurance, then speak to them. If your vehicle was not damaged then it will be the Police who decide I would have thought, but no experience. If serious it might be worth getting your own lawyer even if you had to pay for it. Good luck. Quote
wizzer Posted July 12, 2018 Posted July 12, 2018 Where you protecting the none existing gap( been there caught someone's back end and spun them round) or did you actually not see him either way he's in the wrong under taking A******e Quote
Lyonspride Posted July 12, 2018 Author Posted July 12, 2018 10 minutes ago, wizzer said: Was you protecting the none existing gap( been there caught someone's back end and spun them round) or did you actually not see him either way he's in the wrong under taking A******e No, the traffic had slowed, not by much, but i'd been running on CC for the last mile or so and had just turned it off, so there was a little bit of bunching up. I didn't see him, I knew there was something on my left, but I didn't pay it much attention due to concentrating on the traffic ahead and never in a million years did I expect someone to be forcing their way over. He was 50% into "my" lane by the time i'd noticed and gotten onto the horn, and then from there it was all over in seconds. Sounds like you had a similar experience? Quote
DonPeffers Posted July 12, 2018 Posted July 12, 2018 Any dashcam footage or witness statements? Was the undertake at high-ish speed (say 50 mph or faster) so illegal undertake OR was it at 15 mph, trundling of 2 slow lanes in traffic build up? "Barrel rolling" suggests the other vehicle had a fair head of steam before collision. Any Police cameras observing that bit of road or even Joe public home CCTV pointed in the correct direction? Do you have any legal cover under your car insurance policy to take advice from a professional? Good luck and hope all ends well. Quote
wizzer Posted July 12, 2018 Posted July 12, 2018 2 minutes ago, Lyonspride said: No, the traffic had slowed, not by much, but i'd been running on CC for the last mile or so and had just turned it off, so there was a little bit of bunching up. I didn't see him, I knew there was something on my left, but I didn't pay it much attention due to concentrating on the traffic ahead and never in a million years did I expect someone to be forcing their way over. He was 50% into "my" lane by the time i'd noticed and gotten onto the horn, and then from there it was all over in seconds. Sounds like you had a similar experience? Sound to me like your totally in the clear Quote
DonPeffers Posted July 12, 2018 Posted July 12, 2018 I was a bit slow typing my reply and see other members advice now. The other vehicle will be clearly at fault if it can be proved he undertook and entered your lane damaging your car on the passenger side. Any following cars with dashcam footage? Quote
Lyonspride Posted July 12, 2018 Author Posted July 12, 2018 1 hour ago, DonPeffers said: I was a bit slow typing my reply and see other members advice now. The other vehicle will be clearly at fault if it can be proved he undertook and entered your lane damaging your car on the passenger side. I have wrap around headlights and bumpers, so it's difficult to make a clear distinction. Need to be more careful in future as to what cars I pick!! Quote
Man On The Clapham Omnibus Posted July 13, 2018 Posted July 13, 2018 Expect the 3rd party to lie - it is now almost standard behaviour. Very sorry to hear of your mishap. Quote
Andrew O Byrne White - Ireland AO Posted July 13, 2018 Posted July 13, 2018 Completely agree with the others on the other driver being at fault, but WRT comments about undertaking being illegal, my understanding is that it's actually not. If somebody knows better, please correct me if I have this wrong. It's often classed as and penalised as "dangerous driving" but passing a vehicle on their LHS is not strictly illegal in its own right when done properly and safely. Otherwise if a car was doing 50 in lane 3 of an empty motorway we'd all be scuppered. Merging non existent gap on the other hand... 1 Quote
jeff oakley Posted July 13, 2018 Posted July 13, 2018 My advice would to not put anything on any social media. Innocent comments like "I didn't see him" will be twisted beyond belief by a shady lawyer, ignoring the rest of the statement. Don't put anything in writing to anyone but your insurers legal team and always check who they are, we have had people phoning claiming to be someone they are not. Try not to worry that is what you pay the insurers to do for you. It sounds like you were just in the wrong place at the wrong time. 1 Quote
Lyonspride Posted July 13, 2018 Author Posted July 13, 2018 2 hours ago, AndrewOBW said: Completely agree with the others on the other driver being at fault, but WRT comments about undertaking being illegal, my understanding is that it's actually not. If somebody knows better, please correct me if I have this wrong. It's often classed as and penalised as "dangerous driving" but passing a vehicle on their LHS is not strictly illegal in its own right when done properly and safely. Otherwise if a car was doing 50 in lane 3 of an empty motorway we'd all be scuppered. Merging non existent gap on the other hand... The highway code lays out exceptions to that rule and it's a little bit fuzzy, but it's basically only allowed if traffic is moving slowly or indicating to turn right, and you cannot change lanes in order to undertake. Without the exceptions the roads would grind to a halt. Quote
pistonbroke Posted July 14, 2018 Posted July 14, 2018 The statement " I didnt see him " might suggest to a court you were driving "without due care and attention " by not observing other road users . Quote
Rory's Dad Posted July 14, 2018 Posted July 14, 2018 5 hours ago, pistonbroke said: The statement " I didnt see him " might suggest to a court you were driving "without due care and attention " by not observing other road users . Agreed Quote
DonPeffers Posted July 14, 2018 Posted July 14, 2018 On 13/07/2018 at 13:20, AndrewOBW said: Completely agree with the others on the other driver being at fault, but WRT comments about undertaking being illegal, my understanding is that it's actually not. If somebody knows better, please correct me if I have this wrong. It's often classed as and penalised as "dangerous driving" but passing a vehicle on their LHS is not strictly illegal in its own right when done properly and safely. Otherwise if a car was doing 50 in lane 3 of an empty motorway we'd all be scuppered. Merging non existent gap on the other hand... Thanks for clarifying that only advisory not to undertake. I found https://www.rac.co.uk/drive/advice/legal/undertaking/ Quote
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