Who is to blame? - Page 3
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  1. #21
    Senior Member Geordie's Avatar
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    Ironically road position has not been questioned, as stated earlier they believed I had started my right turn after the blue car had moved over the white line and that was the basis for me being blamed.

    Even though the insurance company have now done a U turn and claim to be fighting for a no blame settlement for me, I recieved a letter from them discussing my complaint. It contained the following text:-

    I’m sorry you are disappointed with the liability decision made by our credit hire handler, Heather. I understand that she called you on 1 August 2019 and stated that based on the third-party allegations and your footage, we would not be able to defend but would be aiming for a 50/50 split lability. In order to mitigate our losses, she paid the third-party vehicle damage on a without prejudice basis.

    So basically, even before she had seen the full allegations made against me, she admitted defeat and has paid the third party. I now don't see how I can come out of this blame free, as paying out is as much as admitting responsibility in my eyes.
    But it is there in black and white, the insurance company were mitigating their losses. In other words, it is cheaper to pay up than defend me!

    I should also add, it looks like Heather had misinterpreted the case law. The case law stated the maximum blame I should carry for this accident was 25%, so why offer to go 50/50?
    Last edited by Geordie; 08-13-2019 at 01:22 AM.

  2. #22
    Senior Member BigOne-94-14's Avatar
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    Quote Originally Posted by trevloc View Post
    This is just a CALM discussion between forum members , Right ? We are not at war and neither of us is named TRUMP. Lol.

    I can only take the OP's word for it. ----See post 1,--- that he WAS indicating.


    If you think he is lying then that is your prerogative.---- He, by the way, was NOT signalling to pull into traffic, he was signalling he wanted to TURN RIGHT. ( As per post one. )

    As to road position, it would only be a guess on my part and as such not really relevant to the discussion.

    of course it’s just discussion. Where did I question whether Geordie was indicating or not? I don’t understand where you think I questioned Geordie’s honesty. I questioned where the Blue driver might interpret what he saw, if he was even paying attention.

    I remain fascinated that you appear deaf and blind to the fact that a signal ‘s intended meaning is open to interpretation.

    @Geordie, I’m also fascinated by the insurer’s stance that the Blue car had crossed the line before you moved. I’d be questioning the accuracy of that contention. Ironically it seems like you begin to move at the same time the Blue car comes into the frame. I’m not sure it is possible to tell with certainty that it has crossed the line at that moment.

    what is your plan, Geordie? Are you going to try to fight the decision? I assume yes on the 25 vs 50% share of blame ...?

  3. #23
    Senior Member leedsrhino15's Avatar
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    Mostly the blue car. They might argue that always check your mirror before turning but what do you expect from someone who drives a Renault

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  5. #24
    Senior Member DELuth's Avatar
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    Yeah, I really don't care what the pedantic letter of the UK law says about percentages and whatnot. The blue car driver is a can't drive dickhead that should have never attempted to pass like that.

    Passing like that at that speed with oncoming traffic was stupid. Where is people's sense of self-preservation? The oncoming suv driver should be mad at the blue car also for moving into their lane.

    Then again, you have screwy traffic markings and laws over there. Maybe that is considered ok. Over here, the blue car driver is a dickhead all day long.
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  6. #25
    Member trevloc's Avatar
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    Quote Originally Posted by DELuth View Post
    Yeah, I really don't care what the pedantic letter of the UK law says about percentages and whatnot. The blue car driver is a can't drive dickhead that should have never attempted to pass like that.

    Passing like that at that speed with oncoming traffic was stupid. Where is people's sense of self-preservation? The oncoming suv driver should be mad at the blue car also for moving into their lane.

    Then again, you have screwy traffic markings and laws over there. Maybe that is considered ok. Over here, the blue car driver is a dickhead all day long.
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  7. #26
    Member trevloc's Avatar
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    Quote---( From BIGONE> )-----I remain fascinated that you appear deaf and blind to the fact that a signal ‘s intended meaning is open to interpretation.

    I am partially deaf but even on a good day I couldn't hear a car indicator working. Lol.

    Not blind as to me that flashing indicator could mean--

    1/ I am turning right.

    2/ I am about to overtake a cyclist.

    3/ I have acidentley hit the indicator stalk and I don't know it's flashing

    4/ I forgot to cancel it from my last right turn.


    Non of those things means-----Go ahead, overtake me.-------

  8. #27
    Senior Member Geordie's Avatar
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    Quote Originally Posted by BigOne-94-14 View Post
    what is your plan, Geordie? Are you going to try to fight the decision? I assume yes on the 25 vs 50% share of blame ...?
    As far as the decision goes, I am screwed. My insurance company took great pleasure in pointing out to me, buried in the terms and conditions, they have the final say. So I will end up with somewhere between 25 and 50% of the blame for this accident, as that is the cheapest option for the insurance company.

    I will be raising a claim with the Financial Services Ombudsman, who oversee the insurance service but they can only rule on procedure not blame. My insurance company have made errors, they misinterpreted case law and have been trying to justify this to me and mislead me as to case law. That said, I will win that but that will not change the fact I am still held as accountable for the crash.

    I am struggling with this as I thought the video would vindicate me, live and learn.........

  9. #28
    Senior Member leedsrhino15's Avatar
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    Insurance Companies are like bookies, they are the only ones that win. It appears fairly clear in the video the blue car is at fault. Hope you buck the trend and win cos it seams fairly clear cut to me

  10. #29
    Senior Member BigOne-94-14's Avatar
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    Quote Originally Posted by trevloc View Post
    Quote---( From BIGONE> )-----I remain fascinated that you appear deaf and blind to the fact that a signal ‘s intended meaning is open to interpretation.

    I am partially deaf but even on a good day I couldn't hear a car indicator working. Lol.

    Not blind as to me that flashing indicator could mean--

    1/ I am turning right.

    2/ I am about to overtake a cyclist.

    3/ I have acidentley hit the indicator stalk and I don't know it's flashing

    4/ I forgot to cancel it from my last right turn.


    Non of those things means-----Go ahead, overtake me.-------

    I guarantee every one of us regularly passes people who are signaling to pull into traffic. The signal to do so is not a right of way. But whatever.

  11. #30
    Member trevloc's Avatar
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    Quote Originally Posted by BigOne-94-14 View Post
    I guarantee every one of us regularly passes people who are signaling to pull into traffic. The signal to do so is not a right of way. But whatever.
    Even if it means pulling over into the OPPOSITE side of the road.---

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