Was I at fault.

[1cyl]

Dear aunty BCF, i wonder if you could offer some advice.
I had a collision today:

Two way single track road, blind bend, and both I and she reached the apex at about the same time.
it was a left hand bend from my point of view.


road was wet.

I managed to avoid a head on collision by mounting the verge and ploughing up the steep embankment but she made no evasive manouvers what so ever and as a result her front right smashed into my door pilar, about halfway up the window.

her first words were "you came round there far to fast" to which i replied "i was about to say the same to you". I was only in 3rd" she exclaimed.

No witnesses, and it appears no injuries. My van will need a new mirror drivers door and drivers side sliding. She'll need a bumper, hood, wheel arch panel, drivers door and headlight at least.

I did try to avoid the collison, does this count towards me? I really wasn't going fast, and to be honest i doubt if she was either, it was just bad timing on a nasty bend from where i was sitting and she didn't brake quick enough and attempt to avoid.

Whose at fault aunty, and how can the isurance settle this one.
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Chase my Witch up, Catch my Snitch up.
The SMC | The Pit | Stable

[Bloggsy]

Without independant witnesses I would say it will have probably be knock for knock

[1cyl]

[J4mes]

It means 50/50.

[The Artist]

It means 50/50. Your word against hers.

[soforene]

50/50
Insurance companies can't be arsed apportioning blame correctly so they'll stitch you both up with higher premiums while they sell your details to Ambulance chasers.

[Nexus Icon]

If you were turning left and managed to turn more to avoid a head on whilst she couldn't turn less to avoid it whilst turning right it suggests to me that she was the one who was in less control.

I'd fight this one all the way, especially if the van is roadworthy in the meantime.

She was speeding, she was not concentrating, she did nothing to avoid the collision.... Never waver. Never admit any liability. Be adamant and outraged when they suggest 50:50. Use legal aid if it's in your policy.
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Greetings from Shitsville!

[covent.gardens]

So it's a blind left-hander on a very narrow road. That sounds like it should have been taken at crawling speed by both of you. From the way you described it here, it sounds like you were both going too fast. I'd be surprised if it went anything other than 50/50, and I think that's actually a fair enough result.

If you managed to come to a complete stop, and she still drove in to you, then I'd have a lot more sympathy for you, but that's not what happened, and even if that did happen, you couldn't prove it.

[soforene]

[Rogerborg]

[P.]

[J0Al1]

Shame there is no credit for being the better driver.

[WildGoose]

If neither of you were stationary at the point of impact, it will go 50/50.

You can't expect insurance companies to speculate on the efforts made to avoid an accident, after you've already had the accident.


Best thing to take from this is always drive at a speed that allows you to stop in the distance you can see to be clear. Could be a horse, tractor, pedestrian, motorbike round that corner next time.

I had a similar accident a few years ago, head on, on a road that was too narrow to pass each other. It's really really hard to admit you fucked up, but it's the best conclusion to come to.

I usually try to imagine having killed someone, that's pretty good for helping you wind in your own sense of inflated ego. "I'm such a good driver it must be his/her fault". It's only a couple of hundred quid on an insurance policy, could have been a lot worse
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So in other words, he stopped you for being flagrantly in posession of a motorcycle in direct contravention of the Hippies, Darkies and People Whose Face I Don't Like The Look of (Police Powers) Act. 1976

[Islander]

If neither of you could stop then you were both driving too fast for the conditions. 50/50 I'm afraid.

I live at the end of a 3 mile single track and it never fails to surprise me how fast people drive over the blind summits and round the blind bends - an animal in the road (beef farming country), an agricultural implement, tractor or another car and they'd be fucked. I always slow right down whether im in my car or on my bike - I save the speed for the roads that are suited to it.