Well, it had to happen to me.............. We were off for the weekend on Friday when a stupid young"person" decided to under-take me on an A road and bounced several times off my caravan before mounting the grass verge.I stopped 500 yrds up the road because we were on a very steep hill and he comes up and wants £50 from me because of a damaged mirror.WTF ?....... We exchanged details and another caravaner who he overtook wildly earlier stopped and said he saw what happened and he'd been trying to get by for a couple of miles.
The awning rail and door hinges are damaged and lower panel has some dents on my 1994 Swift.The van is not insured independantly so does anyone know the situation ? Will his insurance pay for the damage ? Will it effect my no-claims ? Is it an open and shut case as he was undertaking and i have an independant witness ?
People who know me cant believe how lucky he was as thats the way i would normally deal with the situation,how-ever,before the paperwork and phone calls begin,would like to know the facts where i stand.
Hi. Don't get angry, get your money from him. As he was in the wrong, get an estimate for all the repairs from your nearest main dealer and send it to HIM with a note on it that he should pass it on to his insurance company. In your letter, tell him just what he did wrong - attempting to overtake on the nearside which amounts to careless driving - and that you have a witness to what happened. You don't need to tell him who that witness is at this stage. Tell him you expect a reply within 14 days or you will be forced to start court action against him. Send it by registered post so you can check it has been delivered.
Remember that HE is the one responsible for the damage and it is up to him to ensure that you are recompensed for any repairs that his actions caused. His insurance is just a method for him to pay you for the damage.
If you don't get any joy, start small claim against him for the damage. It's not difficult and can be done online but it will cost you a fee which you can claim back from him.
Remember to make sure you keep copies of any paperwork.
Contact the police they may already know about his dangerous driving.
Two idiots raced passed us on a blind corner a few weeks back and we reported them and we were told the police were aware of them and would set their cameras to pick them up.
pjh10,s second suggestion is good cos its difficult to drive with broken legs
Thanks for replies................. off again for a few days but can't put awning up !!!!!
Will be back Wednesday or Thursday to answer anyone else's replies.Still a little concerened if he denies it,(which he will) and insurance says knock for knock.
how can he deny it if you have damage to your near side,and presumably his offside mirror is the one he wants replacing.he doesn't stand a chance,especially with your witness.don't give in,get as much as you can.maybe then he will realise and stop driving like an idiot.he might kill somebody in the end.
He is not allowed to undertake, but how is it there was an empty lane on the inside? You are allowed to pass on the inside if the outside lane is congested and moving slowly, whilst the inside lane is empty.
Do you have legal expenses cover with your car insurance? If so pass it all to them to sort out. You must notify your car insurance company anyway, even though you will not be claiming on your insurance.
------------- Caz
If you can't see the light at the end of the tunnel, just keep going till you go round the bend.
Like Brian, I have to wonder why you hadn't pulled over sooner, since he'd been trying to get by for several miles. However, I'm trying to be as objective as possible here:
"Undertaking" is not explicitly forbidden in law. The Highway Code indicates that the rules against overtaking on the left are advisory only. See, HC 162-169 and HC 268 - none of those rules are MUST NOT rules. A court might well consider "undertaking" to constitute careless or inconsiderate driving in many circumstances, but that doesn't mean that those who overtake on the left are automatically at fault in the event of an accident since it's your responsibility to check before changing lane (HC 133).
Who is at fault depends on the circumstances. If you were in L2 and moved to L1 while the other driver was alongside your caravan then the fault is yours; if he overtook on the left and then moved into your lane to hit your trailer, then he was at at fault. However, you'll need an independent witness to support your point of view. In the absence of such a witness I suspect the insurers might consider the most likely scenario to be that you changed lane as he was overtaking (i.e. that it's your fault) and the best you could hope for would be "knock-for-knock".
Adrianaxle,yes his off-side mirror was damaged,along with a scuff on his bodywork.
Brianconwy,i was in the outside lane as the lane divived into two and i was in the overtaking lane.I was in the outside lane to move past another vehicle.He came up the inside and pulled out and hit my caravan.
Bordercaz,not that i know off.
pajaholic.thats just my thoughts.How can i prove that a lad late teens in a car that has had hisrear lights changed to "lexus" style and god knows what else struggle to get by my witness and then hit me,a driver with zero incidents for 20 plus years,and i become the loser for losing my no-claims.
Blongs.driver txt me (gave details incl mob) and says he wants £50 for mirror and £300 for bodywork.When i suggested that he was in the wrong by undertaking went of on a wobbler and said i threatened him !!! ? WTF???.
You need to put aside your thoughts about the "type" of person who hit you. It makes you come across poorly.
If he just hit your caravan then presumably you have insurance for this and it won't effect your car NCB?
Contact your caravan insurers and ask them to deal with the claim against the other driver on your behalf, that way you get your caravan fixed without too much delay and the insurers will fight it out.
I have to say I agree with the previous poster that I think the most likely outcome in the absence of an independent witness is a 50/50 split as if you went to Court a district judge would have difficulty deciding between two conflicting versions of the same incident.
Still at least you were all alright. Get the van fixed and enjoy your camping.
Amazing family weekend with old steam engines, classic car displays, market stalls, and full catering and bar. And camping on site - Save £25 by booking in advance.
Topic: Where do i stand
