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Car Insurance...Messers - CJ_Derv - 24-08-2012
Im having a bad day had a call off the insurance..Well i dont know if you know i used to have a nice Blaze 306 Dtub
Which ended up being wrote off when a pri** in a S3 engined mark 2 golf decided to overtake me as i was indicating and turning into a side street.
He is denying liability and trying to say ive cut across him i did have 6 independant witnesses out of which only 1 hasagreed to sign their statement as to cwhat happend
Where as my insurance dont even seem to give a toss, and say it is more than likely going to go 50/50 and wont go to court because i havent checked my blind spot when turning. as far as i know you only have to check your blind spot whensetting off from a stationary position as when your moving so is our blindspot so therefore cannot be checked.
It makes you sick when you actually declare mods on your motor drive appropiatly and cos some nob decides to be a racing driver on a side street you end up paying for it.
So i may lose no claims how many they are unsure as yet, i always thought insurance would back your corner but seems when the other party is also with the same insurance company AF your basically knackered
Does anyone know if this checking blindspot is true whilst moving as theres a dvla test centre next door to my work and even the examiners who decide if you pass or not have never heardof it yet my insurance are adement about it that it will get thrown out if went to court even though he is in the wrong and breaking highway code by overtaking at a junction
sorry for big rant feel the need to get it off my chest without going to his address i have written in my file and doing something silly
CJ
RE: Car Insurance...Messers - Niall - 24-08-2012
Long but best bet is to read the highway code. Nothing in the highway code about it, they can't enforce it. They can't make their own road rules.
RE: Car Insurance...Messers - C.A.R. - 24-08-2012
Insurance is the biggest farce in history. A requirement that isn't there for you when you need it.
Really shit, hope it works out for you. Another reason for considering one of those dash-cams...
RE: Car Insurance...Messers - Toms306 - 24-08-2012
I was always taught to check the blindspot when turning, just incase there's a bellend on a bike coming alongside you trying to overtake really, I can't imagine I'd have been taught it if it wasn't in the highway code.
That said, isn't the highway code more guidelines than set in stone rules?
RE: Car Insurance...Messers - Niall - 24-08-2012
Highway code is much like all British standards. There not law and it's only recommendations but it might as well be law as they will use it in court against you if it turns out you have out and out ignored it
RE: Car Insurance...Messers - Toms306 - 24-08-2012
(24-08-2012, 03:30 PM)Niall Wrote: Highway code is much like all British standards. There not law and it's only recommendations but it might as well be law as they will use it in court against you if it turns out you have out and out ignored it
Ah right, I see.
RE: Car Insurance...Messers - CJ_Derv - 24-08-2012
Well even my old instructor thinks its a farce, and me dad was an instructor for years also and has never come across it. going to get one this weekend and have a look and if its not in there taking my little book to court.
Defo investing in a dash cam soon one for rear and also front with 5 minute interval timing
But it winds you up when you know your in the right and they are lyin through there back teeth and get away with it grrr
RE: Car Insurance...Messers - burnmw - 24-08-2012
Hmm, whilst I'm not sure it's a law it's most definitely common sense isn't it? For exactly the reason you've discovered/and that Tom mentioned.
Shame about what's happened though, because he really shouldn't have been where he was and that much is obvious.
RE: Car Insurance...Messers - Niall - 24-08-2012
(24-08-2012, 05:00 PM)burnmw Wrote: Hmm, whilst I'm not sure it's a law it's most definitely common sense isn't it? For exactly the reason you've discovered/and that Tom mentioned.
Shame about what's happened though, because he really shouldn't have been where he was and that much is obvious.
Yeah but in this idiotic society, what's common sense to you and me may not be to someone else and for that reason, everything has to be written down in some official way (e.g highway code). Insurance companies can't just say "it's common sense" because it might not be to some!
RE: Car Insurance...Messers - burnmw - 24-08-2012
(24-08-2012, 05:03 PM)Niall Wrote: Yeah but in this idiotic society, what's common sense to you and me may not be to someone else and for that reason, everything has to be written down in some official way (e.g highway code). Insurance companies can't just say "it's common sense" because it might not be to some!
Yup, true. I refer back to the "McDonalds have to put - Caution contents may be hot" on a coffee...
*shakes head*
What is this world coming to?
RE: Car Insurance...Messers - Scott - 24-08-2012
Don't forget that many packets of peanuts having warnings on them saying "Warning! This product contains nuts."
Anyway, that's a real shitter man. I don't think he should have a leg to stand on if he was overtaking you at a junction where you were indicating, not to mention he's overtaking what was (presumably) a 30mph residential zone
Car Insurance...Messers - Jonny b - 24-08-2012
I thought insurers would pass it over to a legal team if you have legal cover otherwise they don't care!
RE: Car Insurance...Messers - Niall - 24-08-2012
Also correct me if I'm wrong but I thought it was illegal to overtake on a road if your going to be doing its where a road joins? I never do purely for reasons like this.
RE: Car Insurance...Messers - Scott - 24-08-2012
^^ Exactly. Point 167
http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070314Tell them to f*ck their couch if they think you're going 50/50!
RE: Car Insurance...Messers - Niall - 24-08-2012
Quote:DO NOT overtake where you might come into conflict with other road users. For example
approaching or at a road junction on either side of the road
where the road narrows
when approaching a school crossing patrol
between the kerb and a bus or tram when it is at a stop
where traffic is queuing at junctions or road works
when you would force another road user to swerve or slow down
at a level crossing
when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled
stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left
when a tram is standing at a kerbside tram stop and there is no clearly marked passing lane for other traffic
Might want to forward that to the insurance company and the link that Scott posted
RE: Car Insurance...Messers - burnmw - 24-08-2012
(24-08-2012, 05:38 PM)Niall Wrote:Quote:DO NOT overtake where you might come into conflict with other road users. For example
approaching or at a road junction on either side of the road
where the road narrows
when approaching a school crossing patrol
between the kerb and a bus or tram when it is at a stop
where traffic is queuing at junctions or road works
when you would force another road user to swerve or slow down
at a level crossing
when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled
stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left
when a tram is standing at a kerbside tram stop and there is no clearly marked passing lane for other traffic
Might want to forward that to the insurance company and the link that Scott posted
Well, the checking your blindspot before turning may only be common sense, but what you've posted there is quite clearly the rules. And everybody knows rules is rules! And thems the rules!
RE: Car Insurance...Messers - Mattcheese31 - 24-08-2012
yes i didn't think you were allowed to overtake at a junction either . .
RE: Car Insurance...Messers - Popeye_6 - 24-08-2012
looks like AF are trying to save as much money as possible. if both of you are tpft and its 50/50, no payout for either party iirc, and they get to add a claim to both of your insurance
RE: Car Insurance...Messers - Eeyore - 24-08-2012
(24-08-2012, 03:29 PM)Toms306 Wrote: I was always taught to check the blindspot when turning, just incase there's a bellend on a bike coming alongside you trying to overtake really, I can't imagine I'd have been taught it if it wasn't in the highway code.
That said, isn't the highway code more guidelines than set in stone rules?
quite a few instructors teach you additional stuff though. Like when i teach sailing i teach more than just what is needed for the course!
RE: Car Insurance...Messers - burnmw - 24-08-2012
(24-08-2012, 08:17 PM)SRowell Wrote:(24-08-2012, 03:29 PM)Toms306 Wrote: I was always taught to check the blindspot when turning, just incase there's a bellend on a bike coming alongside you trying to overtake really, I can't imagine I'd have been taught it if it wasn't in the highway code.
That said, isn't the highway code more guidelines than set in stone rules?
quite a few instructors teach you additional stuff though. Like when i teach sailing i teach more than just what is needed for the course!
That's quite true. However I know I was taught this when learning to ride a motorbike, it's something that can save your life on a motorbike, more so than in a car. All riders will use the lifesaver look and I tend to drive my car as I would ride my bike; the same defensive manner.
RE: Car Insurance...Messers - Niall - 24-08-2012
Yeah the highway code doesn't teach you how to drive at all. Just the rules of the road. Defensive driving is essential now days otherwise you will get no where and could potentially cause an accident. If anything, driving instructors try and teach you not to drive defensively!
RE: Car Insurance...Messers - Popeye_6 - 24-08-2012
+1 this.....
lifesaver is literally that, a quick glance over your shoulder that could save your life. i personally think experienced bikers make better drivers purely because of how aware you have to be when youre on a bike
RE: Car Insurance...Messers - InkedMuttley - 24-08-2012
Regarding blindspots yes it is mandatory to check blindspots when moving off from a stationary position, which you was still driving so that's null and void. It is however considered bad etiquette if you are turning right and don't have a full field of vision if you don't check your blindspot whilst maneuvering, overtaking something etc.
Basically if you think to yourself that there may be a bike filtering etc then you *SHOULD* do a quick blindspot check, though it isn't mandatory IIRC.
As for the bloke overtaking in a residential area he's wrong...completely wrong!
RE: Car Insurance...Messers - CJ_Derv - 25-08-2012
Im just going to keep on at them because at the end of the day even if i havent checked my blindspot the speed he was travelling at it wouldnt have made a difference and i havent broken the highway code in anyway i did the correct procedure i was taught mirror signal manouver and he broke the highway code by overtaking at a junction
just gets you down when you know your 100% in the right and they are lying
RE: Car Insurance...Messers - cwspellowe - 25-08-2012
AF are, as someone said earlier, blatantly trying to f*ck you both over in an attempt to make more money for themselves. Premiums go up as you both have a claim, and who gets the increased premium? Them, for both policies. Plus no payouts. Blatant money making/saving scheme by them.
Stick to your guns, throw the highway code at them, and demand an explanation of why they see it as 50/50.
Then get c.a.r. to write you a neither-here-nor-there letter of complaint that he's so good at
RE: Car Insurance...Messers - ginge191 - 25-08-2012
(25-08-2012, 09:00 AM)cwspellowe Wrote: Then get c.a.r. to write you a neither-here-nor-there letter of complaint that he's so good at
c.a.r. being good at moaning... you must have him confused with someone else, surely...
I think Scott and Neill are onto something good up there with the directgov rules linked. I'd get onto this and perhaps even some photographs of the junction showing that overtaking HAS created the accident, not the lack of a shoulder check.
I wouldn't even bother justifying that "even if you had" done a blind spot check it wouldn't make a difference; it won't go in your favour...
RE: Car Insurance...Messers - Scott - 25-08-2012
Exactly, don't even mention that. You carried out a mirror check, signalled, and manoeuvred, yet he was the one who overtook you approaching a junction, ignoring your brake lights and indicator showing your intention to turn at said junction. You might want to start writing letters including quotes from the Highway Code, and making sure it's all properly documented.
RE: Car Insurance...Messers - CJ_Derv - 25-08-2012
Cheers guys will do and see how we get on
CJ
RE: Car Insurance...Messers - Popeye_6 - 25-08-2012
either way, if you have legal cover and want to take them to court, i dont believe they can worm out of that one.
good luck with it though bud, i hate seeing things like this. those of us who are legal and wouldnt think of not having insurance get shafted as soon as it comes to the insurance companies doing what we pay for every year
RE: Car Insurance...Messers - 98DTurbo - 25-08-2012
.....