Accident advice

[Paris 182]

Hello all. I would like to have your opinion on my mate accident.
He was in the outside lane when a van driver decides to change direction and go in front of him (because cars in front of him start braking) without checking his mirror (probably) and without using indicator.
The result was to crash on the back driver’s side corner with his front passenger side. I have attached some pictures.
The van driver step out blaming my mate.
Could you please point me in the right direction on how to handle this?

Regards
Paris

 

[Matt W]

Your mate has hit the back of the van = Your mates fault.

 

[Goodj]

As above. If you dont maintaining a safe stopping distance to traffic then, well, this'll happen.
@Sash, whats the official line on this kind of thing...as per your expanded green-x Code?
In any event, you'll need some strong video evidence to convince anyone of anything different.

 

[Advikaz]

Pretty sure if he's gone in to the back of someone he's f*cked. Unless he can prove the other guy was at fault.

 

[Paris 182]

Probably I haven’t explained correctly.
My mate was in the outside lane overtaking cars and the van driver from the middle lane pull out in front of him.

 

[Diagro]

This is why people can "push" into spaces that arnt there.

Because its up to the guy behind to see them and reduce speed, if they dont and they hit them from behind that's their problem as they were not paying attention

 

[Advikaz]

Probably I haven’t explained correctly.
My mate was in the outside lane overtaking cars and the van driver from the middle lane pull out in front of him.

In that case you're mate will still have to prove that. It's pretty difficult to argue rear ending someone unless you've got good proof i.e. dash cam or witness.

 

[Paris 182]

In that case you're mate will still have to prove that. It's pretty difficult to argue rear ending someone unless you've got good proof i.e. dash cam or witness.

yes my mate had a passenger and is happy to confirm that

 

[Advikaz]

yes my mate had a passenger and is happy to confirm that

Think it needs to be an independent. I'm sure someone on here can confirm.

 

[Goodj]

Probably I haven’t explained correctly.
My mate was in the outside lane overtaking cars and the van driver from the middle lane pull out in front of him.

Nope, you explained that fine.
just doesn't change that unless you've got 3rd party witnesses or a video of it happening, the fact is that he went into the back of another vehicle.
Which is, in insurance terms, open-and-shut case of it being his fault 😧

Think it needs to be an independent. I'm sure someone on here can confirm.

Yep
Otherwise every accident would come down to most-passengers-wins

 

[R3k1355]

Have you got the drivers details or the companies details??
I'd threaten to kick up a stink with the company if he doesn't admit fault.

As others have said, going into the back of someone is usually the person behinds fault in the insurance companies eyes.

 

[Goodj]

Have you got the drivers details or the companies details??
I'd threaten to kick up a stink with the company if he doesn't admit fault.

With the aim that it will achieve..........?
Because companies aren't charities, they have their own insurance premiums to consider, they wont go picking up the costs unless they absolutely have to....or are amazingly generous.

 

[R3k1355]

Put pressure on the man thinking you'll make trouble for him at his job, he might change his mind and admit fault to save the hassle.

 

[Goodj]

Put pressure on the man thinking you'll make trouble for him at his job, he might change his mind and admit fault to save the hassle.

So, lets say you had a bullet-proof way out of blame for an accident.
You COULD be all good samaritan and wave goodbye to your NCB, or at least end up paying out excesses and inflated premiums.
Or, you could just roll with the inevitable and not have to do any of that.

Unless OP's mate is basically the IRA, I wouldn't think that trying to "put muscle on" the driver is going to get him very far.

 

[Filters]

What does the highway code start about changing lane....M.S.M rule. Following that...there is also the blindspot check...which the van driver must of done.
If I were your mate. I'd be contacting his insurance company for his statement of events. if he moved lane without checking his blind spot (this will HAVE to be mentioned to show he followed correct driving standards) then that's where the knife would go and I'd play on that factor like crazy. Driving without due care and attention then comes in to play see.

However...highway code distances will come in to play. If your mate hasn't given himself the full correct braking distance between the car infront and himself....may aswell take the bullet and wave bye bye to the NCB and excess. Start fresh.

 

[DannyR]

Being in traffic did you not get any independent witnesses contacts as there must of been at least one?

 

[Paris 182]

Could you please explain to me what has to do with this case the distance between his car and the car in front of him? He didn't crash on to the car in front of him. He crashed to a car that pulled out in front of his car.

 

[Paris 182]

Being in traffic did you not get any independent witnesses contacts as there must of been at least one?

Unfortunately nobody stopped

 

[BarryWilson55]

As far as im aware, the van driver has changed his lane and has crossed into your mates right of way without enough room, therefore your friend had the right of way and should not be to blame, however the other driver will accuse your mate, so it'll probably end up going to court if it goes through the insurance as id imagine neither would stand down

 

[Paris 182]

As far as im aware, the van driver has changed his lane and has crossed into your mates right of way without enough room, therefore your friend had the right of way and should not be to blame, however the other driver will accuse your mate, so it'll probably end up going to court if it goes through the insurance as id imagine neither would stand down

My mate had 2 more passengers. I'm guessing will be happy to testify as witnesses

 

[Addicted]

I'd say 50/50 (as to how the insurance will play it). Though I'd blame the van for it as he pulled out without checking his mirrors and seeing it wasn't clear, no clue if he indicated. You cannot be seen to maintain a safe stopping distance when someone pulls in front of you, it's just impossible. It'll go 50/50 because while the Van driver is a c**t, insurance is the bigger c**t.

 

[BarryWilson55]

Its quite obvious from the damage that he hasnt hit the rear of the car and that the van has come across and struck corner to corner, he just needs to stick to his guns and eventually it should be proven he is not to blame
I'm guessing he didn't get pictures before the cars moved?

 

[Paris 182]

Its quite obvious from the damage that he hasnt hit the rear of the car and that the van has come across and struck corner to corner, he just needs to stick to his guns and eventually it should be proven he is not to blame

Exactly this is my point. He was so close when he decided to change lane that didn't had the time to position his car in front of my mates

 

[DannyR]

My mate had 2 more passengers. I'm guessing will be happy to testify as witnesses

Doesn't matter, they're not witnesses as they were involved.

Bit like you and two mates gang raping someone but you are all saying you didn't do it and the girl is saying you did, your bit getting away with it just on your accounts of events.

 

[icebergclio]

blatantly 50/50 all the way. your mate says this, he says that. this is why for peanuts id always install a recording camera that would have caught the van driver moving into your lane without checking = case closed/win.

 

[tom172w]

Why are people saying his mate didn't give enough room to stop?

How on earth would he or anyone overtake on a motorway if we had to keep a 'safe braking distance to the car on the inside lane of us?'

'No LOL m8 ur m8 went in2 bak of him defo his fault' Not as clear cut as that, at all.

Hope it's resolved easy enough for your mate.