ChatterBank4 mins ago
Right of Way
12 Answers
I was driving up a secondary road with no parked cars on my side of the road,but parked cars on the right hand side of the road.I had driven up the road past about five parked cars on my right when this motorist started to come past the parked cars on his side driving down the middle of the road,I had to pull over to the kerbside but still moving when the other motorist hit my offside wing mirror with his offside wing mirror.WhenI stated to him that my road was clear and it was my right of way he declined to answer,when I looked at my wing mirror he had cracked the plastic strip that holds the indicator light when I asked him whether he wanted to settle this privately or through his insurance,he said insurance co.The damage to fix the wing mirror came to �61-70, and my insurance co have told me to go fifty fifty as it is his word against mine,is this correct I'm feeling very angy as it was my right of way or am I wrong.
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In the UK, traffic priority (or to use the inaccurate phrase 'right of way') is always indicated by signs or road markings. Traffic rules and guides are based on the concept of 'giving way'.
If the incident you describe took place on a road with a centre line along the carriageway and the other driver had crossed this line then he has obviously failed to give way and is in the wrong.
Likewise if there was a sign indicating priority to one direction of traffic then this would clearly indicate which driver has failed to give way.
If no such road marking or sign existed then each driver had equal responsibility to give way.
If the incident you describe took place on a road with a centre line along the carriageway and the other driver had crossed this line then he has obviously failed to give way and is in the wrong.
Likewise if there was a sign indicating priority to one direction of traffic then this would clearly indicate which driver has failed to give way.
If no such road marking or sign existed then each driver had equal responsibility to give way.
Thankyou kempie,there was no road markings or lines or no signs to give way,but I feel upset that I did everything in my power to get out of his way and my insurance co say fifty fifty I pay the intial sum of �61 so wheres the fifty fifty even though I have to pay the first �150 of any accident,there was no damage to his car whatsoever so I do not get �30-50 from his insurance co.Is this fair or not.
The issue of paying 50/50 unfortunately doesn't depend on who was right or wrong in this situation. Your insurance company are simply saying that they would be unable to 'prove' that the other driver was in the wrong because of the lack of independant witnesses.
I'm sure that any insurance company would say the same thing.
A simimlar thing has happened to me and it is really annoying.
I'm sure that any insurance company would say the same thing.
A simimlar thing has happened to me and it is really annoying.
Dodds
Invest in a cheap digital comera. I had a similar experience and now carry one in the car at all times. I would bet that a few pictures taken at the sceen showing vehicle positions would have made a great difference to the outcome.
A camera that shows date and time on the pic is best.
Good Luck
Bekki
Invest in a cheap digital comera. I had a similar experience and now carry one in the car at all times. I would bet that a few pictures taken at the sceen showing vehicle positions would have made a great difference to the outcome.
A camera that shows date and time on the pic is best.
Good Luck
Bekki
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