who's in the wrong?

BDH73

New Member
Jan 5, 2012
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Hi, i had a quick question. If you are overtaking a car, that has not indicated, and it turns across you, who is in the wrong? the impact was on the side of the car that was hit and not the back of it. It's on a wide road, single lines etc. thanks
 

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
You would have to assume it's the person changing lanes who has pulled into the side of the overtaking car, however, I know from experience, these are often taken as 50-50 in insurance claims.
 

Shoot from the hip

New Member
Dec 19, 2011
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Hi,

I would've thought it would go 50/50 as both at fault.

First driver at fault deciding to overtake in an unsafe situation.
Second driver at fault for no mirror,signal then maneuver.

If on the other hand in the same situation but first vehicle being an marked emergency vehicle making the overtake with all necessary signals. Then I imagine the second driver being held liable.

What do you think?
 

T.C

New Member
Jan 5, 2011
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Although it may seem cut and dry that it would be split liability (50/50) it is often not as cut and dry as that.

Much depends on the location, for example was the overtaking driver approaching a junction where it would have been reasonable for them to anticipate the possibility of a vehicle emerging from or turning into the junction.

At which point did the overtake commence?

Were there any defects with the overtaken vehicles indicators?

How likely is it that the overtaken driver should or could have anticipated the possibility of being overtaken?

And there are a whole host of other questions that are asked and looked at.

Once the full circumstances are known, then it may be that whilst the vehicle that turned may be held primary liable, there may be a varying degree of contributory negligence against the overtaking driver, so as i say not as cut and dry as it may at first appear.
 

Shoot from the hip

New Member
Dec 19, 2011
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I don't wanna get too carried away but maybe throw in a bit of 'force majeure' through an 'act of god'?

Missed the bit about the car who was driving dangerously slow which resulted in the other car overtaking.