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If you are pulling away from traffic lights with two lanes, and then there is a bollard on one side and the kerb is extended out on the other (like a traffic calming feature), narrowing the two lanes to one, who has the right of way?? Cos some bitch has just driven right into me, and pushed me onto the bollard!

Not sure where I stand?

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I went down and had another look myself, is your zed red, coz I saw one go up and down a couple of times. I was walking around in a grey T-shirt and three quarter "Lonsdale" pants.

I would say looking at it now, that there is NOT enough room for two cars, it is a single lane after the second set of lights. There is no way there is enough room for another car to be on the side where the parking bays are up to where the pavement buildup and bollards are! She was trying to sneek up that side, she was further back near my left rear wing, and then suddenly accelerated hard to undertake me and basically turned into me, shunted me out of her way and raced between them! How can that possibly be in any way my fault!?! I was exactly where I was supposed to be, and in the only lane there is at that point, the only place there is 2 lanes and room for 2 cars side by side, is actually at the traffic lights! There are NO signs regarding traffic flow, whatsoever, anywhere there. I had already had to move over a bit so that she didn't hit my arse end, because she was trying to squeeze up on the left side where there clearly is not room.

 

 

Oh yeh, forgot, I was going very slowly at that point as it was very busy.

Yeah, but you will have your version and she will have hers - but no witness - The insurance will go 50-50. To win this you need a witness to say she was behind your car when she hit you - That said - there must be damage to the back or rear side you your car - so dont know what the insurance co would make of that as it suggest she hit the back of you.

 

Still marginal though.

Yeah, but you will have your version and she will have hers - but no witness - The insurance will go 50-50. To win this you need a witness to say she was behind your car when she hit you - That said - there must be damage to the back or rear side you your car - so dont know what the insurance co would make of that as it suggest she hit the back of you.

 

Still marginal though.

 

The damage should indicate who was further forward.

  • Author

Whatever way you look at it, as far as I'm concerned, she has NO right to undertake me, turn in from my left and RAM me out of the way, EVEN IF SHE DID HAVE RIGHT OF WAY, which she didn't!!!!!!! And I honestly don't see how ANYONE could think that she can do that and it be ok! It states in the highway code that "if it will avoid an accident, you should give way" It was too late for me to give way by the time she decided she would zoom up on the inside and go past me! I was IN THE RIGHT PLACE, SHE WAS NOT! I was already just going through the gap, I would have hit the bollard island even if I had been able to avoid her. Only I would have hit it head on and smashed the front of my car completely, I/C's, oil coolers, rad, possibly sump and god knows what else!

What would you advise about repairs, coz I have used insurers "approved" repairers before with other cars, and had loads of problems, they are shit!! They don't bother about quality or anything. Trouble is, if you want to use your own repairers, they then want estimates and check your car over etc. Also this way, it takes a lot longer to get the work done, coz they have to approve the repairer etc.

If I need a new front wing, they will probably say I have to use some crappy pattern part coz it's cheaper, and I won't have that, I want a genuine Nissan part!

What do you lot advise about this?

 

By the way, thanks for all the help etc so far guys.

 

Get an approved repairers quote, a Nissan quote and one from a place you trust, I would still be suprised if they want to assess your car, they probably wont question the place you want to use as it will probably be cheaper.

  • Author
The damage should indicate who was further forward.

 

 

It doesn't really, coz she then scraped right past me and overtook me after initially hitting me. There is black tyre rubber from her front tyre (where her wheels were turned into me) on my upper front wheel arch tho. So her wheels must have been turned quite a lot, otherwise that wouldn't be there.

She zoomed up on the inside and then turned into my front wing, then continued past me after pushing me into the bollard kerb, she actually shunted the front of my car out of the way! She did this quite deliberately as well!!

I went down and had another look myself, is your zed red, coz I saw one go up and down a couple of times.
Yes, that would have been me.

 

I was walking around in a grey T-shirt and three quarter "Lonsdale" pants.

I would say looking at it now, that there is NOT enough room for two cars, it is a single lane after the second set of lights. There is no way there is enough room for another car to be on the side where the parking bays are up to where the pavement buildup and bollards are!

I'd have to disagree, but the road does taper to the point that there isn't enough room for 2 cars before the buildout.

 

She was trying to sneek up that side, she was further back near my left rear wing, and then suddenly accelerated hard to undertake me and basically turned into me, shunted me out of her way and raced between them! How can that possibly be in any way my fault!?! I was exactly where I was supposed to be, and in the only lane there is at that point, the only place there is 2 lanes and room for 2 cars side by side, is actually at the traffic lights! There are NO signs regarding traffic flow, whatsoever, anywhere there. I had already had to move over a bit so that she didn't hit my arse end, because she was trying to squeeze up on the left side where there clearly is not room.
I agree but, unless you have any witnesses, it's difficult to prove that you didn't zoom round her outside and cut across her. :(
  • Author
Yes, that would have been me.

 

I'd have to disagree, but the road does taper to the point that there isn't enough room for 2 cars before the buildout.

 

I agree but, unless you have any witnesses, it's difficult to prove that you didn't zoom round her outside and cut across her. :(

 

 

Yes I know it's difficult to prove, that is the problem. She was in the left hand lane at the lights tho and that's where she stayed, even tho I was in front of her, she was NEVER in front of me at any point, or in the proper lane where I had been all along. As you say tho, it is proving that!! Although having said that, it was very busy, there was a lot of traffic coming in the other direction and if I had overtaken her if she had been in the single lane as I and the rest of the traffic was, then I would have had to go right onto the other side of the road into the oncoming lane to have overtaken her! I would probably have hit the bollard thing at a completely different angle and probably damaged my rear wheel as well.

Its up to you now anyway - you could go the whole hog and claim all sorts of things now - loss of car - loss of earnings due to illness etc - Make her claim much bigger than it would normally be.

 

I'd remove the upgrades pronto just in case - you can put them back later.

 

Plus if she has been to the police then go and see a solicitor as there will be a record of it she will use in her claim.....you need to get some advice quickly.

 

If you reported it to your insurance co asap - before the cops came round then that should do to head that ine off as she cant claim you hit and ran as you did report it to the insurance - which you wouldnt do if you where hoping to avoid it - if you see what I'm getting at.

 

She seems like a bad person so watch yourself

Actually - you could well claim you gave her your car registration and name etc and she is lying - her word against yours. After all - you got hers didnt you?

If theres no witness then she cant prove a thing.

  • Author
Actually - you could well claim you gave her your car registration and name etc and she is lying - her word against yours. After all - you got hers didnt you?

If theres no witness then she cant prove a thing.

 

 

No I didn't get hers coz she wouldn't give them to me, she locked her car and wouldn't talk to me even tho I tried to give her my details. I had to go to the police station and fill in an accident self report form, and she will have to as well apparently, as we didn't exchange details at the scene.

  • Author
Its up to you now anyway - you could go the whole hog and claim all sorts of things now - loss of car - loss of earnings due to illness etc - Make her claim much bigger than it would normally be.

 

I'd remove the upgrades pronto just in case - you can put them back later.

 

Plus if she has been to the police then go and see a solicitor as there will be a record of it she will use in her claim.....you need to get some advice quickly.

 

If you reported it to your insurance co asap - before the cops came round then that should do to head that ine off as she cant claim you hit and ran as you did report it to the insurance - which you wouldnt do if you where hoping to avoid it - if you see what I'm getting at.

 

She seems like a bad person so watch yourself

 

I don't actually know how to remove the Apexis, they were in when I bought it, and it doesn't look as if they just unplug.

If it was me i would take photos of the car including tyre marks which shows she drove into you, and take photos of the road in question as well send them into your insurence company then they will be able to see the damage for them selves also send in the parograph of the highway code as stated earlier in the thread give insurence as much evidence as poss to fight your case, as i doubt she will do that, be 1 step ahead.

 

I just get so wound up if your born a white male in this poxy country your fooked before ya start. You get divorced its your fault even if your wife had an affair it be your fault they would say he drove me to it he didnt show me any attention, you point your finger at em your be called violent you have an affair coz you didnt get fed at home then your commiting adultery. the list goes on always our fooking fault

 

them bitchies that chaned themselves to the railings a 100 years ago should of been left there to rot, but the poffy weak polititions gave em the vote and a driving licence thats even worse.

 

go round the bitchies house and burn her shitty car, wound up now, now gonna take it out on the bird when she gets round later, tell her what a bunch of :xxx: they all are, lady z drivers the exception!

 

feel better now thanks :rofl:

Yep, agree with Carl.

Take loads of photos and also draw a 'map' of the scene showing where you were on the road etc. to explain everything to the insurers easily.

 

Also, if there are no road marking yet two lanes somehow merge in to one, do you have a claim against the council?

I reckon the insurance will want to go 50 50 on it, as said before there are no independant witnesses and also that way both of you loose your no claims and they get more money next year, you will have to put up a fight if you think thats unfair and then you need to be fairly sure you can win. I hate insurance companies, they are just thieves in suits.

 

Also, if there are no road marking yet two lanes somehow merge in to one, do you have a claim against the council?

 

Thats a good point? Dum dum duuuum the plot thickens

 

they should at least have a road sign with arrows and maybe the left arrow in red showing traffic on the left merges with outside lane, but would that be down to department of transport, i wonder how many more accidents that will happen there?

 

It shall always be known as the Sepp chicane (is it spelt like that?)

That's a bit self-contradictory, isn't it? The Code (not you Dave).

 

http://www.highwaycode.gov.uk/signs04.htm

 

Stop and give way

Not really, is it?

 

Stop means you must come to a complete stop and then you have to give way.

 

Give Way means that you have to give way but you don't need to stop first if there's nothing coming.

Same thing happened to me once, I was in the left hand lane and she was in the right lane, there were road works up ahead and her lane was closed so she started to drive into the side of my car. She didn’t give up and I ended up on the kerb, but in the end she ended up behind me. She was not happy at all, I was ahead of her in the first place if she was ahead of me I would have let her in no problem.

i know that bit very well drove it thousands of times mate, IMHO anyone who tries to undertake to get in front at that point is bang out of order, the obstructions blocking off the nearside lane are usually caused by parked cars outside the pet shop, really its an issue of merge in turn during the slow moving rush hour traffic, but if as you say you was in front when off the lights and she came up the inside (from behind you) then cant see the claim going her way at all, but as you can see she is she is prepared to make up any story she can, so get your claim in pronto and stick to your guns, hopefully the damage will throw up the relative position at impact etc

 

regards

 

I see you are from Redhill, so you would probably know the road, it is the bit going into Coulsdon on the A23. Just after the road works coming from Redhill, you go under the railway bridge round the roundabout and there is a set of lights where you can either go left or straight on towards Purley/Croydon. It was just the other side of those lights, just past the pet shop opposite the ATS tyre place!
My second point still stands tho...get them back in the kitchen!!!!

Shut the Fook up you arrongant barsteward i resent you're totally stupid comments.

 

 

As for the problem, if your car is in the front when two lanes are merging you have right of way. The other car in affect went into the back of you. That's if both lanes are for straight over.

 

The fact she refussed to talk and give out details goes against her. I would make a formall complaint about the attuide of the Police Officer and report the other driver for refusing to exchanged details and leaving the sceen of an accident.

 

 

Good luck with everything and go back and take pictures of the road markings for evidence.

Not really, is it?

 

Stop means you must come to a complete stop and then you have to give way.

 

Give Way means that you have to give way but you don't need to stop first if there's nothing coming.

 

Too subtle? ;)

 

1) The rules in The Highway Code do not give you the right of way in any circumstance

 

2) Stop and give way

 

If someone is stopped at a Stop sign and is waiting for you to pass, you are being given right of way. Therefore, the rules in The Highway Code DO give you the right of way in at least one circumstance (there may be more).

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