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Who has right of way when....

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joe90:
A few weeks back the Mrs was on her way into work, and had to overtake a parked van on an otherwise clear lane.

The lane was clear and she commited to the manouver to overtake the van. Before she could clear the parked vehicle a car coming to other way speed into the area and hit her mirror, breaking the glass and mechanism as she tried to pass.

They both stopped, both mirrors were broken, however the other person drove off and left Naomi at the sceen after a short exchange of  plesantries! Thinking nothing of it, I repaired the car for £50.00 including getting a new mirror and having it sprayed.

The other party have claimed against Naomi for smashing the mirror on her car and damaging/scratching the side panels of her car....(no other damage to Naomi's car, not even a scratched mirror casing!) The insurance paperwork has now been filled and the insureres said it would be settled as a 50/50 split which would just be the 3rd party costs as we havnt claimed.

3 weeks later, having heard nothing the insureres have told the Mrs that it isnt settled, and the other party refuse to accept a 50/50 settlement and are now threatening court action unless she accepts full responsability for the damage to the car, which we obviusly arnt going to do.

So my question is this.....

when overtaking a parked vehicle on you side of the road, such as I've described - who has right of way? and who is to blame....as far as I can work out Naomi was commited to the manouver afte checking if the road was clear, therfore as the road was clear once she set off, it was her right of way....

Any advice would be greatfully recieved on this

Cheers

Joe

Yoshi:
Depends on wether there were white lines in the middle of the road.  If no white lines then its 50/50 as far as the insurance and law are concerned.

joe90:
Hi mate

Thanks for that, there are no white lines down the middle of the road in question!

As mentioned we have repaired our car and have not made a claime so I assume a 50/50 split would mean her insurers pay her costs!

Thanks

Joe

hairyasswelder:

--- Quote from: joe90 on October 23, 2009, 19:22:01 ---Hi mate

Thanks for that, there are no white lines down the middle of the road in question!

As mentioned we have repaired our car and have not made a claime so I assume a 50/50 split would mean her insurers pay her costs!

Thanks

Joe

--- End quote ---

I was led to believe (my solicitor) that the total bill was split 50/50 between the 2 insurers, I fought and got 100% though.

MudRat:
IIRC if the obstacle is on your side, then its your resposibilty to judge, pass safely.

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