Opinions 50/50 or not?

andrewt9763

Mirror clash opinions on blame 50/50 or not

Dropbox - 180929_121809_353_HI.TRIM4.MOV

IronGiant

Depends on whether or not there were parked cars on one side.  If not probably 50/50 if both vehicles were moving.

andrewt9763

Having problems uploading the video keep getting file extension not valid.

RBZ5416

Assuming the dashcam footage is yours then I'd say being offered a 50:50 would be generous. The oncoming vehicle was already to the centre line passing the van before you pulled past the parked cars on your side. IMO you should have waited.

andrewt9763

I passed the vehicles to the left without crossing the white line,the van and car the other car passed are clearly well off the road and there was no need for them to be over the line when passing them.
They didn’t stop either as I did.

Foster

Cars on both sides but he had to cross the line to pass, but you could have both slowed down, it would probably go 50/50 if you report it.

RBZ5416

Irrelevant. He had road position & you pulled out anyway.

Monty Nine

Exactly this.

Perhaps you should have seen them coming at you over the white line, but you were within your lane and god only knows why the oncoming traffic thought they needed to straddle the centre line.

Assuming you can identify their reg, put a claim in and blame the third party 100%.
The reason they did not stop is because they knew they were at fault.

Don’t allow your insurance company to split liability.

0% (well 5%) your fault. The 5% being that you should have noticed how poor the oncoming driver’s ability was.

Monty Nine

Not really. You could argue the OP had road position due to that first car parked on the right?

Monty Nine

“I was proceeding down a road where I could see a few vehicles parked on both sides of the road, albeit parked mostly on the pavements on either side.

There was plenty of room for traffic to pass in both directions simultaneously so the oncoming Third Party’s car was of no immediate concern to me.

As I neared the vehicles parked on the pavement/road in my lane I realised the oncoming Third Party car was travelling towards me, unnecessarily partly in my lane.

I slowed and steered to avoid a collision, however the third party did not do either of these and consequently hit my vehicle.
At the nearest safe place about 50m up the road I pulled over to exchange details with the third party.

The third party had not stopped and therefore is guilty of leaving the scene of an accident as well as being 100% liable for causing the accident.

Conditions were dry and bright and I have video footage to support my claim.”

I bet the third party insurers pay up, but stand by your guns.