On the 12th Jan 2014 I was driving my Transit van and I overtook a car that was indicating LEFT. The road was an unlit national speed limit section of road, conditions were good, the road surface dry.
As the car was indicating left and I could see a good distance ahead I made the informed decision to overtake, perfectly safe in my mind.
As I was alongside the car (a Fiat 500) I was struck on the nearside of my van from the side door to the rear of the van, minimal damage really. What happened was that the car indicating left had to negotiate a sharp bend that I was unaware of and needed a swing to make the corner and in doing so struck my van. My insurance company have advised my solicitor (yes in that order) and advised they quote the case below.
Joliffev-Hay (1991) SLT 151n
The plaintiff was driving a car in the vicinity of a junction, intending to turn right. He was hit by a car from behind, attempting to overtake.
HELD The plaintiff was 30% contributory negligent as he had used his mirror only once having decided that the car behind would not pull out. The Plaintiff had failed to exercise reasonable care.
Whilst I appreciate the case law refers to a matter were vehicles are turning right the same rules apply to overtaking a vehicle turning left. The onus is on the overtaking party to allow ample time for the turning party to complete their manoeuvre and not overtake at a junction.
The 70/30 offer will be made an a strictly without prejudice basis which will leave you with the option to pursue the matter further personally if you choose to do so.
ENDS
Naturally I am furious at the decision as I was overtaking a car that indicated left, how can that be my fault in any way? I am aware that the case mentioned above was a Scottish case and inadmissible but I would like some advice on how to proceed. I have already informed the solicitor that I disagree with their decision and that I am not prepared to accept it.
Also I do not have protected NCB or insurance for solicitors fees.
Thoughts/ suggestions please. Thank you.
As the car was indicating left and I could see a good distance ahead I made the informed decision to overtake, perfectly safe in my mind.
As I was alongside the car (a Fiat 500) I was struck on the nearside of my van from the side door to the rear of the van, minimal damage really. What happened was that the car indicating left had to negotiate a sharp bend that I was unaware of and needed a swing to make the corner and in doing so struck my van. My insurance company have advised my solicitor (yes in that order) and advised they quote the case below.
Joliffev-Hay (1991) SLT 151n
The plaintiff was driving a car in the vicinity of a junction, intending to turn right. He was hit by a car from behind, attempting to overtake.
HELD The plaintiff was 30% contributory negligent as he had used his mirror only once having decided that the car behind would not pull out. The Plaintiff had failed to exercise reasonable care.
Whilst I appreciate the case law refers to a matter were vehicles are turning right the same rules apply to overtaking a vehicle turning left. The onus is on the overtaking party to allow ample time for the turning party to complete their manoeuvre and not overtake at a junction.
The 70/30 offer will be made an a strictly without prejudice basis which will leave you with the option to pursue the matter further personally if you choose to do so.
ENDS
Naturally I am furious at the decision as I was overtaking a car that indicated left, how can that be my fault in any way? I am aware that the case mentioned above was a Scottish case and inadmissible but I would like some advice on how to proceed. I have already informed the solicitor that I disagree with their decision and that I am not prepared to accept it.
Also I do not have protected NCB or insurance for solicitors fees.
Thoughts/ suggestions please. Thank you.