accident with driver over the speed limit

[Thunderchild]

I was grazed by a car overtaking me as I started to pull out in front of him. I was distracted by an indian lady on L plates who was wobbling all over the road and wanted to get past. Being pretty much at the speed limit myself I also probably never dreamed someone would be doing like 80+ to overtake both of us. Well little damage resulted although this guy has a slightly damaged bumper and paintwork on the wing.

So I opted to not go via the insurance as it would just not be worth the increased premium for a scratch and he said he has a friend in the trade that will do us a good price. He was very good about it and really I suppose he should be considering he was well over the limit and of the two could be in worse trouble.

Well I know 2 wrongs don't make a right but do I have any barganing leverage here if I don't like the quote. At the end of the day it is my word against his that he was well like up to 30mph over the limit

[sara3]

so get your own quote, see how they compare.

and you were pulling out in front of a passing car, whatever his speed.

and I don't see what the lady's ethnicity has to do with the tale.

[Thunderchild]

No the lady's ethnicity has not a lot of baring although frankly she should not have been in control of the vehicle, she appeared to have no clue.

I know that paint jobs can cost a couple of hundred easily

[ChuckFickens]

You've not got a leg to stand on by the sound of it.

"I started to pull out in front of him"

"I was distracted"

"I also probably never dreamed someone would be doing...."

As above, ask for your own quote from 1 or 2 other people and then offer the middle one.

[cathfromsaron]

all accidents and incidents should be reported to your insurance company by the way. or your ongoing insurance may be invalidated.

[ladybirder]

I thought thunderchild was taking the michael when I read the first paragraph.

[douglas9401]

....I also probably never dreamed.......

I think maybe you did.

[Thunderchild]

sharpe, he does indeed assume that it's my fault and I'm accepting a good deal of that. I should checked my mirrors but was more intent i was not going to get hit by the person i was trying to overtake, she had a lane that is nearly as wide as two lanes and could not make her mind up if she wanted to use the middle, the right or the left of it. This situation must have been very evident to the drive behind (who in a landrover could see right over me) who decided to do a long overtake at a whooping 80+ mph on a 60mph road

[sara3]

I thought you were behind her, not next to her.

everyone knows to give learners some space.. they do erratic things sometimes.

[Thunderchild]

hindsight is a great thing, I should have kept well back but I prefered to get away from her. I was more intent on not getting hit by her on my left as I overtook. All other drivers passing her were having the same sort of "fun" like i said this person was not fit to be in control of the vehicle. I apreciate she was a learner but reaching high speeds on a 60mph raod and wobling all over the place tell me that she should have stuck to driving around a car park to ensure she could actualy drive straight first, I mean I got straight into my first car and drove solo for the very first time with no mishap or hinderance to other drivers as as you have guessed I'm not a god of driving ;).

The car that overtook both of us did so and at such speed as the section of road that is nearly 2 lanes wide was about to end (it's not quite wide enough to make into a dual carriage way)

[Andyvon]

If the learner was driving in that manner Thunderchild then you should have kept well clear. Trying to overtake her not only increased your risks of an accident but it may also have unnerved her more, again increasing the chances of an accident.

Secondly, all drivers should be aware of other motorists and what they are doing. You obviously weren't paying any attention to the traffic behind you. Whether the driver behind you was speeding or not you failed to see him approaching and you pulled out in front of him. That's your fault!

I don't think you have much leverage in what you say Thunderchild. If you and he can sort it out easily for a fair price then it's best not to bother your insurer.

Good luck.

[joko]

So he was 20mph over, not 30? You are allowed to speed in order to overtake... An as he was overtaking 2 cars perhaps 80 was needed to get past quick enough. Also how would you know he was doing 80? You are just guessing because he whizzed passed you... You say you were distracyed an didn't check your mirrors enough... So I'm not sure your judgement at guessing anothers speed is all that trusyworthy. Had you checked your mirrors you would have seen him coming out to begin paSsing. You should have looked. Your fault.

[ChuckFickens]

"You are allowed to speed in order to overtake"

Not sure where you got that from! the speed limit is the limit regardless of if you're overtaking or not.

[Thunderchild]

from memory you will get away with 10%+2mph but over a certain speed increase you get into serious trouble. now i was just over the limit, to leave a dent in my car and pass pretty quickly he had to have been doing 20-30mph more than me and i was at the limit if not slightly over. I do have some judgement thanks

[pink-kittens]

So, what you really want is for someone to tell you that actually, you do have bargaining power, you can get the price knocked down cos the other guy was speeding, you are in the right is asking for such a knock down etc etc

I wish OP's would actually tell everyone the answer they require, it would save everyone a lot of time and effort

[Thunderchild]

actually my original post states that he was possibly 30mph over the limit, so although I was the one technically at fault he was also well on the wrong side of the law. Indeed common sense dictated that he could not have even dreamed of overtaking me as I was already going as fast as it was reasonable to do given some bending of the law.

[Thunderchild]

yes I'm aware of all that, i noticed the other drivers ethnicity when we both overtook her to stop as she slowed right down when she realized an accident had taken place. As far as i know if your over the speed limit the insurance will not accept a claim. I'll see what he asks, i don't want to be difficult.

I already have one accident behind me again not exactly my fault but technically was,

[EvianBaby]

"I already have one accident behind me again not exactly my fault but technically was,"

This WAS your fault. You didn't bother to check your mirrors before you overtook. Just accept it.