Who was in the wrong?

[checkM88]

Just had my wing mirror clipped (and broken)

It was a 30mph Road, and a parked car was blocking my side of the road. I went around the parked car as the road ahead was clear when I moved off, but then a man came speeding down and didn't stop for me despite seeing I was moving past a parked car - he wedged past and clipped my wing mirror on the way when I was moving back to my side of the road.

I stopped, and so did he and another guy who witnessed it. His mirror was fine, but said it was my fault as he had right of way. So we agreed to shake hands and leave it. The witness said the guy was speeding down the road and was at fault, and I should have pushed further in terms of insurance.

I have no idea how it all works, I've never been in an accident, but I didn't think going though insurance would be worth the excess and effect on no claims, especially if I was at fault. Just wanted to gather opinions on if I did the right thing to just let it go?

Did you get his reg plate? If not, what’s the alternative - saying you got clipped by a car that didn’t stop?

It's unlikely to be worth claiming on your insurance just for a wing mirror. He did have right of way, the speeding doesn't change that, it's a separate issue. You shouldn't pull out unless you're sure the way is clear. technically you should inform your insurer, but personally I wouldn't.

I didn't get his insurance as we agreed to let it go, guess I just wondered if I did the right thing!

You would have had no proof he was actually speeding and definitely not worth claiming , or even mentioning , a broken wing mirror to insurers unless it’s one of the really expensive all singing and dancing ones .

He didn't have 'right of way', he did have priority though. You weren't fully on your side of the road as there was a parked car.

He may have been speeding but that doesn't mean much unfortunately.

Chalk it up to experience, not worth claiming on your insurance (it'll probably cost less than your excess anyway)

As I understand it, if the obstruction is on your side of the road (parked car in this instance) then oncoming traffic has right of way. As others have said, his speeding would be hard to prove and I think right of way trumps speeding.

So sounds like you did the right thing!

Hope you're ok?

If you had already started your manoeuvre then you had right of way.

Let it go, it's annoying though. I drive down some tightly parked roads on my commute so I press the button to tuck my wing mirrors in then out again when I'm passed.

If you had already started your manoeuvre then you had right of way.

This is correct. He wasn't there when you started your manoeuvre around the parked car.

(If he had been there, so close that you couldn't complete your manoeuvre before he reached the parked car, then he would have had right of way.)

If you we already part way past the obstruction before he got there then you had priority and he should have waited

www.amdidrivingschool.co.uk/passing-parked-cars/