Page 2 | Who is in the wrong here? Re two car drivers.

Chocolatereindeerr · 2022-12-02T19:26:28+00:00

Please tell me who is in the wrong here.. I understand it’s probably both but what would happen if it went to insurance? I was passenger in car A. car A- fails to stop behind a parked vehicle and give way to oncoming vehicle but would of made it round in enough time if the oncoming car went appropriate speed. car B- on coming. Notices car A has not given way and puts his foot down and aggressively speeds up towards car A. the result of this was both cars clipping wing mirrors but could have been worse. car A pulls over as wing mirror was pushed in and 30 seconds later Car B has turned round and parked behind car A. Car B driver gets out his car and aggressively starts shouting that Car A driver has knocked his wing mirror off. car A driver apologies and mentions that car B driver was coming fast and that he should of slowed down. Car B driver agrees to putting his foot down but said that it’s his right of way, he wasn’t stopping. who is in the wrong?

walkinginsunshinekat · 02/12/2022 19:40

Car A was on the the wrong side of the road, at least partially, so i 'm not quite sure why there would be an argument on this.

However, see it all the time, people overtake parked cars and then drive at you, getting upset if you drive at them lol!

Whammyyammy · 02/12/2022 19:41

Car A should of waited

ditalini · 02/12/2022 19:41

Car A legally, but car B was needlessly aggressive, and I would bet good money would have done exactly the same as Car A should the situation have been reversed (but at speed).

Wednesdayonline · 02/12/2022 19:41

The highway code doesn't actually say you have to give way if there's an obstruction ie a parked car on your side of the road. It's whoever commits first, so if car A was already passing the obstacle and car B carried on coming, then car B is in the wrong especially if they carried on speeding up when they had a chance to stop and wait.

KarmaStar · 02/12/2022 19:43

Veh 1 is the vehicle that caused the rtc.
technically,veh A should have given way but if veg B was being driven exceeding the limit and had it not been there was room for Ben A to complete the manoeuvre then veg B is veh 1

walkinginsunshinekat · 02/12/2022 19:44

Wednesdayonline · 02/12/2022 19:41

The highway code doesn't actually say you have to give way if there's an obstruction ie a parked car on your side of the road. It's whoever commits first, so if car A was already passing the obstacle and car B carried on coming, then car B is in the wrong especially if they carried on speeding up when they had a chance to stop and wait.

That only works if car A was already over taking and Car B not in vision or a long way from the obstruction - this wasn't the case here.

Also, how is the driver of car A qualified to judge closing speed?

Wednesdayonline · 02/12/2022 19:50

walkinginsunshinekat · 02/12/2022 19:44

That only works if car A was already over taking and Car B not in vision or a long way from the obstruction - this wasn't the case here.

Also, how is the driver of car A qualified to judge closing speed?

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I didn't say car A was qualified to judge speed. I said car B should not have sped up after seeing car A going around the car.

startfresh · 02/12/2022 19:51

Car A. I currently see this daily but it's a whole queue of cars passing a hazard and stopping the correct lane from proceeding. It's really pissing me off. The just keep going without understanding how to actually drive. I once had a woman try it to me and I stopped, she was pissed and gesturing for me to go back (as she had others behind her) and I refused as she should not have tried to pass on my lane and should have waited.

LIZS · 02/12/2022 19:59

If the obstruction was on A side of the road they should have waited for B to pass.

DownNative · 02/12/2022 20:01

Rule 163 of the Highway Code states:

give way to oncoming vehicles before passing parked vehicles

Car A driver would have seen Car B approaching, so should have given way. Since OP says Car B sped up, this means Car B had committed to go. Meaning Car A should have given way still.

Car A at fault.

This scenario is why I ALWAYS approach this kind of situation with reduced speed and carefully observe to get the full picture.

Additionally, it sounds like Car A driver was also in a rush. Impatience often leads to drivers wanting to overtake an obstruction to pull in just before the oncoming vehicle. Not a good idea at any time. Give yourself as much space and time as possible!

RichardMarxisinnocent · 02/12/2022 20:09

startfresh · 02/12/2022 19:51

Car A. I currently see this daily but it's a whole queue of cars passing a hazard and stopping the correct lane from proceeding. It's really pissing me off. The just keep going without understanding how to actually drive. I once had a woman try it to me and I stopped, she was pissed and gesturing for me to go back (as she had others behind her) and I refused as she should not have tried to pass on my lane and should have waited.

I see this all the time from my flat. Cars parked all along one side of the road, only room for one lane of traffic to pass, once one car overtakes the first parked car any cars behind do the same. They keep driving regardless of cars trying to come the other way, even if there's a space in the parked cars they could pull into. My Saturday afternoons are regularly disturbed by drivers sounding horns at one another and shouting and swearing at each other to reverse.

On one occasion I was woken after midnight by shouting and looked out of the window to see a woman in a VW camper van on the correct side of the road facing a man in a car who hadn't given way and was on the wrong side of the road. Car man was shouting at VW woman to move, VW woman was calmly telling him it was her right of way and she was in no hurry and happy to sit there waiting for him to reverse. At one point she got out of the van and locked it, saying that he was welcome to call the police who would tell him he was in the wrong. Car Man eventually reversed. People need to relearn the highway code, and stop being so bloody impatient.

Alwayscold1 · 02/12/2022 20:17

Legally car A but then again OP says they would have had enough time to go around if Car B hadn’t sped up.

when I’m driving and see a car not giving way I just stop and let them through even when it’s my right of way as Id rather not be in an accident

Theydoyaknow · 02/12/2022 20:19

Car A all day long.

Woopzies · 02/12/2022 20:19

Just because someone hasn't given way doesn't give you permission to drive into them.

If this was bad enough to go to insurance, it would be 50:50.

woodhill · 02/12/2022 20:25

Alwayscold1 · 02/12/2022 20:17

Legally car A but then again OP says they would have had enough time to go around if Car B hadn’t sped up.

when I’m driving and see a car not giving way I just stop and let them through even when it’s my right of way as Id rather not be in an accident

Yes

I do find those in huge high up cars seem to be the worst at not giving way

maddening · 02/12/2022 20:27

Wednesdayonline · 02/12/2022 19:41

The highway code doesn't actually say you have to give way if there's an obstruction ie a parked car on your side of the road. It's whoever commits first, so if car A was already passing the obstacle and car B carried on coming, then car B is in the wrong especially if they carried on speeding up when they had a chance to stop and wait.

This

WrigglyDonCat · 02/12/2022 20:29

Wednesdayonline · 02/12/2022 19:41

The highway code doesn't actually say you have to give way if there's an obstruction ie a parked car on your side of the road. It's whoever commits first, so if car A was already passing the obstacle and car B carried on coming, then car B is in the wrong especially if they carried on speeding up when they had a chance to stop and wait.

It really isn't whoever commits first - as an ADI for the last ten years I hope I know... It would be if there are obstructions both sides, but if it is only your side, you should give way. That means that unless you can clear the obstruction and get back to your side of the road without making the oncoming vehicle slow, change course etc., you should wait.

I would imagine what has happened here is that car A doesn't really have time to get around, car B has seen them coming and decided to teach them a lesson. Shite driving all round. But from an insurance POV, car B had priority (N.B. is is priority, not right of way - there are no rights involved), so car A would likely be held responsible for any damage. If there happened to be clear dashcam evidence, it's possible insurance companies might settle for a split liability of some kind if it's clear that car B had seriously hoofed it into the space, but I really wouldn't want to bank on it.

NalaNana · 02/12/2022 20:33

Car B knowingly sped up towards a car that was in the process of overtaking. Whether car A should have stopped to give way or not, the fact is they didn't, that doesn't give anyone permission to ram into it and say "well you shouldn't have been there anyway"! Very reckless.

DownNative · 02/12/2022 20:38

NalaNana · 02/12/2022 20:33

Car B knowingly sped up towards a car that was in the process of overtaking. Whether car A should have stopped to give way or not, the fact is they didn't, that doesn't give anyone permission to ram into it and say "well you shouldn't have been there anyway"! Very reckless.

No-one is saying that.

But the Highway Code Rule 163 is very clear in regards to Car A as they did NOT have a clear route ahead to facilitate SAFE and LEGAL overtaking.

Car A was chancing getting in JUST before Car B at any rate. Always better to not be an impatient driver and give way.

DownNative · 02/12/2022 20:40

WrigglyDonCat · 02/12/2022 20:29

It really isn't whoever commits first - as an ADI for the last ten years I hope I know... It would be if there are obstructions both sides, but if it is only your side, you should give way. That means that unless you can clear the obstruction and get back to your side of the road without making the oncoming vehicle slow, change course etc., you should wait.

I would imagine what has happened here is that car A doesn't really have time to get around, car B has seen them coming and decided to teach them a lesson. Shite driving all round. But from an insurance POV, car B had priority (N.B. is is priority, not right of way - there are no rights involved), so car A would likely be held responsible for any damage. If there happened to be clear dashcam evidence, it's possible insurance companies might settle for a split liability of some kind if it's clear that car B had seriously hoofed it into the space, but I really wouldn't want to bank on it.

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Correct. Hence Highway Code Rule 163! Very clear.

Hawkins001 · 02/12/2022 20:40

Both of you for.not having dash cameras

CarPoor · 02/12/2022 20:43

startfresh · 02/12/2022 19:51

Car A. I currently see this daily but it's a whole queue of cars passing a hazard and stopping the correct lane from proceeding. It's really pissing me off. The just keep going without understanding how to actually drive. I once had a woman try it to me and I stopped, she was pissed and gesturing for me to go back (as she had others behind her) and I refused as she should not have tried to pass on my lane and should have waited.

This isn't people not knowing how to drive. This is people being cheeky because they don't want to be stuck for ages

InSummertime · 02/12/2022 20:43

Smarshian · 02/12/2022 19:37

Car A was on wrong side of the road. Their fault every time.

This and you won’t be able to prove the speed of B or that they acted aggressively

NalaNana · 02/12/2022 20:44

@DownNative surely there's something in the Highway Code about not speeding up to drive into other vehicles, and if there isn't, there really should be! Two wrongs don't make a right, I can't see that being anything other than a knock on.

Obviously if driver B hadn't sped up to ensure that driver A didn't have enough time, and was surprised by their overtaking without time to stop their own vehicle, then I would be siding with driver B.

Toetouchingtitties · 02/12/2022 20:46

Were either cars travelling up an incline / hill? The vehicle coming up the hill has right of way.