Vid: Is this head-on collision 50/50 fault?

[MancMike]

Insurance seems to think so.

(taken from video, not my words).

[YOUTUBE]r33xIN2VQZw[/YOUTUBE]

Also the Merc failed it's MOT the day before. I don't know what happened, but the Merc driver didn't seem to brake if at all.

This happened a few days ago.

 

[ash59fifty-uk]

Mercedes 100% at fault, I'd be getting the ombudsman onto that

 

[Lennox]

If the Merc failed it's MOT is it technically still insured???

 

[Avantgarde nut]

It's MOT ran out 02.06.16


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[markjay]

The MOT failure sheet does not list anything that might have directly led to the crash. Parking brake issue, ball joints wear, and corroded brake pipe, are not good reasons for driving too fast and not braking in time.

You could however argue that the general condition of the vehicle, and the fact that it was being driven after failing its MOT, are indications as to the driver's general cavalier attitude towards safety and towards the law (assuming the driver was also the car's keeper). Said that, this is not sufficient for establishing liability as such.

 

[gaz_l]

If the Merc failed it's MOT is it technically still insured???

I believe if you take your car for MOT, and it fails, the existing MOT is valid until its expiry. But if you take the car away to fix it, for example, you're knowingly driving a car that's not roadworthy. I think the driver could be on a sticky wicket but it depends what it failed on. You could argue if it had a brakelight out it wouldn't have affected the incident.

Looking at the video it does appear that the Merc came around the corner much too fast, but then again the wide angle lens on these dashcams does affect perspective. I guess it's down to the insurance companies to apportion blame, the only other alternative is to get lawyered up..

Cheers,

Gaz

 

[markjay]

Mercedes 100% at fault,...

Why is that? Two cars moving toward each other in a narrow lane and collide... the vehicles' speed can not be legally established from the video. On what basis can it be one driver's fault over the other?

 

[ash59fifty-uk]

Why is that? Two cars moving toward each other in a narrow lane and collide... the vehicles' speed can not be legally established from the video. On what basis can it be one driver's fault over the other?

Land Rover slowed right down approaching the bend, Mercedes comes hooning round the bend around 40mph, there's no way he was slowing down for that bend. He didn't even apply the brakes

He's probably one of those drivers that doesn't look across the field (if there was a field of vision, excuse the pun) when coming to a bend like that

 

[ash59fifty-uk]

Plus the merc had already come around the bend, the Land Rover hadn't even got to the beginning of it whilst slowing his approach, I'd fail to see how it would be anybody else's fault?

 

[markjay]

If the Merc failed it's MOT is it technically still insured???

Opinions vary...:

http://www.drivingtesttips.biz/no-mot-invalid-insurance.html

 

[markjay]

Land Rover slowed right down approaching the bend, Mercedes comes hooning round the bend around 40mph, there's no way he was slowing down for that bend. He didn't even apply the brakes

He's probably one of those drivers that doesn't look across the field (if there was a field of vision, excuse the pun) when coming to a bend like that

I don't disagree, my point is that neither the speed nor slowing down can be reliably established and quantified in a way that is legally binding. Cars do have black boxes. And the view from one dashcam can be misleading when it comes to judging the speed of either vehicle. It's not a case of knowing who is PROBABLY at fault here - we do.... it's about meeting the minimum legal requirements for establishing liability.

 

[stevebgt1]

Merc at fault . For all reasons stated above . Single track road ? He should take more care navigating that bend . With or without an MOT !


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[stevebgt1]

Merc at fault . For all reasons stated above . Single track road ? He should take more care navigating that bend . With or without an MOT !


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[DaveDJ]

The video shows your vehicle is almost, if not, stopped immediately before impact.

If it happened to me, I would be looking to have a forensic examination of the video by a qualified expert to prove my point.

You might be pleasantly surprised what they can establish from videos in calculating speeds and distances etc.

 

[Deleted member 37751]

The Mercedes 100% at fault, you can see the Freelander slows as he approaches the corner.

The LR also looks like it's barely got a scratch too!

 

[bob6600]

^^ This

 

[C36fan]

Plus the merc had already come around the bend, the Land Rover hadn't even got to the beginning of it whilst slowing his approach, I'd fail to see how it would be anybody else's fault?

I blame Ant!

 

[whitenemesis]

If the Merc failed it's MOT is it technically still insured???

Opinions vary...:

No MOT, Invalid Insurance? ? Driving Test Tips

This from the link

" Car insurers also have an obligation to the third parties involved in an accident that was not their fault. It wouldn’t be appropriate if insurers refused to pay out simply if the accident was caused by a driver with no valid MOT."

Then they'd come after the driver to reclaim their losses.

 

[brucemillar]

In my experience and not stating an opinion.


I live in an area which is almost entirely single track lanes. Accidents are fairly frequent during the "County Show" it is common knowledge that insurance companies default to 50/50 in almost every case.

Personally. I would fight it for all the reasons provided previously. I suspect this is a default and not final

Good luck.

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[moonloops]

The video shows your vehicle is almost, if not, stopped immediately before impact.

^^This^^ I'd certainly beat up my insurance company up if they tried the 50/50 gig.