What happens if you AVOID an accident?

[CortinaDave]

This afteroon I was driving along a straight road when a school bus pulled out of a junction right in front of me. I managed to swerve up the kerb and avoid him but have damaged the wheel, tyre, front strut and suspension arm on my ZT in doing so. Plus the airbag in the drivers seat went off.

 

The bus driver apologised but shrugged and said - well I didnt *actually* hit you ( because I swerved)

 

This is all going to cost me a few hundred quid to sort out. I presume insurance would class this as a fault claim as he didnt physically hit me?

 

Any ideas?

[Tamworthbay]

His fault even if he didn't hit you. Get your insurance onto it but without witnesses it will be very hard to prove.

[Bobthebeard]

Nothing helpful to add, but sounds tricky...

[Mally]

Times like this when you wish you had a camera.

[Split_Pin]

Doesn't matter that he didn't hit you, a crash still occurred as a result of his actions for which he is liable.

[Bobthebeard]

Doesn't matter that he didn't hit you, a crash still occurred as a result of his actions for which he is liable.

If it can be proven that he or she was in the wrong of course....

[Pillock]

Offer each child's parent £10 if their little darling comes forward as a witness.

 

 

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[sierraman]

Write off then if the airbags gone off?

[carlo]

If you have his registration number, his apology and all the other relevant details I would let the insurance companies slog it out.  It's definitely not your fault, just make it plain on the form.  I think sometimes they decide it on a "joint-fault" basis, not saying this would apply to you though.

[gordonbennet]

I have a horrible feeling this might end up costing you an insurance increase even if his story doesn't change.

 

First thing i'd do is speak to the bus owner and see what they have to say, if the driver has admitted liability to them as well as you (by apologising) then they might prefer to sort your costs out without adding a claim to their policy, so i'd try and get hold of the gaffer him/herself for this conversation.

It's in everyone's interests here to avoid insurance if at all possible.

[CortinaDave]

Its difficult as if its going to go against me I'd rather not claim. The only airbag that blew was in the drivers seat, so I can swap the seat out easily enough... a strut, arm, wheel and tyre all in its probably 300 quid or so. By the same token I dont see why i should have to wear that in the circumstance.

[dave21478]

DASHCAM.

 

40 quid would give you irrefutable 1080p High definition video of his actions forcing you to swerve.

Without that, its likely your word against his.

Get your insurers on it, but be prepared for the worst. Maybe the driver will be honest and have admitted it, which will simplify things a lot. If not, its a long, drawn out fight with no guarantee of a good result.

[Bobthebeard]

DASHCAM.

 

40 quid would give you irrefutable 1080p High definition video of his actions forcing you to swerve.

 

Without that, its likely your word against his.

Get your insurers on it, but be prepared for the worst. Maybe the driver will be honest and have admitted it, which will simplify things a lot. If not, its a long, drawn out fight with no guarantee of a good result.

This sadly.

[billyboy406v6]

Speak directly to bus company, they will not want an insurance claim against them whatever the outcome. Be blunt but polite and explain you are happy with £ 350.00 to cover your damages ?

[DSdriver]

I had an accident a few years ago after a truck had spilled diesel on the road. Extracted the car from the hedge and drove it home to change it for another car to go to work in. 

On my second passing of the slippery road I was following a gritter so obviously someone had reported the state of the road. Phoned Council and they were able to tell me the owners of the (brand new) truck and its reg no. so I could make a claim.

So you don't have to hit the vehicle if you can prove that their driving was not up to par. Report the incident to the police asap.

[mitsisigma01]

Any dash cams on the bus/coach ?

[richardmorris]

He still caused the accident which is still an offence. Report to police as such if the bus co is ignoring you. Had a near miss on the way home too- po van on the side road to my right was looking to turn left and pulled out in front of a Isuzu trooper pulling a trailer. Trooper looked wheels on the trailer which then started to overtake him and head towards me on the other side of the road. Smell of rubber and maybe more as I swerved onto the verge.

[eddyramrod]

After my MR2 was destroyed a year ago I went out and bought a dashcam.... really wish I'd had it in that car! 

I agree, go and talk to the bus company.  Take photos of your damaged car with you, then they can see you're not out to scam them.

[robinmasters]

Buses have many CCTVs, inside and out. Report it to your insurance company asap. Footage isn't usually kept for very long. 

[Pillock]

Not sure if they're under any obligation to hand over the video to you or insurers though, and he might even deny saying sorry.

 

Sadly I suspect the lesson that will potentially get learned here is "next time, hit them". Might be worth pointing out to the bus company that you've just saved them a shedload of cash in fixing their own bus and hiring another one to cover, but if the driver denies it all.... what you gonna do?

[Supernaut]

but if the driver denies it all.... what you gonna do?

Cause some damage to the bus in another way, at a later date? Bricks through the windows, perhaps?

[sierraman]

Its difficult as if its going to go against me I'd rather not claim. The only airbag that blew was in the drivers seat, so I can swap the seat out easily enough... a strut, arm, wheel and tyre all in its probably 300 quid or so. By the same token I dont see why i should have to wear that in the circumstance.

What's it worth written off? If it's a bit I'd sack it off and buy one that's not been crunched cause you might find it's done more damage than you think

[Faker]

Report it immediately to police. He is duty bound to report it also. The fact that no contact occurred between both vehicles is irrelevant. "Owing to the presence of a mechanically propelled vehicle on a road or other public place, a collision occurs or damage is caused". there was a collision in your case. You had to take evasive action to avoid colliding with the other vehicle. You were on a main road. The bus was on a minor road. Report it to police for a crime reference number, then inform your insurance. The companies will record statements and complete forms and come to a decision. Going to be hard for the bus company or driver to argue not causing the collision. If after speaking with you the driver fails to inform employer or authorities he's caused issues himself for which he will have to answer and be accountable. Duty bound to exchange details etc.

[robinmasters]

Not sure if they're under any obligation to hand over the video to you or insurers though, and he might even deny saying sorry.

 

Sadly I suspect the lesson that will potentially get learned here is "next time, hit them". Might be worth pointing out to the bus company that you've just saved them a shedload of cash in fixing their own bus and hiring another one to cover, but if the driver denies it all.... what you gonna do?

 

Not obliged to, but if the buses' insurers know about it they'll make sure it's kept. Contrary to popular opinion, paying genuine claims quickly is far more cost-effective for insurers than arguing the toss when it's their fault. 

[dollywobbler]

There's piss all reason to get the Police involved unless there was personal injury. Which there wasn't. There's no offence here. If the bus driver had just driven off, then it could perhaps be argued that he'd left the scene of an accident, but he didn't, so there is no argument. 

 

It's a really tricky situation. Certainly easier to just soak up the hit, but the wrongness of this does bother me. Problem is, there's no guarantee that pursuing a claim will go well. I'd echo those who said 'speak to the bus company' first of all. 

[Faker]

There's piss all reason to get the Police involved unless there was personal injury. Which there wasn't. There's no offence here. If the bus driver had just driven off, then it could perhaps be argued that he'd left the scene of an accident, but he didn't, so there is no argument.

 

It's a really tricky situation. Certainly easier to just soak up the hit, but the wrongness of this does bother me. Problem is, there's no guarantee that pursuing a claim will go well. I'd echo those who said 'speak to the bus company' first of all.

 

Surely pulling out in front of another vehicle, causing it to crash is either driving without due care and attention, or at least inconsiderate driving? There's a clear motoring offense. Legally obliged to report and remain/exchange details.

 

Argument now exists over who is responsible too, which is now something for insurance companies to resolve.

 

I agree that in this case police wouldn't attend as it was a non injury rtc, however there's nothing stopping the owner of the damaged vehicle reporting the incident.

[tapir]

that must have bee some curb hit to set off the airbag?

I guess the question is, if you put a claim in what will the effect be on your renewal price? Even no fault claims impact,

[dollywobbler]

Surely pulling out in front of another vehicle, causing it to crash is either driving without due care and attention, or at least inconsiderate driving? There's a clear motoring offense. Legally obliged to report and remain/exchange details.

 

Argument now exists over who is responsible too

 

I'd suggest 0.00005% chance of the Police being even slightly interested. Crashes happen all the time. No-one got injured or killed, so at best, they'd file it under 'meh.' They might get more excited if you suggested the driver sounded drunk. Probably not a good idea...

[EssDeeWon]

Dashcam again.  I have just bought one for my 75.  The £100 investment is more than met when this sort of thing happens.

 

Stick one on your Christmas list.

[Faker]

I understand where you're coming from. However... parties involved in a road traffic collision are duty bound to report the matter. Non reportable rtc is where the driver damages his own vehicle, by his own fault, no one is injured, and no damage is caused to any other property. Just saying