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Mini Paceman Cooper S - RTA - Blind Overtake at a Junction. Please help? - kins29

Recently, I had the unfortunate luck of being involved in a small bump.

I was in a local Retail Car Park pulling out of a typical small junction (left turn), my right was clear as a vehicle was turning into the same junction.

Please note : the road I was turning on to has a 10mph speed limit and 4+ speed bumps.

However a very impatient car overtook the turning car to my right. I immediately stopped when I noticed her and she scraped her entire back panel on my right bumper corner following her blind overtake. Limited damage to my vehicle as I was almost stationery (I'm very careful in Carparks).

She immediately (without stopping) drove off, passing 4 junctions, before stopping an adjacent carpark. I had no time to gather incident witnesses as I was more concerned in pursuing this wreck less driver who failed to stop. I confronted her, her passenger had already vanished. And notified her of her fault, to which she admitted liability. I got back into my car and proceeded to log the event in detail.

Her boyfriend and uncle then showed up and proceeded to intimidate me. A passer by noticed, also previously witnessing her admission of guilt and provided me with her number. The drive "at fault" said she "panicked" and was "in the middle of the road".

Please can someone help me locate some case law to establish precendent? I do not wish to split liability as my right was clear and I was turning onto a small road that is clearly marked as 10MPH.

Please help!

Mini Paceman Cooper S - RTA - Blind Overtake at a Junction. Please help? - RobJP

There most likely will be no 'case law'. That is only established at the High Court (or higher). Even magistrates courts decisions do not usually count as forming 'case law'.

So fill in the paperwork for the insurance claim. Provide full details. Send the witness's details to the insurance company. Then wait and see what happens.

Mini Paceman Cooper S - RTA - Blind Overtake at a Junction. Please help? - Palcouk

Either pass all the details to your insurance company for them to deal with, or inform your insurance co. and state you are submiiting your repair claim direct to the other party, and if they wont pay its a small claims case. Dont concern your self with any case law, its not relevent

Mini Paceman Cooper S - RTA - Blind Overtake at a Junction. Please help? - focussed

The highway code -Rule 172 -

At a road junction marked with a broken white line and a give way sign or a triangle on the road, joining traffic MUST give way to traffic from the right.

It is the joining driver's responsibilty to see that the road is clear.

Unfortunately you didn't check that the road was clear.

That's traffic law.

I reckon it'll be a 50/50 insurance deal.