Crash overtaking a stationary bus

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Sat 1 Jan 2011 16:23
Crash overtaking a stationary bus - rosiecotton
Hi all, best wishes for the season

I'm looking for advice after an accident yesterday. My neighbour was travelling to work and came up behind a minibus stationary on the same side of the road. The bus had it's hazard lights on. My friend checked the road ahead, indicated and overtook the bus. At that point the bus pulled out and t-boned my neighbours car badly, the car is a write off. My neighbour has third party, fire and theft insurance only. No witnesses and the bus driver was a complete, obnoxious so and so and of course won't accept liability. I overheard the bus driver telling the police he was moving and my neighbour tried to overtake him.

After the accident and before the police arrived, the bus driver insisted on moving the damaged car and the bus despite being told not to. We have taken photos and recovered the car so the damage can be seen.

I have no idea what is the likely outcome of this. My neighbour is insistent this was not his fault but if the bus driver sticks to his story then I don't know how he can prove he wasn't at fault. I'm also concerned his insurance company won't pay out for the damage to his car even if nobody is found at fault due to the level of cover he has.

Can anyone please offer advice? Thanks in advance
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Sat 1 Jan 2011 17:18
Crash overtaking a stationary bus - rosiecotton
Also meant to add. When I rang tesco insurance on behalf of my friend, the advisor told me that my neighbour is automatically at fault as he was overtaking, even though the bus was stationary.
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Sun 2 Jan 2011 06:51
Crash overtaking a stationary bus - LucyBC

No witness and two opposing versions the chances are they will settle 50:50.

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Sun 2 Jan 2011 08:37
Crash overtaking a stationary bus - rosiecotton
Hi Lucy

Will my friends insurance company pay out to him if he is third party?

Thanks
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Sun 2 Jan 2011 11:59
Crash overtaking a stationary bus - Collos25

Not with third party insurance.

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Sun 2 Jan 2011 12:19
Crash overtaking a stationary bus - Dutchie

Third party pays out for the other party thats why its cheaper than fully comp.If the accident is 50/50 fault then the other party should pay for your friends car damage.If the bus moved off whilst you was overtaking he is at fault you are allowed to overtake a stationary bus as far as i know.If you where in your friends car you are a witness or is it your car?

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Sun 2 Jan 2011 12:39
Crash overtaking a stationary bus - LucyBC

That's only partially true Andy.

It is the case that the OP's friend's insurer will not pay out any damage to the OP's friend as they are TPFT. Nor are they likely to spend any time pursuing the third party in respect of the friend's damage as they only cover the third party risk.

However they should defend the friend's case if the other party tried claiming but they felt the friend was not at fault.

But with no independent witnesses and conflicting versions of the circumstances then a 50/50 is the only realistic settlement.

That means the OP's friend's insurer will have to pay 50% of any damage caused to the bus -- and it will affect their future no claims discount.

But at the same time your friend has a perfectly legitimate claim for 50% of the cost of their damage (or the value of their vehicle in the event of a write off) -- but the claim has to be made directly against the Third Party Insurer.

Your friend's insurer won't do this but we may be able to help.

It would greatly help to know the extent of the damage to both vehicles, the value of the written off vehicle and whether anyone was injured in the accident - either on the bus or in the car.

Private email is the best way to deal with this further.

Edited by LucyBC on 02/01/2011 at 12:40

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Sun 2 Jan 2011 12:45
Crash overtaking a stationary bus - Dutchie
In the States a passenger can be a witness reading up on this but not in the UK .Sorry my mistake.
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Sun 2 Jan 2011 12:47
Crash overtaking a stationary bus - Dutchie
In the States and Canada a passenger can be a witness but not in the UK .Sorry my mistake.
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Sun 2 Jan 2011 13:08
Crash overtaking a stationary bus - LucyBC
A passenger can be a witness, but not an independent witness in most cases. The court will thus normally take account of any statement they make but may take notice of the various relationships.

For example if the passenger was a relative or close friend of the driver that would probably not be thought of as independent. But if it was a hitch-hiker picked up 200 yards down the road then they could be accepted as independent.
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Sun 2 Jan 2011 19:22
Crash overtaking a stationary bus - rosiecotton
Hi all and many thanks for the advice.

There was nobody else in either vehicle, no independent witnesses either. The bus has minor scrapes on the front driver side bumper and my friends car, a rover MG is totally wrecked down the passenger side. The bus also pushed his car into the Kerberos which has snapped the suspension at the back. The value of the rover is approximate £800 on a good day so doubt the car would be repaired. I didn't see the accident but attended shortly after and took photos of the damage to both vehicles.

Lucy, thanks for the advice on inference. The damage does show thatbthe rover must have been well past the bus based on the damage. My neighbour is a young lad with a baby on the way, minimum wage so this would leave him in a difficult situation financially if he cant get any sort of payout. In the case of 50:50, does that mean he would get somewhere in the region of £400 from the other party? At most the bus needs a small respray on the bumper but the rover needs a whale new door, suspensions, window, respray etc.

Thanks again
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