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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice.
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I have been in a low speed collision, by where I overtook a

Customer Question

I have been in a low speed collision, by where I overtook a car that stopped in the middle of a road. It was then later explained to me after exchanging details with the other driver that she had stopped/hesitated in the middle of the road, as she was looking for a parking space on the left hand side of the road and also up the street that was on the right, to which she dicided to turn in to without indicating or looking to see if anybody was going to overtake. The damage that occurred was to the corner of my bumper and wing, and she had scratches to her alloy wheel and a dint in the bar At the bottom of the Vauxhall Antara, that protects the side skirts and frame of the car.
The questions I have are:
who is at fault?
Whether following through insurance will now class my car as a CAT A,B,C,D regardless of fault etc?
Whether there is a way of protecting the value of my 2008 BMW coupe if it does get put into a Category? ie arranging a legal more cost effective way of paying for their vehicle and my own if deemed my fault. If they were not to decide to claim for anything other than damages to their car. (I'm Thinking maybe a legal agreement of some sort) if a possibility what would the estimated cost of one of these being drawn up?
Whether I would be able to choose what insurer to use to deal with the claim? I am insured third party with my own car insurance for a VW golf and fully comp on my friends insurance, who technically owns the car, although it has been paid for jointly. Should I submit both seperate insurance names? I feel as though I am holding back with reporting the incident as not knowing the answer to this. Although it did happen on a late Saturday afternoon and will not be open again until this morning.
I was just in the late stages of prepping the car to be sold now having completed the finance payments on the car. However I am now wondering the best cost effective way of now doing so given the recent incident if deemed my fault.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.

How can I help with this please?

Customer: replied 1 year ago.
Would you be able to firstly advise who is at fault?
Expert:  Jo C. replied 1 year ago.

There is fault on both sides in truth.

If you were overtaking then it is for you to check that the route is clear.

Equally though it is for her to check that her path is clear before manoeuvring.

You will not be automatically liable because you were overtaking and there would be a massive reduction for contributory negligence even if you were if the facts are as you say.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
What does a massive reduction for contributory negligence mean? And how will this effect my insurance and will I be laiable to pay anything for any damages?
Expert:  Jo C. replied 1 year ago.

It will be for your insurance to deal with this.

You shouldn't be liable at all. It is your insurance company that will.

They may put the premiums up but there should be no other impact.

Customer: replied 1 year ago.
Hi Jo.In relation to my first couple of questions. Would you be able to advise me that if any form of claim that is made to repair my car would put it/ deem it as a CAT A,B,C,D etc
Expert:  Jo C. replied 1 year ago.

That depends really upon the level of the damage.

If you mean insurance categories though then they only apply when a car is written off. Cat D is the entry point for vehicles that can be repaired but are not economical to repair.