Who is at fault in this dashcam video?

[cwhaley]

I am uploading this video to gauge opinion on who is at fault here -- I am friends with one of the two parties involved in this clip but I won't say who!

Currently both parties did want to sort outside of insurance, but the wife of one of them insisted it goes through insurance.

So -- who is at fault? The result of the impact meant both cars lost their driver door mirror to damage. Note road positioning, obstacles on either side of the road and proximity to the white line in the middle of the road.

 

[SirGalahad]

Forget the need to find fault. Just fix your own car and be done with it. You will spend more time and effort trying to work out who is at fault and it's not worth it, any claim will be registered.

 

[johnny2007]

The dashcam car could've waited for the other car to pass, however, both cars seem to be with the wheels in their lanes, so the mirrors collide most likely on the line.
If they go via insurance it will definitely be a 50/50, both drivers will then pay a lot more for the next 5 years insurance.
It will cost both a lot more than a wing mirror.
Said that, the woman who wants to go through insurance probably will make a claim for whiplash, scamming £££ from the insurance.
Unfortunately as this is her intention, she can't be trusted to sort this amicably, so insurance must be notified to avoid more serious consequences.

 

[cwhaley]

Oh I totally understand the downside to insurance -- I know myself as I've had two non-fault accidents (proven) which still put my premium up every year! The problem is that the wife of the opposing car wants to go through insurance despite the gents involved looking at a cash settlement.

This happened yesterday and nothing has yet been done aside from swapping details.

 

[stem]

To me it would seem logical that if one vehicle was entirely on the correct side of the road without any part of it whatsoever being over the outside edge the white line they wouldn't be at fault.

If both vehicles had parts over the edge of the white line, or their actual position can't be determined then I would expect either a 50/50 split, or each driver should pay for their own vehicles damage.

 

[festive]

Hmm close to 50:50 for me depending if you can prove either car crossed the white lines when the collision occurred looks to me like the oncoming Peugeot was right on the edge, which can only mean the dashcam car was just inside the white lines.

Neither decided to yield or give way as both cars were positioning to overtake parked vehicles and did not cross into the opposing traffic lane 50:50.

 

[rsgaz]

If their tyre is on the white line, then their mirror is over the line...

 

[Notch7]

The oncoming driver.

But its marginal, oncoming driver is passing a parked car.
Driver with cam has just passed a parked car has pulled back in slightly, but is near to the centre of the road in anticipation of the parked car coming up.

Personally they would be better to avoid insurance as it would increase both premiums. Even just telling the insurer could impact on renewal quotes.

Each mirror could cost £400 for new at dealer, cheaper for an ebay jobbie or 2nd hand

My MIL paid £650 for a Volvo mirror.
I paid £85 for a pattern part with power folding, heated, puddle light, electric adjusting mirror complete door kit for a Ford. Original ford £375
But its not as good, theres a touch of vibration and the power folding is a bit iff.

 

[cwhaley]

I know the dashcam car can go straight onto eBay and get a new door mirror for £75. It's a power fold, puddle light, electric one... be far easier and less stressful!

BUT, if the other driver carries on with insurance they're going to be out of pocket. Could they claim this cost back? At the moment they're in limbo with a broken door mirror.

 

[JohnD]

at the time of impact, the approaching car is actually passing parked vehicles.

The dashcam car is not.

Had they been of cautious disposition, they could have moved somewhat in from the centre of the road.

It would be interesting to know the width of the road. Many drivers pass empty, parked cars with huge clearance, which puts them close to approaching traffic.

But the approaching car has its wheels on the white line, so the body, and especially the mirror, will be over the white line.

The dashcam car must have been inside their white line, otherwise the bodywork would have collided.

So my reading is that the approaching car was over the white line, and the dashcam car was not, so the approaching car is more at fault.

Neither was driving with sufficient care.

 

[cwhaley]

at the time of impact, the approaching car is actually passing parked vehicles.

The dashcam car is not.

Had they been of cautious disposition, they could have moved somewhat in from the centre of the road.

It's the fact that the oncoming car is overtaking their obstacle regardless of the moving vehicle on the opposite side of the road. This coupled with the fact that the dashcam car had already overtaken the parked car before the oncoming car had reach their obstruction, makes me think the oncoming car is at fault.

I think what we can conclude is that most assume it's 50/50!

 

[Gasguru]

Both are incompetent selfish drivers...the dashcam driver makes no attempt to move a little over to the left in anticipation of the oncoming car.
The oncoming Peugeot ploughs on ahead hoping the other car will move across.
Do 'em both for careless driving too...and the cars for parking on the pavement especially the one behind the white Mini (there's nothing to suggest it's legal on that stretch).

Round here you get it all the time...selfish ignorant drivers that refuse to look ahead and assess the situation and position accordingly.

 

[EFLImpudence]

I think the camera car is at fault.

Just because there are two parked cars on his side does not mean he can drive in a straight line past them both.
He should have been more to the left.

 

[sodthisforfun]

I just don't think it's worth involving the insurance companies for just a wing mirror regardless of who is at fault. I think both cars must've been uncomfortably close to the line otherwise the wing mirrors wouldn't have connected so both at fault. Just because it may be your right of way or whatever, we're supposed to drive defensively with taking all other drivers into account, including the idiot ones. People don't 'own' the road, no matter who has right of way.

Years ago was driving over Ditchling Beacon in Sussex, which is a winding national speed limit road. This man and his mother were hurtling towards me with half his car on the wrong side of the road (it was heavy rain) and our wing mirrors knocked. The impact of his wing mirror broke his side window too.. It would've been worse but I had pulled over into the ditch to stop us hitting head on. Luckily I'd kept my speed down as I knew the twists and turns of the road like the back of my hand and the heavy rain made me be cautious.

Turned out the bloke was very old, shouldn't really be driving, and a retired solicitor and the git took me to court, making me lose a days pay. I won.

 

[Notch7]

I know the dashcam car can go straight onto eBay and get a new door mirror for £75. It's a power fold, puddle light, electric one... be far easier and less stressful!

BUT, if the other driver carries on with insurance they're going to be out of pocket. Could they claim this cost back? At the moment they're in limbo with a broken door mirror.

The reality is that both cars could have had their mirrors over the white line. So one insurer may not be able to claim from the other and both could end up out of pocket, with higher renewals likely.

These days even if an accident is not your fault, you cant be sure your premium wont go up at renewal.