Who would've thought ..........

All Volvo XC40 related discussions
Post Reply
Mikeg1
Posts: 495
Joined: Tue Nov 02, 2021 7:14 pm

Post by Mikeg1 »

ChrisLF wrote: Wed Jul 06, 2022 6:52 pm Exactly! No wonder Bob decided not to continue with his reply.

How else are you expected to pass parked cars!!!
If it's on the approach to a junction: stop, send a passenger to check for potential traffic turning in, and if clear, wait for the passenger to return, then and only then, proceed. Obvs, in'it.

🤦🏻‍♂️
Mike. West Yorks.

MY22 B4P R Design 8 sp auto, Thunder Grey with Climate, Park Assist, Android Auto, Car Protection & mudflaps, Service Plan.

Ordered 02/11/21, collected 17/11/21

User avatar
Bob
Posts: 295
Joined: Thu Jan 25, 2018 5:14 pm
Location: Lancaster

Post by Bob »

Mikeg1 wrote: Wed Jul 06, 2022 8:22 pm
ChrisLF wrote: Wed Jul 06, 2022 6:52 pm Exactly! No wonder Bob decided not to continue with his reply.

How else are you expected to pass parked cars!!!
If it's on the approach to a junction: stop, send a passenger to check for potential traffic turning in, and if clear, wait for the passenger to return, then and only then, proceed. Obvs, in'it.

🤦🏻‍♂️
Perhaps we should get that written into the Highway Code, but I think we need to include someone waving a red flag at some point! :lol:
Ordered 24th February 2018: XC40, FE, T5, Crystal White, Lava Interior (additional black carpets), 19" wheels, mud flaps, Tow Bar, Polestar, was expected June/July, then 1st October.
Finally took delivery on 16th October 2018. 8-)
ChrisLF
Posts: 1346
Joined: Wed Apr 24, 2019 8:21 am
Location: Heart of England

Post by ChrisLF »

Funnily enough, just what I was thinking!
2023 B4 Plus Dark FWD in Silver Dawn. Tinted Rear Windows. Spare Wheel & Tow Bar dealer fitted.

Gone - 2019 T4 R-Design FWD in Bursting Blue. Winter & Convenience Packs, Power Seat, Front Park Assist, Rear Camera, Spare Wheel & Tow Bar.
Deleted User 3629

Post by Deleted User 3629 »

These situations in my opinion are never clear-cut and dried - in this case a driver needed to overtake parked cars to continue on their journey, and right to do so, but also in doing so entered the other side of the road near a junction when a van turning into that junction hit the car - Bob seems to say its the vans fault - the van driver seems to say its the other drivers fault - a classic and most usual case of - its your fault, no its your fault - and its left to insurance companies to decide - in this case it is my opinion the two insurance companies, or they may end up being one of the same, may well decide on knock-for-knock. But as Bob quite accurately suggests - he will obtain advice from professional people and not the likes of me - so going forward, perhaps Bob may let us know what the insurance companies decide and what, if any, legal advice he is given; then we will be well informed of what happens should we face the same situation?
KeithR56
Posts: 222
Joined: Wed Jan 26, 2022 4:16 pm

Post by KeithR56 »

My wife was involved in an almost identical incident 30 years ago. It was clear cut as far as the police and insurance companies were concerned. The vehicle turning into the side road was at fault because he should have ensured it was safe to do so before proceeding. When my wife had started to pass the parked cars on her left, the road was clear of oncoming vehicles.

However, in my experience, you can’t always predict the insurer’s decision. If the insurers haven’t apportioned blame for this incident yet, it may be because they’re waiting for the police report.
MY22 XC40 Inscription B4P, Auto, FWD, Denim blue, Blond Leather, Climate, Versatility, Sunroof, Tints.
Deleted User 3629

Post by Deleted User 3629 »

Read a quote some time ago, which was food for thought - "graveyards are full of folk who thought they had right of way"
User avatar
Bob
Posts: 295
Joined: Thu Jan 25, 2018 5:14 pm
Location: Lancaster

Post by Bob »

KeithR56 wrote: Thu Jul 07, 2022 11:49 am My wife was involved in an almost identical incident 30 years ago. It was clear cut as far as the police and insurance companies were concerned. The vehicle turning into the side road was at fault because he should have ensured it was safe to do so before proceeding. When my wife had started to pass the parked cars on her left, the road was clear of oncoming vehicles.

However, in my experience, you can’t always predict the insurer’s decision. If the insurers haven’t apportioned blame for this incident yet, it may be because they’re waiting for the police report.
Thanks for that info Keith. Your wife's situation is very similar to my wife's.
Regarding apportioning blame I think you may be right. I'll just have to be more patient.
Ordered 24th February 2018: XC40, FE, T5, Crystal White, Lava Interior (additional black carpets), 19" wheels, mud flaps, Tow Bar, Polestar, was expected June/July, then 1st October.
Finally took delivery on 16th October 2018. 8-)
Mikeg1
Posts: 495
Joined: Tue Nov 02, 2021 7:14 pm

Post by Mikeg1 »

Highway Code rule 183 is written in relation to turning left at a junction, but is relevant. Call me picky, but exiting a roundabout at a speed sufficient to bounce off a stationary vehicle and hit a house suggests neither full attention to speed limits nor the road ahead.

Screenshot_20220707-141938.png

Mike. West Yorks.

MY22 B4P R Design 8 sp auto, Thunder Grey with Climate, Park Assist, Android Auto, Car Protection & mudflaps, Service Plan.

Ordered 02/11/21, collected 17/11/21
User avatar
Bob
Posts: 295
Joined: Thu Jan 25, 2018 5:14 pm
Location: Lancaster

Post by Bob »

A quick update on this saga.

Believe it or not, 22 weeks and 4 days on (i.e. a little over 5 months since the accident) I still haven't got my car back, nor has liability been resolved.

Total cost of repairs are going to be about £15k, had it not been for COVID inflating the used car prices I think it would have been written off.

There has been some movement. After much longer than the predicted 10 weeks to get the outstanding parts (a wiring loom and steering/drive rack), the parts finally arrived at the repair shop last Monday. They were due to start working on my car last Wednesday, but on noticing my car was still in the yard on Sunday, I rang the repairers today to find out there'd been a delay in the workshop, they are hoping to start on it tomorrow. If all goes well it should take about 3 weeks.

On the liability front, about 8 weeks ago I received an email from the Police stating they were recommending the 3rd party be offered a Driver Awareness course. I forwarded this to my insurers thinking this will quickly resolve the liability issue. They forwarded it to the third party insurers, but they are playing silly beggers, initially failing to respond to my insurers queries, then when they finally did they didn't respond to the fact their driver was being offered this course, instead asking for a copy of the video that I had submitted to my insurer. My insurers are as exasperated as I am, they sent this video to them right at the start of the claims process.

At the beginning of this saga, the claims handler, and his supervisor, didn't feel the video was sufficient to prove liability. I disagreed at the time as I felt it clearly showed the third party hadn't entered the road my wife was on when she started her manoeuvre. However, I knew the Police were going to offer the DA course to the other driver, so I waited patiently for this to be confirmed, believing that once the 3rd party insurers knew about the course they would cave in and I would finally be provided with a car until mine was repaired.

So, two weeks ago, when my insurers told me the 3rd party insurers were not playing ball, I asked to speak to the Claims Manager of my insurance company (I'd found his name online so I knew who to ask for). He phoned me up within 24 hours, patiently listened to my complaints, before telling me that he'd looked at the video I'd submitted and stated that he agreed with me and that in his opinion the claims handlers (that work for a sub-contracted company, I think) had made a mistake. In his opinion the video clearly showed the 3rd party was at fault. He apologised for their error and assured me that they intend to fight the case if the 3rd party, and his insurance company continue to deny liability.
Normally, in these cases they have to wait until the car is repaired and send the repair bill to the 3rd party insurer, giving them 4 weeks to pay before getting solicitors involved. In this case, as the 3rd party insurers have not been responding adequately they will be sending the bill with a solicitors letter. Normally, when this happens, the other side cave in, but if they don't it will go to court. He went on to say that whilst he thinks we have a good case it is no guarantee we'll win, it all depends on the judge and how they see it.

Due to all the hassle I've had, he agreed to waive the excess payment that I would have to pay when I collect the car (I'd have got that back anyway if the other party accepted liability or we won in court). Plus, he arranged for my insurance company to pay for a hire car until mine is fixed (which is not provided for under my cover), it's only a Fiat 500, but it's better than nowt! (Especially after not having a car for the past 5 months!)

So, at last things are beginning to look up, I just hope it carries on in the right direction!
Ordered 24th February 2018: XC40, FE, T5, Crystal White, Lava Interior (additional black carpets), 19" wheels, mud flaps, Tow Bar, Polestar, was expected June/July, then 1st October.
Finally took delivery on 16th October 2018. 8-)
ChrisLF
Posts: 1346
Joined: Wed Apr 24, 2019 8:21 am
Location: Heart of England

Post by ChrisLF »

Fingers crossed Bob, that really has been a nightmare.

Chris
2023 B4 Plus Dark FWD in Silver Dawn. Tinted Rear Windows. Spare Wheel & Tow Bar dealer fitted.

Gone - 2019 T4 R-Design FWD in Bursting Blue. Winter & Convenience Packs, Power Seat, Front Park Assist, Rear Camera, Spare Wheel & Tow Bar.
Post Reply