:doh:driving home from work today and a pregnant woman with a pushchair decides to walk into the road without looking!! instantly i slam on the brakes and its not slowing down so i steer and hit the kerb in a attempt to clear them, police called and say from cctv woman walked out without looking, where do i stand regards my damage?? typical as im 3rd party and im really thinking about selling it as it is and just bailing out of this shed!!:x:x
my near-miss!
- Thread starter jay10
- Start date
You won't get very far with the civil claim either I doubt.
If the pregnant woman has any money she will probably claim you were driving without due care, then it's your word against hers (unless the tape shows different). If she doesn't have any money then getting money from her through the courts (which I think will cost you money anyway) will be like getting blood from a stone and if you did win it would probably be awarded at a quid a week or something daft..............
Like George said, I think your screwed........
If the pregnant woman has any money she will probably claim you were driving without due care, then it's your word against hers (unless the tape shows different). If she doesn't have any money then getting money from her through the courts (which I think will cost you money anyway) will be like getting blood from a stone and if you did win it would probably be awarded at a quid a week or something daft..............
Like George said, I think your screwed........
P
pulsarboby
Guest
yep as above
at the end of the day you should be driving at a speed you can safely brake in the event of an emergency and not by swerving into the kerb, parked cars or anything else for that matter.
so you were obviously driving too fast or driving with undue care and attention
at the end of the day you should be driving at a speed you can safely brake in the event of an emergency and not by swerving into the kerb, parked cars or anything else for that matter.
so you were obviously driving too fast or driving with undue care and attention
jambo_gtir
Member
Doesn't seem fair at all does it 
Should have run her over......
Should have run her over......
J
JeremyGti-r
Guest
Thats Pregnant women for you mate. My missus is 6months gone and she put the kettle in the fridge the other day:der:They shouldnt be allowed out by themselves
:lol::lol:
i was doing around 30 max in a 40 zone, i have just got my engine rebuilt so it is the break in stage so no boost or hard acceleration. looks like iv bent my wheel hub and my brake caliper is touching the disc and scraping, wishbone looks ok funnily. what would my car be worth as it is damaged? forged rebuild, fresh gearbox and a half decent body??
No, you did the right thing. As I said, technically you should be able to recoup the cost of repairs from her... but as it has also been pointed out, the chances of that going anywhere are pretty small. Unless you heard the phrase "I'm sorry, that was my fault, I'll pay for the repairs" then you'll have to fight for it (and probably get nothing for the effort).
A good quality second-hand hub won't be too much, and I'd guess it's the reason the caliper is touching the hub. - I'd talk to someone like Bob nicely and put it on, then you can get back to trying to sell it. Really you're selling the engine and gearbox in a rolling shell, so as long as it rolls people should forgive any minor niggles due to it having been repaired recently (well, I would anyway).
A good quality second-hand hub won't be too much, and I'd guess it's the reason the caliper is touching the hub. - I'd talk to someone like Bob nicely and put it on, then you can get back to trying to sell it. Really you're selling the engine and gearbox in a rolling shell, so as long as it rolls people should forgive any minor niggles due to it having been repaired recently (well, I would anyway).
olliecast
Active Member
Well done matey, your not in as much shit as if you'd hit them. You can also fix a pulsar, but as you say, you avoided the 3 potential fatalities very well.
If its just hubs etc. Then I'm sure there's a few people on here who'd help you do it for very cheap.
Well done for doing the right thing and good luck in fixing it
If its just hubs etc. Then I'm sure there's a few people on here who'd help you do it for very cheap.
Well done for doing the right thing and good luck in fixing it
geoff pine
Well-Known Member
Why would he technically win not so at best it would be a 50/50 the camera could not record the speed he was going and by his own admission his brakes did not work. ? My brother wast knocked of his bike in truro last saturday the 12 th he was waiting to cross the road the car stopped so he rode in front of it the car then shot forward hit him and pushed him as far as the out side lane of the dual carriage way . result one broken leg and six weeks of work and he is self employed legally its a50/50 as he did not make eye contact with the driver before he crossed in front of him and he was on a road . The out come will be no prosecution of the driver but he will lose any claim against him for damages to the bike loss off earnings and personal damage but the payment will be reduced buy 50 percent.
That's why I said that Geoff. - There is a certain onus on pedestrians to not just walk into the road when there are cars coming. If the footage reviewed clearly shows her step out without looking, and also shows a concerted effort to avoid hitting her, then he's not at fault.
Admittedly I've only ever heard of one case when the car driver has got damages for trying to avoid a pedestrian, and I think in that case they had admitted that they didn't look and just walked straight out. - Maybe it doesn't work like that very often, and legally it is 50/50 at best.
It's simply not worth trying to pursue it because you just end-up looking like a bastard.
Don't get me wrong. Any time there is an impact between a person and a car, it's the car that wins. Regardless of fault, if you've injured or (god forbid) killed someone then you are going to be regarded as at fault until it can be proven otherwise. The truth is that more often than not it's the driver at fault; they just didn't see the cyclist or expect a person to be standing there... I know I've been guilty of that (almost taking out a cyclist that I looked straight past).
PS Sorry to hear about your brother.
Why not? are you brakes dodgy? Don't you use engine braking as well?
M
midnightpurple
Guest
One of those threads you wish you hadnt started..............?? Everyone survived thats all that matters and the R would have only broken down of its own accord anyway so at least you have created the fault instead of it creating its own..... for now ;-)
vpulsar
Well-Known Member
If I where you I'd be looking at the appalling state of your brakes mate, You should be able to stop from 30 mph very quickly indeed, I had two young boys ride out in front of me and I managed to stop virtually instantly from 30 mph, As for getting anything out of the woman that caused the accident than I wouldn't hold your breath. I think any court may take the view that your brakes where defective and you'd lose your shirt lol.
John
John
Who needs courts when you can be judged on an internet forum by loads of people that never even saw what happened :lol: