In court this morning for the insurance dispute from a crash in Nov 08…car turned right into a garage in front of me without indicating / looking. He of course claims I was overtaking him as he was turning. He has two witnesses from the car (not exactly independent) so just a matter who the judge believes I guess.
Fingers crossed. In my favour - the damage to the bike (underside) isn’t consistent with my going around him as he claimed. In his - prob best not to overtake approaching a garage…will see.
Wasn’t my day - not his either I guess. (we both ended up losing our respective no claims which is what it is about)
Went 70:30 for him. He admitted he hadn’t checked his mirrors. We disputed whether he indicated - judge said he believed him, whilst accepting I hadn’t seen them. (He said I was credible but that I had missed them)
So he sided with him but gave my insurers 30% because he admitted not using his mirrors at all.
There was also a big debate over whether driving overtaking at 30mph when the traffic is doing 10-15 is excessive speed. Judge said my speed was “contributory”.
So he went for me (on mirrors) - him (on indicator and my speed) - hence the 70:30.
I’ve heard before that things like garages, you should treat as a junction due to the volume of traffic in and out of there. No excuse for the driver though.
