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rookethorne
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Be VERY careful on this one.
A lot of modern buses have CCTV fitted which do have a partial view of the outside.
If you did overtake, and cut in too sharply so that the driver couldn't stop in time, or failed to give way to a bus emerging from a bus lane, you could be in the wrong.
You must also consider the possibility that remote CCTV may have caught the incident on camera, and may, or may not help your case.
And strangely enough, while your passenger is not acceptable as a witness, the bus passengers are.
I would ask the insurance company to show proof that you actually overtook the bus, if they can't then stand by your guns and go to court. |
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dels replies
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The insurance companies will sort this out between themselves.Give the photo and your passenger's statement to your ins.co.and they will deal with it.The offer of 50/50 is probably from the bus insurance trying to limit their liability.In most cases of a front to back collision the driver of the rear vehicle is held responsible. |
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?
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This is a tactic which business, both private and public, utilize to in order to fight cost while refusing to accept responsibility. Hopefully you contacted the police for the accident and they came to the scene of the incident. If not, your in a bad situation. Tell them that you and your passenger are now in pursuit of an attorney and plan sue not only for the damages but for additional losses should they not pay up for the total amount. Lastly, keep this in mind; if you are struck from the rear it the operator's responsibility to prove fault, other wise the fault goes to the party who struck the lead vehicle. So it does not matter what they claim since they have to prove you were wrong. The proof for the bus driver's error is in the fact that he/she hit you, especially from the rear. |
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jamand
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Makes no odds - he hit you from the rear - down to him and the bus company - they always do this to delay payouts - stand your ground and ask the insurance company to get the bus driver to prove his statement. He won't be able to I'll bet.
This is a common occurence with bus drivers and the companies that employ them - London Transport are the worst. |
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angie
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how can you over take in a traffic jam, i would appeal for witnesses of people on the bus to come forward to confirm this, put signs up at the bus stops of the route the bus takes |
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firetdriver_99
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Yeah what she said. |
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Samantha
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I do not know what state you are in but typically whenever you are hit in the rear it is automatically the other parties fault, no matter how it happened or what you did. I am a FL, DC VA, PA, NY, MD agent. |
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gearnofear
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Look at the police report and get the full investigation report. This will show the results of the police investigation on the accident. Rather you over took him or not should not even be the issue. It's the responsibility of the bus driver to keep the needed space in front of him for stopping. Also you can contact you traffic watch center and get the report for that day. They often keep logs as to how quickly the traffic was moving at the time in that area. You need to get all the proof you need to show that there was no way you could have over taken the bus and that he just was not paying attention to the conditions at the time. Police reports and traffic reports. Get this information. You should be good. |
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NY1Krr
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If the bus hit you from behind it will be their fault... maybe not 100% but definately much more than 50%. Stand your ground. If the insurance company sends you a check, dont cash it as this may be considered acceptance. Take the bus owner to small claims court. Once the insurance company sees the court documents they will be more willing to talk. If you still dont like what they have to say, take a few repair estimates with you to court and you WILL win. |
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Bardic
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You don't need to prove it - the damage will to be to the back of your car and the front of the bus, won't it? Just a try-on, I suspect. Even bus drivers are required to follow the rule that they must drive at such a speed that they can stop in the distance seen to be clear.
Presumably your insurers are dealing with this, aren't they? They aren't daft, it's what they deal with every day. |
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Nimbus
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It doesnt matter whether or not you overtook the bus.
The key point is that the bus went into the back of your car, presumably when you were stationary. The Highway code says that a vehicle must be driven in such a manner that it can always stop before hitting a vehicle in front.
tell the bus company that you reject the offer of 50/50, give them 7 days to accept otherwise you will start legal proceedings. If you have needed to hire a car whilst yours is off the road or bus fares or whatever then this will also be part of your claim |
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Stalker
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i would contact your insurance company and tell em that you are not perpared to accept any liablity for this and fight it all the way, my sister in law had a similar accident and the bus company told her a pack of lies, they got a solisitor involved and it was all sorted................if my sister in laws favor |
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attorneyscott
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bus drivers lie their asses off when they get in wrecks. in all fairness, they have a vested interest - their job is on the line. I had a client with an almost identical situation. don't accept 50/50, hire a lawyer. |
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Jim M
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If he ran into the back of you he is responsible no matter what took place before the incident (within legal reason) |
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★Hotmum ♥'s BB★
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U shouldn't have to, I don't know where u live but if u get rear ended u are in the right. Fight it cause ur passenger is ur witness and it's not right u shouldn't have to pay a cent! |
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Becky K
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this happened to me but a taxi driver not a bus i had to accept 50/50 or risk losing my no claims bonus as the damage was very little to my car i agreed just to keep my no claims bus drivers and taxis think they own the road and you pay your insurance for what? |
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Billy T
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If you were hit from behind the other driver is clearly at fault.No exceptions.Speak with the proper athorities and not his insurance conpany.Your insurance will also help you collect for your damages |
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Ammo
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Stand your ground - it makes you really sick a bus company who can afford to pay out - perhaps it wasn't the drivers first accident and he may be panicking about losing his job - either way they must pay up and if he has done it before he should be off the road. |
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cheryl b
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they hit you from behid its their responsibility 100%.how can u overtake in a jam |
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Sas B
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The world is mad.
My husband was hit by a bus when it pulled out from a side road.
We thought like you, why should we pay when it was your fault.
The judge disagreed, and decided my husband must have driven through a red light, then straight through roadworks to overtake the bus on a blind corner, hitting it on the way back in.
Frustrating is not the word.
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