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-   -   clipped wing mirror a bit shaky but ok, who is liable (https://xoutpost.com/bmw-sav-forums/x5-e53-forum/95350-clipped-wing-mirror-bit-shaky-but-ok-who-liable.html)

omodos 12-28-2013 11:15 AM

clipped wing mirror a bit shaky but ok, who is liable
 
sorry to be posting during the holiday season but any feedback would be much appreciated, 2 two X5's travelling in the oppostie direction, narrow lane, drivers side wing mirrors clips each other, hers:rant: breaks mine is fine(a little wobbly from an old injury when i walked into it).....

She told police i went into her lane (lie) and i told police i was in my lane correctly as i should have been

no police or insurance was called at time of incident but i reported it to my insurance company as advised to by police.....insurance office opens monday and am real anxious for feedback from you guys until then , who is liable, who pays for what here? will they find us both at fault? and tell each of us to pay for our own damages(in my case non existent)? cos lets face it if we start the blame game it wont end, my wife was witness in thr car with me that i was driving ok but the other party 'found' a witness to say i went into her lane! and without video or photo footage nobody will know for sure .....

or will her insurance people claim from mine, and mine just pay up....in which case my insurance premium rockets!:dunno:I anybody know what the rules are re situtations like this?much appreciated if anyone can reply

puddinboo 12-28-2013 11:19 AM

if your mirror is still loose open close them again if they are power fold.

omodos 12-28-2013 11:21 AM

no they are not electrically folding, either way who would be liable in this cae, and apologies if i have posted to wrong forum

puddinboo 12-28-2013 11:58 AM

a situation like this could go to court before anything is done about it don`t know for sure.

upallnight 12-28-2013 01:45 PM

The one who was issued a ticket for the accident is liable for the damages. If the police didn't issue a ticket, then each driver is liable for only their damages.

omodos 12-28-2013 02:10 PM

thanks for the reply but nobody was called out neither the police nor insurance people ,i saw no damge on my x5, and continued driving. I could see she did same until a few mins after i saw her tailing me n telling me i broke her wing mirror, then we parted , n soon after i got a call from police to go to station to give my account of things, that's when i heard her account of lies that i went into her lane, i told police i was in my lane and driving as normal..jeez some people! So u think if it goes via insurance companies ,her own insurance will ask her to pay for her damage as in eyes of law we should have both taken due care if the road was narrow?

tmv 12-28-2013 02:29 PM

I always take out my phone and take pictures of everything where it happens.
In this situation, your words against hers. The judge will decide if it comes to that.

blktoptrvl 12-28-2013 04:07 PM

Your Location says Cyprus.

If that is where you are, you'd best get a reply from someone in-country as who knows what the difference in the laws are.

Otherwise, there is no witness and no one to blame, I suggest you each fix your own issues. I don't see how any judge (or insurance company) can assign blame.

upallnight 12-28-2013 09:12 PM

I was involved in an accident when the fellow in front of me lost control and sideswipe my car as I passed him. Police gave him a ticket for reckless driving. I didn't get a ticket. The guy was driving his girl friend car and she call me to ask for my insurance company name because of the damages to her car. I told her that her boy friend lost control of the car and sideswap me. He was given the ticket and I didn't received a ticket. At that point she turn very apologetic, perhaps hoping that I wouldn't ask her what was her insurance company.

omodos 12-29-2013 08:02 AM

Quote:

Originally Posted by blktoptrvl (Post 971818)
Your Location says Cyprus.

If that is where you are, you'd best get a reply from someone in-country as who knows what the difference in the laws are.

Otherwise, there is no witness and no one to blame, I suggest you each fix your own issues. I don't see how any judge (or insurance company) can assign blame.

thanks for all rep;lies really appreciate it, ok true but law is law,but no police turned up, no insurance people and I would say 50 50 blame (despite fact that i was in my lane and driving as normal) and as some posters say each person fixes his own issue in my case there was no damage,as for witnesses....how do you verify that the witrness was indeed there at the time,l my wife was in the car and toddler, and other drivers was on her own, she then falsely stated to police that there was a witness who saw me go into her lane, my wife will say otherwise and this is what we reported to police that I was driving normally within my lane, so there is no video or photo evidence of what happened and who was in whose lane or not, so not sure how blame will be assigned......i am just furious that she claims i went into her lane and casued the wing mirrors to clip and is after me via my insurance company to settle this for her incompetent driving!


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