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A SMYDSY incident: valuable information

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A SMYDSY incident: valuable information

Postby Mike Roberts » Tue Jan 09, 2018 10:39 pm

Statement:
I was SMIDSY’d yesterday at 1200 in bright daylight by a driver wearing the darkest sunglasses I've ever seen.
Ambulance attended and the police after the driver had left…
I know there are rules about the amount of light tinted windscreens allow through, but is there any rule about sunglasses?
Response:
Highway Code Rule 92 is Mandatory.
Vision: You MUST be able to read a vehicle number plate, in good daylight, from a distance of 20 metres (or 20.5 metres where the old style number plate is used).
If you need to wear glasses (or contact lenses) to do this, you MUST wear them at all times while driving.
The police have the power to require a driver to undertake an eyesight test.
[Laws RTA 1988 sect 96 & MV(DL)R reg 40 & sch 8]

See https://www.gov.uk/driving-eyesight-rules
If driver could not see you; would probably fail the visual acuity test (especially wearing those dark sun glasses even in bright sunlight) .

Highway Code Rule 237 (only advisory) includes:
If you are dazzled by bright sunlight, slow down and if necessary, stop.
Further Contribution from the Injured Party:
Following the SMIDSY on Sunday, I came home today to find a message from Direct Line insurance, the driver's insurer, asking me to call them back.
Intrigued, and thinking that they might be making an offer, I rang back. When I asked what the purpose of their call was, I was told that it was to explore my options, to which I responded that they represented the driver, so it would be entirely wrong for them to give advice to the person their driver had injured, and that I already had my own solicitor, so why would I take advice from Direct Line.
She put the phone down…

This would appear to be a completely underhand way of trying to reduce their compensation payment, and I was wondering if this is ethical and is there an insurance ombudsman or something?
Further response:
Actually, it is legal:
https://www.citizensadvice.org.uk/consu ... e-a-claim/
"If you're injured or your vehicle is damaged in a road accident and it's not your fault you may be approached directly by the other person's insurer to try and settle the claim with them directly.
This is called third party capture or third party assistance.

Insurers are legally allowed to do this. However, it's important to know that you don't have to settle the claim in this way, and that the other person's insurer won't be acting in your best interests."

I wonder how many people are taken in by this and just settle quickly with the driver's insurer without getting independent advice?
MBobs

AKA Mr Grub Street - whatever that implies!
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Mike Roberts
 
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Location: Macclesfield

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