[superM0121]

Hi everyone, looking for some advice for my wife. She is a very new driver (passed a few months ago) and is driving a Motability car. She’s understandably very shaken up after an incident with a bus this morning.
The Incident:
She was overtaking a stationary bus at a stop. She moved out when the road was clear, but as she was alongside, the bus began to pull out. Oncoming traffic appeared at the same time, so she slowed down to manage the hazard safely. The bus continued to pull out/accelerate and scraped the side of her car.
The Damage:
• Scrapes/marks on her front wheel bumper.
• More significant impact/deeper damage on her rear wheel wing (arch).
• The bus has a scrape on its front corner.
Key Points:
• She was already established in the lane and almost entirely past the bus when the impact occurred.
• There is no black box/telematics fitted to the car.
• We are submitting a Subject Access Request (SAR) to the bus company for the CCTV tonight.
We are worried the bus company will try to use Highway Code Rule 223 (Bus Priority) to blame her. However, our understanding is that priority doesn't give a bus the right to move into a vehicle that is already alongside them, especially when that vehicle is slowing for oncoming traffic.
Questions:
1. Does the fact that the damage is along the side (especially the rear wing) prove she was already there and he drove into her?
2. Since it's a Motability car, should we report it to Direct Line Motability as "Information Only" first?
3. Has anyone dealt with National Express claims where the bus driver pulled out on a vehicle already overtaking?
Any advice to help calm a nervous new driver would be greatly appreciated!

[Nick]

Hi @superM0121 - welcome to the RAC Community and thanks for making your first post, it's great to hear from you - although I'm sorry to hear of your wife's collision - these incidents can feel very unsettling so hopefully she feels less shaken up very quickly.

In terms of the incident - without any direct evidence I suspect it will be very difficult to prove liability either way.

where this hangs in the balance, to some extent is partially dependent on whether or not the bus was indicating to pull out before your passing maneuver started, or during the maneuver. And again, without it becoming a case of he said / she said, it's very difficult to prove that either way without direct evidence. The Highway Code clause instructs to give way where safe to do, especially if the vehicle is indicating to pull out. Something for you to consider though, (and maybe have in your back pocket depending on how it plays out) is Rule 204 - The Overview for this section, which does put the onus of responsibility on "those who can cause the greatest harm" - it could be said that this would be the bus in this instance.

To answer your questions as best I can (please understand these are not official answers from anyone, nor am I any kind of expert), I would say that:

1: The damage location can suggest vehicle position but without an inspection certainly doesn't prove anyone's position in the accident.
2: I would assume that you are contractually required to make your insurer know of any incident - more details will be in your terms and condition.
3. Fortunately, I've never had to deal with this situation, so am unable to comment.

I hope that helps in some way - again - I am by no means an expert in these things. Your insurr would be a good place to get some solid advice.
Do let us know how you get on.

Nick

[Beelzebub]

1. No.

2. You must report it to them, regardless. I'd be inclined to claim and let them deal with it. You pay them enough.

3. No idea.

As an aside, do you have a dashcam? If not, get one ASAP!. Footage is invaluable in cases like this.

[Nick]

@Beelzebub - I'm not a fan of dashcams, but the more I hear of situations like this, the more I'm tempted - just in case!

[Beelzebub]

Originally Posted by Nick

@Beelzebub - I'm not a fan of dashcams, but the more I hear of situations like this, the more I'm tempted - just in case!

I'd had my current cam for about a week when a car collided with mine, just before trying unsuccessfully to cut in front of a bus. He admitted the bus, but denied hitting me.

The dashcam footage proved the case, and so paid for itself about 20 times over.

[olduser]

Buses these days are covered with cameras, your insurer will be able to ask for any such details.
So a very urgent step 1, is -contact your insurers now, let them do the work.
Draw a simple diagram showing before and after, this can be sent to your insurer but in any case, it is useful in helping her to remember who was where when.

Lesson.
When passing a bus, don't even start if you can be blocked by oncoming traffic.
Look in the bus mirror if you can see the driver chances are the driver can see you.
Don't pass close to the bus.
Finally do it quickly but safely.

Best wishes.