Well...it was my insurance company who decided it was my fault. The defence from the third parties insurance company was Section 221 of the Highway Code.
Rule 221. Large vehicles. These may need extra road space to turn or to deal with a hazard that you are not able to see. If you are following a large vehicle, such as a bus or articulated lorry, be aware that the driver may not be able to see you in the mirrors.1 Oct 2015.
I have pointed out the lorry was coming towards me but they dont seem to be able to understand that despite them having watched the video. Presumably from now on when I see a lorry coming towards me I had better stop in case he wants my side of the road as well. Met with a charming Policeman at his Police station a few weeks ago. Showed him the video and made an allegation of careless driving. Strangely he seemed to agree with me. Cautioned me, siezed the HD card and filled out a report with the recommendation other driver is prosecuted. Ho hum. If I was an HGV driver I think I might have just put my hands up, admitted it was my fault and let the insurance company deal with it . I believe Careless driving carries a possible 6 points, just what every HGV driver likes on his licence. Maybe he will regret telling his boss it wasnt his fault when the summons pops through his door.I did suggest the transport manager may like to see the video but he told me he wasnt interested, let the insurance comapny deal with it. Strange, if an employee of mine had an accident and there was a video showing it I think I would rather have liked to see it. Oh and the insurance company...mine is Saga as I am a Gog. ( Grumpy old git) His is Lv. Ummm... it seems Saga is really Lv in disguise. Now a cynic may suggest that as my premium isnt very much compared to a National freight company, they might take the Freight companies side so as not to p*** them off and loose the business but then as a Gog, what do I know. Either way, Lv are picking up the bill. Once the car is returned, excess paid etc, I might just issue a Count Court Summons to get my excess back. I wonder what the Judge would make of the video. Oh and a short letter to the local Traffic Commissioner just to get his take on it as driver training etc is within his remit. I have a strange feeling when their operators licence is up for renewal training records may just get looked at a little closer next time.