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Crankarm

Guru
Location
Nr Cambridge
No it doesn't. If you are driving, you never have "right of way" - in theory at least. I'm sure you know that the Highway Code says: "The rules in The Highway Code do not give you the right of way in any circumstance, but they advise you when you should give way to others. Always give way if it can help to avoid an incident."

Feel free to quote any English law giving a motorist right of way.


I think we agree on that and most of the rest.

The HC is not a statement of the law. It is merely advice/guidance. Many years ago I was once run off the road by a coach in central London. Their insurers initially tried to blame me 100% for the collision but then dropped their claim to 50/50 when they realised what I was saying was actually highly likely. But I still fought them as I knew their insured driver was just a bully throwing his weight and big coach around. He rammed me and my car up against a kerb. My main contention against him and my insurer 100% agreed with me was that the driver of the coach failed to make sufficient observations, failed to keep an adequate look out before he manoeuvred his vehicle into my car and that I had right of way. It went to court and the judge 100% agreed with me. Me 1: Coach Company 0. I got all my costs and a few other losses I suffered as well. Kerching! So whilst the HC is guidance, it is not a statement of the law. The law recognises right of way.
 

mjr

Comfy armchair to one person & a plank to the next
I apologise but I do not have time right now to write an unverifiable anecdote of that length in support of "right of way" not being the correct term.
 
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