Accident Advice
#1
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Accident Advice
Last night I was involved in a bit of a prang and wondered if anyone on here with our collective road experience can give some advice!
Basically, travelling down a two-way street with cars (quite legally) parked on the near-side next to the pavement, meaning that a lot of the time people on my side of the road have to just stop and give way before going round the parked cars as there is no room for two cars to pass.
Upon approaching the stationary cars parked at the side of the road with one car travelling in front of me, the car in front decided to make a break for the gap even though another car was coming in the distance. I stopped 13 feet (measured it) short of the parked cars in order to give way to oncoming trafic and wait my turn. Anyhow, guy who made a break for it through the gap quickly decided the car coming in the opposite direction was travelling too fast to make it so sticks his car in reverse, and as you might have guessed by now, backs directly into the front of my car.
Now he was fairly civil at the scene, exchanged details etc but now I have had a phonecall from him advising that he is not going to accept liability for the accident as his insurance company advise him not to. He also says he is not at fault because it was the fault of the driver speeding the other way although I would say that he shouldnt have even attempted to move out onto that side of the road regardless of the speed of the incoming vehicle.
Obviously if he costs me money and gets away with it im going to be less than pleased. Can anybody advise which way this might go from now?
Have taken photographs of the area of road involved this morning plus measurements showing how far he reversed etc.
Basically, travelling down a two-way street with cars (quite legally) parked on the near-side next to the pavement, meaning that a lot of the time people on my side of the road have to just stop and give way before going round the parked cars as there is no room for two cars to pass.
Upon approaching the stationary cars parked at the side of the road with one car travelling in front of me, the car in front decided to make a break for the gap even though another car was coming in the distance. I stopped 13 feet (measured it) short of the parked cars in order to give way to oncoming trafic and wait my turn. Anyhow, guy who made a break for it through the gap quickly decided the car coming in the opposite direction was travelling too fast to make it so sticks his car in reverse, and as you might have guessed by now, backs directly into the front of my car.
Now he was fairly civil at the scene, exchanged details etc but now I have had a phonecall from him advising that he is not going to accept liability for the accident as his insurance company advise him not to. He also says he is not at fault because it was the fault of the driver speeding the other way although I would say that he shouldnt have even attempted to move out onto that side of the road regardless of the speed of the incoming vehicle.
Obviously if he costs me money and gets away with it im going to be less than pleased. Can anybody advise which way this might go from now?
Have taken photographs of the area of road involved this morning plus measurements showing how far he reversed etc.
#2
I don't see how he can't admit liability if he's admitted reversing into you ?
Did he agree you were stationary ?
The other car didn't force him to reverse into you - it was his bad driving.
Have a chat with your insurance .....
It all boils down to if he admits reversing into you.
If he does, you don't have a problem.
Would be a bonus if you had an independant witness.
Did he agree you were stationary ?
The other car didn't force him to reverse into you - it was his bad driving.
Have a chat with your insurance .....
It all boils down to if he admits reversing into you.
If he does, you don't have a problem.
Would be a bonus if you had an independant witness.
#3
You were stationary, he reversed into you.
What else is there to say!
His insurance company will always advise not to admit liability even when this is blatantly the case.
You should only have the normal amount of hassle on this occasion,
Good luck
Dave
What else is there to say!
His insurance company will always advise not to admit liability even when this is blatantly the case.
You should only have the normal amount of hassle on this occasion,
Good luck
Dave
#4
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Accident advice
Thanks for your replies so far guys
With regards to independant witness statements, we're both a bit stuck and im not sure who is best off really. He had his son in the car with him, aged about 25 but he openly admitted that his son was far too drunk to drive the car and he was just taking him from the pub to anotehr party so im guessing that even if he did count as a witness his being drunk must negate his reliability.
I had my girlfriend in the car with me whom I live with so shes not particularly independant either.
Luckily it was a couple of minutes from my parents house so I called out my dad who is a serving police officer and he made some sketches and notes on the scene but Im just worrying this guy is going to try and deny everything!
With regards to independant witness statements, we're both a bit stuck and im not sure who is best off really. He had his son in the car with him, aged about 25 but he openly admitted that his son was far too drunk to drive the car and he was just taking him from the pub to anotehr party so im guessing that even if he did count as a witness his being drunk must negate his reliability.
I had my girlfriend in the car with me whom I live with so shes not particularly independant either.
Luckily it was a couple of minutes from my parents house so I called out my dad who is a serving police officer and he made some sketches and notes on the scene but Im just worrying this guy is going to try and deny everything!
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All car insurance policies will say that you should not admit liability, so it's not surprising that after he spoke to his insurers that's the line he's now taking. It will come down to what exactly they say on their insurance claim form, but importantly what he said at the time.
If he & his son say he was stationary and you drove into the back of him, and you and your girlfriend say he reversed into you, then it might get classified by the insurers as a knock-for-knock, equal blame accident and both your NCB's taking a hit. One word against another, unless there is another witness or there is some convincing physical evidence that points to his blame.
If he said anything at the time which might make his story weaker, make sure you tell your insurers.
You could always approach him and ask him to fess up, do the decent thing so it doesn't hit both your NCB's. It's a long shot, but there are some people who still have morals.
If he & his son say he was stationary and you drove into the back of him, and you and your girlfriend say he reversed into you, then it might get classified by the insurers as a knock-for-knock, equal blame accident and both your NCB's taking a hit. One word against another, unless there is another witness or there is some convincing physical evidence that points to his blame.
If he said anything at the time which might make his story weaker, make sure you tell your insurers.
You could always approach him and ask him to fess up, do the decent thing so it doesn't hit both your NCB's. It's a long shot, but there are some people who still have morals.
Last edited by Brit_in_Japan; 08 February 2004 at 07:31 PM.
#6
Hello
Unfortunately unless you can get an independent witness, I would say that the insurance companies will think that it is your fault as it's unlikely that he backed into you. Sad but true.
Steve.
Unfortunately unless you can get an independent witness, I would say that the insurance companies will think that it is your fault as it's unlikely that he backed into you. Sad but true.
Steve.
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Oh dear!
I had similar, to cutr a long story short guy reversed into me, i could not move backwards as i would have had to back into a busy main A road!
No witnesses
He admitted it was his fault, we exchanged details.
Later that day the dishonest ****** changed his mind and claimed i hit him. I am sure some clever sod advised him to do this - it really sucks people can be this dishonest.
Damage to the back of his car and front of mine - I had no chance once he changed his mind
Me - Not leg to stand on he claimed in my insurance.
I hope you get this sorted but without an independant witness you could easily end up in the same boat as me.
I had similar, to cutr a long story short guy reversed into me, i could not move backwards as i would have had to back into a busy main A road!
No witnesses
He admitted it was his fault, we exchanged details.
Later that day the dishonest ****** changed his mind and claimed i hit him. I am sure some clever sod advised him to do this - it really sucks people can be this dishonest.
Damage to the back of his car and front of mine - I had no chance once he changed his mind
Me - Not leg to stand on he claimed in my insurance.
I hope you get this sorted but without an independant witness you could easily end up in the same boat as me.
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#9
Having had some dozy old biatch drive into the side of me recently, and at the scene her admitting it was her fault, she changed her mind, and cause of no independent witnesses, the biatchs insurance company, and my retarded insurance company want to go 50:50 blame.
I would say the same would most likely happen to you. But as said above as the damage is to the front of your car and the back of his car, and there are no independent witnesses, then I have a horrible feeling the insurance will hold you completely at fault. Its p!sses me off that people wont admit fault when they are at fault, and basically lie, but there are some t0ssers about.
This isnt much help to you, but from now on, if I ever witness an accident no matter how small, I am going to stop and be a witness, so the person who wasnt at fault doesnt get screwed over. I would urge other people to as well.
And if you dont think you are going to win, then just drag it out as long as possible, which is what I am trying to do, and cause as much inconvience to the other person. I hope the dozy old biatch that hit me needs the excess she paid to supplement her pension, cause she aint getting it for a looooooooooooong time.
Sorry about my rant, and hope you get it sorted in your favour.
I would say the same would most likely happen to you. But as said above as the damage is to the front of your car and the back of his car, and there are no independent witnesses, then I have a horrible feeling the insurance will hold you completely at fault. Its p!sses me off that people wont admit fault when they are at fault, and basically lie, but there are some t0ssers about.
This isnt much help to you, but from now on, if I ever witness an accident no matter how small, I am going to stop and be a witness, so the person who wasnt at fault doesnt get screwed over. I would urge other people to as well.
And if you dont think you are going to win, then just drag it out as long as possible, which is what I am trying to do, and cause as much inconvience to the other person. I hope the dozy old biatch that hit me needs the excess she paid to supplement her pension, cause she aint getting it for a looooooooooooong time.
Sorry about my rant, and hope you get it sorted in your favour.
#10
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Someone recently posted a similar topic....(damn no search....)
Make sure that you politely pester your insurance company regularly and mention such things as having measured, photographed the scene etc. No question of it being your fault... etc. A serving Police Officer 'surveyed the scene' shortly after the incident etc.
More firepower the better IMO. The other guy might be OK but it sounds like his insurance company might be playing prepared to play silly b*ggers.
Good luck.
Vindaloo.
Make sure that you politely pester your insurance company regularly and mention such things as having measured, photographed the scene etc. No question of it being your fault... etc. A serving Police Officer 'surveyed the scene' shortly after the incident etc.
More firepower the better IMO. The other guy might be OK but it sounds like his insurance company might be playing prepared to play silly b*ggers.
Good luck.
Vindaloo.
#12
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Now call me cynical, but if his son was pished, was to say he had not had a couple, if it had been me I would have called the police and said I beleive I'd been hit by a drunk.
Cheers
Colin
Cheers
Colin
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