Jer

Just got home tonight after some woman in a Honda civic crashed into me and need some advice.
I was turning right into a road, waiting for a car to go past in the opposite direction, all clear started to move and crash. Woman in a Civic hit my back door (see diagram).
http://www.jwie.f2s.com/crash.jpg

I pulled over and got out the car and she said I was parked at the side of the road and just pulled out on her. Total bollox, I was turning right with my indicator on and waiting for a car to go past. She had a girl in her car who said the same, my wife and two year old son were in my car, their was no other witnesses.
If she sticks to her story what will be the outcome of the insurance claim be.

Cheers

Jeremy

StickyMicky

tis the season to be crashing mate

i bumped mine the other night
bit of a ****ter isnt it

16vmarc

Your diagram make out that you turned too soon????

Jer

The Civic was going in the same direction as me.

16vmarc

Ah, right gotcha!!!!!

16vmarc

In that case she cant really get out of it can she if she hit the rear of your car???

mart360

Jrt, i had a similar situation to yours..

i was turning right, but had pulled round a large lorry that had stopped...

as i turned right, a m/cyclist decided to overtake everything and totalled the side of my volvo...

to cut a long story short, it took 18 months to sort, and ended up with me taking him to the smal claims court, where i won by default..

it also involved me making the bib reexamine there evidence,, the guy blatently admitted he was in the wrong didnt know the road and had overtaken without
looking....

he got a caution for due care and attention..... and oops he had forgotten to mention this to his ins co.... (result)

the only downside.. recovery of my excesses,, i had the claims recovery con...

They did **** all apart from want a knock for knock..

they said as i was tpft it was down to me!!!!!

so as i said 18mnths of work..

M

if you want further details and clauses (ins co get out lines) tried pm me


Mart

Jer

Cheers Mart, I have the feeling it will be a 50/50. I will give it a go though.

Clarebabes

How can she say it's your fault?! She was on the wrong side of the road FFS!

apples24

iTrader: (1)

id say the only thing in your defence is that she hit yu passenger door, ie you were well over before she hit you, state the truth, if there were parked cars on your left state that as it helps, bangs like that can be a coont though i had similar 4 yrs ago ended up 50/50

jods

As per Clarebabes, The other driver was on the wrong side of the road.
Unless, of course it can be shown that you started to make the turn manouvere AFTER she had made the overtaking manouvere.(sp)

Be honest, Is it possible that you hadn't checked your rear view mirrors ?

beemerboy

i'd find a witness

good luck.
BB

skiddus_markus

Pi**es me off when people lie about accidents like this.You might have your work cut out though as my dad had a Volvo driver do what the Civic driver claimed you did and the insurance company for the Volvo paid out,despite the Volvo driver denying it.

As an aside(for one minute beleiving the Civic drivers story),if people let the car out in front that is blocking their path,traffic moves much more safely and quickly than if idiots veer over the other side of the road and block the car wanting to set off.

Leslie

Witnesses in your car and hers count for nothing as far as evidence is concerned. She had no excuse to overtake you if you had your right indicator working and were positioned as you were in the road..

The difficult thing is to prove it without an independent witness. Maybe the police could work it out in your favour. The fact that she hit your right rear door might help.

Good luck anyway.

Les

hades

Unfortunately, the fact she was on the wrong side of the road doesn't necessarily prove her guilt - if you're overtaking a parked car on a narrowish road, you have to go to the other side of the road. Also, if you turn on your indicators, it doesn't give you the "right of way" to pull out on top of someone (not saying you did so, just saying that indicators being on doesn't prove her guilt)

Is it also possible that you'd been stopped for a short while before she arrived, and she honestly thought that you were stopped, and waiting to pull away? In that case, she might not think she is lying.

Not saying you were in the wrong, just think it's going to be very hard to prove she was without independent witnesses. Therefore, I'm pretty certain the insurers will try and go 50/50.

Finally, were you aware she was there, and did you check your mirrors before you moved off? On many occassions, whilst an accident was someone else's fault, the "innocent" party doing something different could have prevented it. This is the basis of a lot of the police / advanced driver type training. Not criticising you in the least, can't claim perfection myself either, just thinking out loud.