Snazy

A friend of mine was recently sitting at a roundabout in Elephant and Castle, in the middle lane of 3. Whilst waiting to pull away he was hit from behind.

The car was in the outside of the 3 lanes, and his passenger side front, struck the rear drivers side of my friends car. By all accounts the guy was looking to the right and slowly pulling forwards to join the RA.

It was a low speed impact so little damage, but damage none the less.

Now the car has been repaired, but the other guys insurance have disputed the claim, suggesting it was my friends fault. To the extent, lawyers are now involved and lots of questions being asked.

So.............. in your opinion, how can this be my friends fault.
Oh its perfectly level too, so rolling back is not really possible, unless the guy has counter claimed that my friend reversed into him.

Just ot add, his handbrake was on at the time too.
Will get a google map up of the junction in a mo.

Snazy

I stand corrected, he was on the inside lane of 4
The other guy who hit was in the next lane to the right.

davegtt

How did he go into the back of him if they were in different lanes?

Snazy

Exactly, the guy looking the other way has slowly crossed into his lane, hence they hit corner to corner.

Santas Elf

But equally he could say that's what your friend did to him....

Snazy

How if the damage is on the read corner of my friends car ?

davegtt

read corner?

davegtt

ahhh rear corner, still you could pull right into the other lane, would make no odds on proving who is at fault.

Santas Elf

Drivers or passenger side rear?

Snazy

Could not pull forwards with ya handbrake on though, although hard to prove.
Would love to know what the other guy is actually claiming.

newington causeway - Google Maps

Have a look at the map.
Steve was in the left (turn left) lane, other was in the next lane (straight on)

The rear car's front passenger side bumper, struck Steve's drivers side rear bumper.

malc_gsi

Anything thats hits you in the rear is at fault, its failing to leave enough gap etc.

I had a lucky one once, someone reversed into me at a junction because they were in the wrong lane, £600's worth of damage (in a Vectra), luckily they didnt contest as I fear I would have lost.


Were any pics taken at the time Snaz?

Snazy

Its in the original post mate.

Snazy

Malc, is that you Malc

Pictures were taken of the damage to steve's car, but dont think the other. I will check.
As you know, busy junction, so stopping is a royal pain in the ****.

As for the hitting to the rear, thats my understanding too, so not sure why the confusion.

Santas Elf

Your mate was in the inside lane, which is left turn only...

The other fella will be saying that he (your mate) jumped lanes, in order to go straight on... at which point causing the contact... (his front) to your plas rear....

That my dear watson is that....

OllyK

From what you have said, it sounds like your friend is not at fault, however, without hearing the otherside of the story, it's not cut and dry.

malc_gsi

Course it is, nobber

if neither party has good photo's of the layout after the bump, no contest really, your mate should be in the clear, its for the other side to prove otherwise.

Snazy

lol yeah I can see that point, however HAD he done this, I suspect the damage would have been slightly different.
However, again a hard to prove point.

Never heard of such a simple accident being drawn out like this. Guy clearly fighting for his NCB.

Olly, yeah totally agree mate, would love to hear that other side.
Surely a low speed impact, 5mph max, could have been avoided IF Steve had indeed lane drifted (with his handbrake on lol)

Snazy

lol cheers.......... mate
Dont ask me for help shipping again

I would have to agree 100% on this occasion. Cant wait to see what the allegations are.

douglasb

The allegations will be that both cars were moving at low speed and that your mate drifted to the right into the next lane. As the other bloke will claim that by this time he was so close to your mate and expecting him to turn left as this was the lane that he had started in and hadn't indicated otherwise he didn't have time to stop before your mate's o/s rear hit his front n/s wing.

The photos only back up that a low speed impact involving these corners of each car took place; they won't show who hit whom. So, if there are two very different stories and no independent witnesses the insurers will split the blame 50/50.

(Not saying that I disbelieve anything that you have posted or that your mate has told you. Just stating what your mate faces having to disprove).

andythejock01wrx

What does the third party say happened ?

Snazy

Undisclosed at this time

Doug, fair play mate.

Ms Gooner 1

When I passed my test I was sitting at a set of lights and some twit was speeding round a rounabout - I was about 100 yeards up from the RA - I knew he was going to fast and therefore knew he was going to hit me - but with cars in front, I had no-where to go!
He DID try to mount the kerb to avoid me - but as a result hit my car (which was a Vauxhall Nova) at an odd angle and wrote it off!
Obviously he jumped out VERY apologetic - claimed it was his fault . However it took over 5 months to get settled - his insurance company contested it - said it was 50/50
I replied personally saying that unless I was reversing backwards in excess of 40mph - it was highly unlikely for me to have written my car off! My insurance co told me that that type of approach is standard practice!!!
Got sorted eventually - and I'm sure your friends will as well!
Good luck
PS - around that kind of area - CCTV is undoubtebly in operation? Just a thought?

Snazy

Laughable innit !
Yeah there is CCTV but just like when the car was broken into, they are hard pushed to look into it

andythejock01wrx

Your insurers or their solicitors must know - make 'em tell you !

Sbradley

I hit a nutter from behind on the next road round from there a couple of years ago.

Despite my having witnesses, including a bus driver with it on video, that he swerved across 3 lanes and then emergency stopped for no reason (he wanted to have a fight with a cyclist who had upset him), leaving me absolutely nowhere to go my insurance company initially settled on his behalf.

It took 3 years of arguing to get that turned around. I had to get a solicitor and sue the other driver's insurer, but now we've got a court date they're making offers to settle in my favour...

So if there's any doubt at all then I'd say your mate will get a satisfactory result. Especially if the other guy is insured through NU because they'll just roll over

SB

PS another metre and I'd have stopped before I hit him. As it was I ended up with my bike on top of me having headbutted his bootlid, a cracked rib and a partially collapsed lung. And the **** didn't even come round to see if I was OK, just carried on shouting and threatening the cyclist...