Just had an accident and wanted some opinions...

Basically I was driving down a 40mph main road at 35-37mph...
It's a two-lane road and I was on the outside lane, in the inside the lane is a pick-up truck, and he is one car length in front, so is blocking my view to the left...
then a transit van on a minor road pulls out to turn right, and though the pick-up truck stops to allow him, the pick-up had obscured my view and I was unaware that there was a van there and i continue on...
and as he pulls out his front collides with my side...

Just wanted to know your views on who's fault it was... as the guy was a complete tosser...didn't admit liability when I believe it was his fault as it was my right of way...and even had the cheek to say I was going over 40 when I was in the micra (Thank god I werent in the scoob!) and definetly under the speed limit.
He looked to me to be in his late 30s to early 40s...yet he quotes "I've 35 years experience of driving, I know that you was speeding!"... Bollox

 

Never admit liability, so he did the right thing.... in minor incidents it's down to the insurers to agree liability for the accident anyway.

He sounds 70% to blame, but I'll bet your in this for 30% as well....

 

Yeh I understand its for the insurers to decide the liability...just this guy annoyed me when he kept insisting that I was over the limit when I clearly wasn't...

30%? not sure what you mean mate...but absolutely nothing I could do as he pulled out it was too late for me to stop.

 

Sounds like it would be his fault, but dont be shocked if they go 50.50.

 

For a start he was right not to admit liability - it would probably invalidate his insurance - so you will benefit by his arrogance.

I would suggest that you "technically" are not going to be liable because you have not infringed anything in the highway code from what you have said, and were driving as the average person would.

I suggest you report it like you have said to your insurance company and let them battle it out. He will argue to his insurance company till he is blue in the face that he believes it wasn't his fault, but it's up to his insurance company to make the decision on whether they think he was. They should decide they have no case and settle with your insurance company in full.

With the benefit of hindsight, and with "advanced driving" in mind, you could argue that maybe you should have seen the turning coming up, or the sign for the turning coming up, and given yourself room to see any cars potentially pulling out, by dropping back a bit. That though is not what insurance companies will work on, so is just something to think about for the future. I make this comment not because I believe you have driven badly but because EVERYONE has the potential to get better, even if it's just a little bit. If it ever happens again to you, the next person may pull out a little bit further... and then you have a HEAD ON collision...and the consequences of that are far more serious.!!!

Good luck with the claim.

Rich

 

Sounds like his fault but like others have said don't be surprised if you get shafted.

 

I'm an insurance claims adviser mate.

It's his fault. He has failed to give way. Accept nothing less !

Andy Mc, DipCII ASCT and other pretentious stuff.

 

Thanks for reply guys...
am worried that I'm going to get shafted even though it wasn't my fault...
my friend got a 50:50 when he had an accident on a roundabout...other driver was in the wrong lane...

I know the guy will be arguing the case even without a leg to stand on, but on what grounds do you reckon he'll get 50:50?

 

Thanks for the vote of confidence

 

None ! 50/50s are common on roundabouts, pulling out of a side road is a different kettle of fish.

 

You're welcome mate.

 

As said above he failed to give way, regardless of if the other vehicle was letting him go he should make sure its safe before moving into the road.
Similar thing happened to my Girlfriend few years back, minding her own business doing 30 in a 30, oncoming vehicle had stopped to wave out a council wagon from a junction on girlfriends side of road, girlfriend hadn`t seen the gesture, the other car had just waved, not even flashed. The wagon pulled out and hit the rear quater of her corsa spinning it around onto the embankment and writing it off. Insurance companys were done and sorted in two days, wagons fault, and paid up.

 

From what you've said it sounds like the other driver was at fault.
Hopefully the insurance claim won't take too long to be processed.

Highway code

 

My mum parked her car once and came back to find a corsa parked in its boot.. as there were no witnesses and the corsa driver accuse dmy mum of reversing into here (even tho corsa driver had to be located by cops) the claim went 50/50

Its not good to mention insurancecompaines around my mum as this is the only claim she has ever made she felt sevearly let down by it!

 

This is why you're advised never to wave/flash someone out..!

As Andy has said, it doesnt get more black and white than this, it was your right of way..!

Just be prepared for some lame ar5ed excuse (ie you were speeding)..! I don't suppose you've got a witness..?

 

completely his fault as he was pulling out to join a main road & the pick driver should take the blame to as he should have made sure it was save to let him out in the 1st place..

 

err, if the guy who hit you claims you were driving in excess of 40 mph,that suggests he saw you coming but still pulled out in front of you so who's at fault here then

 

Feckin good point mate!

 

Just had one of these cleared up.
Lorry out the side road, into the side of me.
No fault claim.........do not accept any alterations to the claim by your insurance. This will affect your no claims.

As you were on the main carriageway, then it is up to the people pulling out of side streets to ensure their path is clear. If you were at fault then you would would have damaged the front of your car, but you passed the point of no fault and he ran into the side of you.

Glad your okay apart from the whiplash.

 

too true...i reckon the guy knew he didn't have a leg to stand on, and that was the only thing he could say to try get himself off the hook

 

What sort of alterations do you mean?
Yep the fact that he hit me full on by the side should show I could do nothing...
yep whiplash and shock

 

Totally his fault: He ignored the give way and pulled out without being sure his path was clear. Notify your insurance and call an accident management company, he can argue all he likes but he didn't give way at a give way junction. Indeed was it a give way or was it a stop junction?

However, next time you will be a lot more cautious of people slowing down in the inside lane at a junction.

 

Just got off the phone to RAC and they said due to the extent of the damage and the age of the car, they want to write it off...

So, even though I know its the third party's fault, liability has not yet been confirmed as it's likely he's gonna argue his case... how will this affect my no claims?
The car involved was not my scoob, but my runaround car...problem is my scoob is due for insurance renewal in December...and I will be shopping around...but with this claim pending, what do I disclose etc?

 

Don't want to put a downer on you but I had a similar case a few years back.
Lady driver pulled out of a side road and hit the rear quarter and wheel and also rear bumper of my car.
All was fine when we exchanged details but I later got a call from my insurance saying they had settled 50/50 'cause the lady driver claimed I was indicating left into the side road.

Common sense goes out of the window and it seems some lazy c cks at insurance companies settle 50/50 over anything just to make their life easier.

 

should have phoned the old bill and walked round holding your neck!!!!

keep us posted on the outcome and good luck!!

 

I don't know why the other guy will not accept 100% liability.
There is no way that he is not going to lose his NCB on this one. Maybe pay him a £100 to report the accident in an obliging manner - ie I didn't see him and just drove into his path or whatever.
I guess the insurance companies like to settle on a knock for knock basis - it makes it easier for them and they get to shaft both of you out of your excesses, plus rip you both off your NCB's. C*NTS

 

Nooo-o-o-o-o ! - Any payment to the other driver could be seen as an admission of guilt !

 

That's very fecking unlucky Andy. I agree with the "lazy ***** at the insurance company" comment in this case. If they had checked their caselaw, they would have realised that a false indication is considered unproven unless verified by an independent witness !

 

Unfotunately, if he argues about liability your NCD may be "Disallowed Pro Term" (ie temporarily) while the insurers fight it out.

Howver, there's nothing to stop you speeding up the process yourself : call the TP insurers, say you are looking to recover your policy excess and that you need them to write to your own insurers, confirming that liability is not in dispute. As soon as they do, your NCD will be allowed. If they don't, at least you'll hear what the oether driver is alleging first hand.

HTH

Andy Mc

 

also whiplash can appear 24 hours to 1 week after accident (according to some of them) and can give u a stronger claim and an average £2500.00 for injury etc.