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Thread: Liability issues - not at fault?

  1. #1
    Join Date
    Aug 2014
    Posts
    3

    Default Liability issues - not at fault?

    Hi everyone, apologies for this being my first post but I was looking for a little advice.

    I was in an incident on thew weekend and believe I am 100% not to blame however my insurance company thinks it's a 50/50 however I fail to see how it could be.

    On my way home I was approaching a junction. I wanted to take the upcoming left hand corner. I moved over into the left hand lane which is specifically marked for taking the left. As I approach the corner the car in the right hand lane (designated to go straight ahead) attempts to take the left hand corner at the last minute. I'm pretty sure they didn't signal but can't be 100% sure. Their front passenger side wheel arch caught the side of my vehicle and both doors are in pretty bad shape.

    The photos I have as evidence clearly show that the other car has attempted to take the left corner from the wrong lane. I tried to avoid the incident by moving more to the left as soon as I noticed the car attempting to change lanes as there was an empty cycle lane, I soon ran out of room though and the contact was made.

    I can't see what defense they have as I couldn't have done anything else to prevent the incident however my insurance company is pushing for a 50/50 already. I was looking for other peoples thoughts if you think the other car involved has any case for argument?

    As mentioned before the photos clearly show she attempted the same left hand corner as myself from the wrong lane and the photos also show the point of impact and that my car must have been clearly visible to her if she looked in her left hand mirror before attempting the turn. Police were called to the incident but only helped us exchange details as she was being a complete lunatic shoving her camera in my face taking photos of me and not the incident lol

    I'm a little stressed at the thought of losing my NCD's and paying quite a high excess (400) when the incident doesn't appear to be my fault.

  2. #2
    Join Date
    Jul 2013
    Posts
    78

    Default

    Bear in mind that if it did go 50/50 you would be able to recover 50% of your uninsured losses eg your excess from the other party.

    There's a strong chance the other driver has given a different description of the accident to their Insurers which most people tend to do and have a habit of manipulating the circumstances to pass blame.

    Have you sent the pictures to your Insurers so they can see these as they can be very helpful as otherwise their only idea of what happened is your description and possibly the other drivers description and possibly they may have looked at the junction on google street view.

    Photos although not damning evidence can really help the claims handler make a more informed view of what happened.

    Were there any independent witnesses?

  3. #3
    Join Date
    Aug 2014
    Posts
    3

    Default

    Hi Dacouch, thank you for your thoughts.

    I actually heard back from my insurance company today. They have looked at my statement and photos and are very confident that they will be able to put the claim to the other party. The photos I sent clearly show their car crossed over into my lane. What will also help is the damage to the cars also back up my story as the whole of the side of my car is damaged but just the front left wheel arch of the offending car so it clearly shows they were turning into me.

    They are waiting to get the statement from the other side but things are looking slightly more cheerful today. Unfortunately no other cars stopped to get a statement from a third party. My friend who was in the car at the same time is a police officer who works in the borough where the incident happened and is trying to get access to the CCTV cameras that were at the junction but so far we haven't been able to come up with anything.

  4. #4
    Join Date
    Jul 2013
    Posts
    78

    Default

    Have you mentioned to the claims handler that your passenger is a police officer as although not an independent witness the fact that they're trained to observe and remember along with them being regarded as telling the truth.

    If you haven't mentioned it then do it, if you've already informed them and they dismissed it then trying getting your friend to write a brief witness statement of what happened. Obviously he shouldn't be using his job to gain advantage but them receiving a professional witness statement from someone who can be trusted to tell the truth may well give them extra ammunition / confidence to pursue the other side. If you then send/email or tell (I'd try email if possible) the claims handler that you have a hard copy of a witness statement from your passenger who is a police officer they will normally be very interested

  5. #5
    Join Date
    Aug 2014
    Posts
    3

    Default

    I have mentioned it to them but like you said they dismissed it because he is not independent. If it did have to go to court though then I'm sure it would be worth something. He is willing to back me up 100% with whatever I need. He feels slightly guilty as I was dropping his family members home after a house party. He couldn't drop them home as he had a few drinks earlier in the day and was worried he was over the limit etc. It was quite funny when the on duty police turned up as they knew him which made things really easy. The police said they couldn't really give an opinion as to who was at fault because nobody was injured, they just helped us get all the insurance details jotted down.

    I think I'll take your advice and get him to write a statement of what happened, it can't do any harm to the case.

  6. #6
    Join Date
    Apr 2012
    Posts
    2,890

    Default

    50/50 seems to be the default position of all insurers. They do back down though if they have a reasonable chance of convincing the 3rd party insurer.

    Fingers crossed I think you might actually win this.

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