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Thread: Car Accident - Who's at fault? Help!

  1. #1
    Join Date
    Dec 2008
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    2

    Default Car Accident - Who's at fault? Help!

    Hello,
    I was involved in an accident on Christmas Eve and need some advice as my insurers are not seeming to be very helpful!
    I was waiting in a side road to pull onto a main road. The side road was only big enough for one car and so no other vehicles could get down the road until I moved.
    I was indicating right and a car coming from the right was indicating to pull in to the side road where I was. As he was stopping the traffic, he flashed me to let me out so he could turn in. I checked to the left and the right and as the road was clear began moving out. As I was nearly fully out, (2/3 onto the correct side so not fully) the car behind the one turning in, decided he wasn't going to wait and hurtled onto the side I was on and hit me. It was on a road into a town, just a quiet road not major. Both cars were on the same side, me on the right side, him on the wrong side. He admitted it was his fault, said over and over that he would 'tell the police everything, it was his fault, im so sorry etc' His car had leaked oil all over the road (wrong side) so i took photographs of this but some 'helpful' passer bys moved the cars before I got a chance for photos.
    Once the police had arrived, he decided it wasnt his fault and began shouting at me and my partner & running his finger across his throat (threatening). Obviously dealing with a real nice boy here.
    He was able to drive away in his car, still leaking oil but my car had to be recovered as it had an auto fuel shut off and so wouldnt start.
    My insurers don't appear to be listening to what happened. They have taken details down wrong and when I spoke to them yesterday, I was immediately told it was all my fault! That was until I explained for about the fifth time what had actually happened.
    Its my first accident and I'd just really appreciate others opinions on whos to blame, what will happen etc. Thanks,

  2. #2
    Join Date
    Oct 2006
    Posts
    635

    Angry

    they take your money and I feel that is all they are interested in,my car was parked up outside my house I was streched out watching tele,car gets hit my insurers said not my fault arranged hire car that would be charged to third parties insurers,this is now 3 weeks and I have heard nothing from the others insurers my insurers said a claim was reported,what gets my goat is MY insurers ar dealing with it which means I will have to pay the excess and they will claim it back for me,the last time this happened it took 2 years to get it

  3. #3
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    Default

    Legally, the other driver is in the wrong as he was on the wrong side of the road, and overtaking at or near a junction.

  4. #4
    Join Date
    Sep 2007
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    Scotland
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    Default

    It sounds like the person you were talking to on the phone at your insurance company was a right plonker! It amazes me how such people get these kind of jobs,(I have come across similar folk) You tell them something and they write down something totally different. Call them again, and ask to speak to a supervisor, good luck.
    Cheers, Smudger.

  5. #5
    Join Date
    Dec 2008
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    Default

    hello,
    Thanks for your replies. I had a phone call last night from a guy from a claims company working on behalf of the guy who hit me as he only has third party insurance! This guy contradicted himself a million times as he was telling me how as I have had a no fault accident then i should keep all receipts for any costs incurred n go to my doctor as I have hurt my shoulder, then in the next sentence that his client is not admitting liability! His story is that he was travelling down the road at '30' (yeh right) miles an hour & he failed to notice the car turning left, also indictating(the one letting me out) so to avoid hitting that car, he swerved onto the other side & thats when he hit me! Surely that alone is enough as he obviously wasn't concentrating! The road he was travelling on is a long straight road, you can see from one end to the other. The road was completely clear (other than the one letting me out) when I pulled out and the other car had been stopped for longer than a second! I called my insurers straight away & told them everything, they seemed quite interested this time. But the girl I spoke to said it would still most likely be a split fault decision. Is this right? He was overtaking, not concentrating, going too fast (I'm fairly sure with half a miles notice you can BRAKE if your just doing 30) & he hit me on the wrong side of the road! What more do they need! The guy that hit me has now invented a witness in the form of a taxi driver, probably a cousin of his as there certainly was no taxi driver there! The police were there and they took no witness details! I told the guy at this claims place that there was not a witness & he said 'oh, well if his story is in any way different to the almost identical ones that me & his client have said, he will not use him! I am still waiting on a courtesy car as the garage who have taken my car did not have one when they recovered my car on Monday. Fingers crossed they will get one back today. Sorry for going on but I just need advice! I don't feel confident in just leaving my insurers to make their mind up. This whole thing is a nightmare Its making me feel like I never want to drive again

  6. #6
    Join Date
    Dec 2008
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    42

    Default Accident

    Hey hun dont let it knock your confidence ,accidents happen at least no one is badly hurt and the car can be repaired. The one thing i noticed was that you moved out "when you were flashed" technically you should not move out until youthink it is clear and safe to do so .But clearly the other guy was in the wrong because in my eyes that's "due care and attention" actually lack of it !!
    It may just be worthwhile asking the police if they have any details of the "taxi" driver witness from the scene , hope you sort it .

    Kev

  7. #7
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    The fact that it was not your fault will be verified when you ask your insurance company if this will cause an increase in your premium, when its time for renewal.

    If they say it will, then they went "knock for knock" which means your insurance company is paying for your cars repair. If they say it wont cause an increase, get it in writing
    Cheers, Smudger.

  8. #8
    Join Date
    Aug 2009
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    2

    Default car accident whose fault

    hi i hadan accident two weeks ago and am arguing with insurance as to who is to blame.
    i stopped at a t junction with intentions to get sort of straight across. there was parke vehicles blocking my view left and right so i edged out a little stopped again looked right left and as i looked right again i car frm the right hit my vehicle. i was told by the police car was comin fromthe other diretion and also tis car ws overakin parked vehicles and he should of been going slower as just before my turning on his left was a turning on his right. but m bonnet was sticking out but my wheels behind the white lines. who is to blame i am stationary he is speeding not wearing a seat belt. an retired taxi driver claimin traders insrance with tradex

  9. #9
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    Default

    Kgrainger77: Sorry, but I have only negative experience of this. I witnessed a similar incident some years ago, and the insurance company found for the moving vehicle. The vehicle pulling out had stopped, and there was room for the moving vehicle to pass, yet the drivere of the moving vehicle stated that the vehicle pulling out was moving at the time of the collision.

  10. #10
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    Default

    Aye! and that wouldn't be the first time that a driver has lied to their insurance company in order to put the blame onto someone else, its just a sad fact of life!

    As for the other bloke not wearing a seat belt or speeding, that would need to be proved I'm afraid?

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