Car accident that wasn't my fault

  • Charli3's Avatar
    Hi , wondering if anyone has any advice or can answer my questions.
    I am 17 and passed my driving test 2 weeks ago , I'm fully insured. I was just about to drive out of a toyshop car park last week barely going 5mph when a car out of no where crashed into the front of my car on the drivers side, in the car I had my mum and two little sisters. Immediately I got out of the car and took pictures , also rung the police who said they cannot do anything as no one is seriously injured. At the time the boy admitted fault and passed over all his details , even asked if it was possible to pay me outright for the car and damage . However now having spoke to his insurance is now not admitting fault and has tried claiming I was the one who crashed into him , when that's clearly not possible due to the damage of both my car and his as well as the photos that I have taken. We are claiming damage to the car as well as injury as my mum suffers from spinal problems and since has been in agony with her back ,neck and legs which we have been to the hospital for as well as myself having sore ribs, back pain and leg injury .An investigation is currently going through the insurance however the solicitors who are working on our behalf have sent us a letter describing their policy and what is likely to happen but within the letter they are stating that i may have to make payments called 'disbursements' this includes paying for medical reports which could cost up to £1,000 aswell as GP reports and police reports can we claim this back or will we have to pay these fees as we simply cannot afford to pay them.
  • 5 Replies

  • Santa's Avatar
    Please bear in mind that I only know what you have written above.

    If you pull out into traffic and someone collides with you, it may well be considered to be your fault. You say he "came out of nowhere" but I take that to mean that you simply didn't see him. If he can be proved to have been speeding that makes a difference, but I am pretty sure that he will claim that he was driving along, well under the limit and in full control of his car, when you pulled out right in front of him.

    As far as disbursements go, I am a little puzzled. I can only guess that the solicitor is warning you that if you lose the case, you will be liable for these payments. You really need to discuss with them what is involved and the chances of recovering costs.

    Regardless of blame, your mother has a claim for her injury. This is likely to take some time, years possibly, while they investigate the collision (they want to be sure it wasn't staged) and until there is a good prognosis for your mother.
  • Dennis W's Avatar
    The letter from the solicitors sounds as though they are an "accident management company" Have you made an appointment to see them?

    Beware of Accident management companies, is my advice. Shop around for good solicitors.
  • Dennis W's Avatar
    It MAY be your fault, I regret to say.
  • dacouch's Avatar
    Please bear in mind that I only know what you have written above.

    If you pull out into traffic and someone collides with you, it may well be considered to be your fault. You say he "came out of nowhere" but I take that to mean that you simply didn't see him. If he can be proved to have been speeding that makes a difference, but I am pretty sure that he will claim that he was driving along, well under the limit and in full control of his car, when you pulled out right in front of him.

    As far as disbursements go, I am a little puzzled. I can only guess that the solicitor is warning you that if you lose the case, you will be liable for these payments. You really need to discuss with them what is involved and the chances of recovering costs.

    Regardless of blame, your mother has a claim for her injury. This is likely to take some time, years possibly, while they investigate the collision (they want to be sure it wasn't staged) and until there is a good prognosis for your mother.

    If the OP had pulled out from a side road and even if you could prove the other driver was speeding it would make very little difference to the claim. It may make a small amount of contributory negligence to the claim eg the other driver loses circa 10% of their losses unless of course they were driving at a really dangerous speed which may make a larger contributory negligence factor although I suspect at the speeds required for this to happen the OP and all the passengers would have been hospitalised
  • Santa's Avatar
    This is two months old now - a pity the OP did not let us know the outcome.

    I have reported the advertisement above