car accident

  • jonny01's Avatar
    I was driving down a one way street in my favour in snow and ice there was a car approaching me the wrong way I broke and my car slipped on the ice he pulled to one side and I hit his front drivers wing with my front drivers wing. Who's to blame?
  • 8 Replies

  • Dennis W's Avatar
    If he was going the WRONG way down a One Way road then one would expect the other car to be 100% at fault.
  • Santa's Avatar
    I don't agree with Dennis. Two wrongs don't make a right. However I think that the other driver is mostly to blame and I would be claiming that he was 100% to blame. Just don't be too surprised if the insurance companies decide that you both had some level of fault.
  • Dennis W's Avatar
    I don't agree with Dennis. Two wrongs don't make a right. However I think that the other driver is mostly to blame and I would be claiming that he was 100% to blame. Just don't be too surprised if the insurance companies decide that you both had some level of fault.

    I cannot see were you get the "TWO" wrongs from. And that would not be a relevant consideration for considering a Road Traffic Accident.
  • jonny01's Avatar
    Thanks for reply. I no it sounds easy he has gone the wrong way up a one way street it should be 100% his fault but he said to me that he went up the one way because he couldn't get up the next road . This is where it gets tricky because he has told his insurance company that his car was parked up and not running he's clearly lying I don't know if this is a get out clause
  • smudger's Avatar
    The fact that you "slid on the ice" might make a difference to your claim! as insurance companies are always looking for a "way out" of paying out.So they might say that you were driving too fast, to meet the conditions, I hope they don't, good luck.
  • Dennis W's Avatar
    Thanks for reply. I no it sounds easy he has gone the wrong way up a one way street it should be 100% his fault but he said to me that he went up the one way because he couldn't get up the next road . This is where it gets tricky because he has told his insurance company that his car was parked up and not running he's clearly lying I don't know if this is a get out clause
    Report the accident to the Police and the fact that the other vehicle was going the wrong direction in a one way street.
  • Snowball's Avatar
    If you braked immediately you saw the vehicle coming the wrong way, then it would seem to follow that it was the icy road which prevented your braking from being properly effective, and your two cars colliding.
    I think your argument is that (a) you could not be expecting a vehicle to come towards you from the wrong direction in a one-way street, and therefore (b) it was entirely that third party's fault that the collision occurred. You cannot be held responsible for the presence of ice on the road. The third party might make the same claim, but he is 100% to blame in being the driver who changed an otherwise safe situation into one resulting in an RTC. And you can claim that you were driving in a safe situation until the third party arrived on the scene, because there is no evidence to support the third party that you were not driving safely. For the third party to claim otherwise, he would have to offer proof of an alternative obstacle that you would almost certainly have collided with. And, of course that would only be conjecture on his part - and certainly not acceptable as a defence.
    Go on, press your insurers for 100% blame against the third party.
  • Dennis W's Avatar
    I was driving down a one way street in my favour in snow and ice there was a car approaching me the wrong way I broke and my car slipped on the ice he pulled to one side and I hit his front drivers wing with my front drivers wing. Who's to blame?

    How wide was the one way street? and how fast was the other vehicle travelling?