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Thread: Fighting Accident Liability

  1. #1
    Join Date
    Mar 2018
    Posts
    2

    Default Fighting Accident Liability

    Travelling in heavy snow the car in front lost control travelling up hill, she hit the breaks causing her to spin 180 degrees and in the process of the spin she slid back down the hill. I wasn't quite stopped and the front of my car and the front of her car collided, since she was facing the wrong way down the road. My insurance company is treating this as a rear end collision and saying it was my fault, on the premise that the car behind is always at fault. There is no way I can prove I had left plenty of room, which I most certainly did, she travelled back down the road as she span, even if I had stopped I think she would have still hit me. It's obvious I didn't rear end her as it's the front of the cars that are damaged. I could even understand if they said 50/50 although I would be cheesed off but they are placing the fault entirely on me?!

  2. #2
    Join Date
    Apr 2009
    Posts
    7,455

    Default

    Try writing a report with before and after diagrams, include any photographs if you have any.

    Try not to speculate, E.g. they were going too fast, not concentrating etc. but do make the point they came down the hill (presumably on the wrong side of the road), and hit you.

    It may help to get them on their toes to ask who you can appeal to if they still say it's your fault.
    The answer is the FSA but let them tell you this.

    Send this to your insurers claims department, it will help you to keep a copy for yourself.

    If you have Legal cover you could try using that. If you do have legal cover you do not have to ask your insurers to use it.

  3. #3
    Join Date
    Apr 2007
    Posts
    11,784

    Default

    In its simplest form, "How can a car coming downhill on the wrong side of the road and its front end colliding with your car, even if you 'hadn't quite stopped' possibly be interpreted as a rear end collision and place you as being at fault???"

    First of all, let us discard your 'not quite stopped' situation. The car sliding downhill was on an icy road, AND SO WAS YOUR CAR. Which means that you may have probably braked well in advance but the icy conditions nullified your braking efficiency.
    In addition, the offending car travelling towards you completely decimates any assumptions concerning at what distance you were following said offending car. However, the fact that she managed to hit her brakes, spin 180 degrees and then travel back down the hill before the collision tells me that you must have been well back from her at the time her problems began.

    Finally, had the "very unusual" performance of this car not have occurred, you would not have been confronted by a car coming at you on the wrong side of the road, and the incident would not have happened.

    Your insurers are idiots - follow wagolynn's advice and challenge your insurer, AND keep copies of all correspondence.

  4. #4
    Join Date
    Mar 2018
    Posts
    2

    Default

    well this just gets more bizarre, the person who span their car into me hasn't contacted their insurer at all, she has emailed my insurer directly to ask what the claims policy is?? - I can only assume from this that she is assuming I am at fault. My insurance company ignored her email but then haven't done anything else. They have said they won't contact her insurance company because they don't invite claims against themselves and they've advised me not to contact her to get her to contact her insurance company so this leaves me in complete limbo! I've explained the circumstances to their liability team who agree it sounds like a 'no fault' claim but they still won't contact her insurance company in case she then claims against me. I've never had to make a claim ever in over 20 years of driving but surely my insurance company should be protecting me and if she hasn't contacted her insurance company they should be putting in a claim for me against her, then we can fight liability if its an issue.

  5. #5
    Join Date
    Apr 2007
    Posts
    11,784

    Default

    Spell out to your insurance company the situation as I outlined in my previous post, then ask them to explain in detail just how they arrived at the assumption that you are to blame. Also, in view of their bizarre conclusions, ask them to explain exactly why you should not talk to the other party and/or her own insurers. Since your insurer is trying to level all the blame on you, what have you got to lose by contacting the other side? In addition, ask them to give you details of how to get in touch with the Ombudsman - it might prompt them to take a little more interest.

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