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Car accident not my fault - what can I do?
In July I had driven approx 180 metres from our drive along a narrow country lane and had just started up a hill when I was struck by a Land Rover Defender coming down the hill. I could not avoid the Defender, due to the narrowness of the road, but had stopped when it hit me. His skid marks were over 12 metres long and he caused sufficient damage to my Discovery (Series 2) to write it off. We had had the Discovery for 14 years and had taken good care of it - no damage or accidents and only 64,000 miles on the clock.
The other driver got out and said "Awfully sorry, I couldn't stop". From that I assumed he was accepting responsibility due to his speed and inability to stop. Visibility on this hill is poor due to a slight bend and made worse in the summer by vegetation. The driver of the Defender is a local farmer and is familiar with the roads. He commented that Defenders are difficult to stop due to lack of ABS. I later learnt that he told his insurance company it was knock for knock. I took photographs of the skid marks, incorporating a tape measure to give the scale, and sent this to our insurance company. Our insurance company is now, late November, saying that if it went to court it would be his word against mine so would probably end up as knock for knock. I feel this is totally wrong and they should fight it. Any suggestions/comments/advice?
The other driver got out and said "Awfully sorry, I couldn't stop". From that I assumed he was accepting responsibility due to his speed and inability to stop. Visibility on this hill is poor due to a slight bend and made worse in the summer by vegetation. The driver of the Defender is a local farmer and is familiar with the roads. He commented that Defenders are difficult to stop due to lack of ABS. I later learnt that he told his insurance company it was knock for knock. I took photographs of the skid marks, incorporating a tape measure to give the scale, and sent this to our insurance company. Our insurance company is now, late November, saying that if it went to court it would be his word against mine so would probably end up as knock for knock. I feel this is totally wrong and they should fight it. Any suggestions/comments/advice?
Asked on 29 November 2015 by Everhopeful1
Answered by
Honest John
Yes. If you have the evidence in the form of photographs of his skid marks and all the measurements of the incident, then tell your insurer that if it is not prepared to take the matter to the Small Claims track of the County Court, you will. Insurers try to avoid taking matters to court because it costs them too much time and money so they prefer to settle among themselves and feed their policyholders misinformation such as has been fed to you.
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