An oncoming car hit mine whilst overtaking parked cars. Who is at fault?

I was recently hit by an oncoming vehicle who was overtaking several parked cars on her side of the road. She was considerably over the centre of the road, onto my side. The road is a single carriageway but is wide enough for three average size vehicles to safely pass each other. I was as close to the curb on my left as I could go with hitting it. She is claiming that I am partly to fault, although I don't know what her reasons are. Who is at fault?

Asked on 6 September 2010 by sandra_123

Answered by Lucy
I don't believe you are at fault in this case but insurers will sometimes fight the case. Generally speaking, if the obstruction is on her side she is supposed to stop if there is any doubt as to the amount of room available. My accident team can help you out with this in presenting your case to their insurers and will deal with everything on your behalf if you wish. There is no charge for the service. I will need a telephone number to put you in touch with them.
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