Hi all
Just before I Christmas holidays I was involved in an accident. It was clearly the other parties fault and I made the mistake of not getting any witnesses (plus I was also a bit shaken up).
I was the first car in the middle lane(3 lanes total) to go straight on a red traffic light. There was a car to my left and a lorry in the right hand lane, waiting to turn right. As the lights turned green and I was about to move off, the lorry hit the front right corner of my car (scraped past - damaged wing and light scratch on door). I horned and he then stopped. My car was stationary at all time. We got out and the lorry is clearly in my lane (around a foot and half). Both my car and the Lorry after the impact are still behind the line for the traffic lights. My wing mirror is folded fully outwards.
I'm pretty sure he won't accept liability. When I logged the claim with my insurance company, they said that the highway code is on the side of lorries and this would probably come to split liability. I don't think the insurance company will make any effort and accept 50/50 liability.
I have mentioned and sent pictures of the outward folded wing mirror which they referred to as "tenuous". How can that be tenuous? If I had drove into him, the mirror would have closed (folded inwards). I have sent them pictures of another lorry at the same junction, which show that a lorry can fit within that lane. I have sent picture showing he had space to his right and had no need to come into my lane.
Basically, he went wide to take the right turn.
Is there anything I can do if insurance suggest 50/50 split.
Would I still lose my no claims discount if I didn't claim, but he does?
Thanks for your help in advance.
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