Third party not accepting liability?!

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Sun 26 Feb 2017 19:33
Third party not accepting liability?! - Sophia90

Hello,

I'm a bit baffled with why the other party are denying responsibility for the accident I was in..can anyone give me any advice please on what to do next?? I am baffled!!

I was driving along a 30mph road when a car pulled out on me at a give way and hit the whole front of my car, witnesses and photos were taken. It was quite a bad crash for my car, it was nearly a write off as air bags were deployed, but minor damage to the third party vehicle. At the time the driver of the car didn't say much to me, although the witnesses said to me that yes he was at fault for pulling out and they said they would vouch for me.

Now I have recieved a letter saying that one of the witnesses said I was indicating to turn left into the side road, changed my mind and carried on which wasn't true. That's the first time anyone has ever said to me I was indicating!! I believe that something has changed this witnesses mind, because at the time they was completely sticking up for me.

I always thought that he would be at fault as I was on the major road, and he pulled out on me and hit my vehicle. Also on the witness statement their diagram shows my car diagonal in the road, which photos prove that my vehicle was straight facing!!

I will not be accepting any responisbility as I believe this wasn't my fault! Now I don't know what to do?!

Thank you!

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Sun 26 Feb 2017 20:18
Third party not accepting liability?! - FP

A number of things are not clear here.

"... I have recieved a letter saying that one of the witnesses said I was indicating to turn left into the side road..."

A letter which said one of the witnesses said... Confusing. Who is the letter from? If from the driver who pulled out, ignore it; the other driver has an agenda. He may or may not have a witness who is prepared to lie. He probably wants you to believe he can evade responsibility.

What do your witnesses say? ("...the witnesses said to me that yes he was at fault for pulling out and they said they would vouch for me.") You have their details and can contact them, yes?

"... on the witness statement their diagram shows my car diagonal in the road, which photos prove that my vehicle was straight facing!!" Does this mean you already have in your possession a statement/diagram from someone? Or is this the possible phoney letter you have received?

"...can anyone give me any advice please on what to do next?? I am baffled!!"

Just do what you would do anyway - report the incident to your insurer. That's what insurers are there for. You may need to fight for your excess, though, and your witnesses will help.

Edited by FP on 26/02/2017 at 20:19

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Sun 26 Feb 2017 21:45
Third party not accepting liability?! - csgmart

The fact that he pulled out into the path of your car is proof enough that he is in the wrong.

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Sun 26 Feb 2017 22:24
Third party not accepting liability?! - SLO76
It's common practice within the insurance industry to instruct customers to deny liability in the hope that you won't defend your claim or that your insurer will accept a reduced bump for bump claim.

Stick to your story and the truth will out. In my opinion it's irrelevant for them to claim you were indicating incorrectly anyway as it was his responsibility to make sure it was safe to pull out into the main carageway. If someone is lying and you are willing to go to court to fight your case then they'll have to be prepared to lie infront of a judge which will usually see claims withdrawn beforehand.

Don't allow your own insurer to accept a bump for bump deal. They often do this rather than get into litigation but it'll Hoover your NCB and excess along with the other drivers. Instruct them that you will not accept such an outcome and will fight it all the way. This is where legal cover comes in if you have it.
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Mon 27 Feb 2017 12:35
Third party not accepting liability?! - scot22

I agree with two previous posts. It was the other driver's responsibility to make sure it was safe for him to pull out. It seems he was not driving with sufficient care to be able to stop even if you had signalled incorrectly ( which you hadn't ). There are obvious signs when a driver is going to turn - apart from indicators.

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Mon 27 Feb 2017 13:21
Third party not accepting liability?! - Miniman777

This is a common tactic in such circumstances. You need to establish who the other witnesses are, their address and where they were standing and which way they were facing. I'd wager the 'witness' knows the driver or is a friend of a friend, proving it is not so easy.

Even if you had have been signalling, only a fool would pull out - your indicator may have stuck for example. In a side road, you should always wait to see what the other driver does.

He'd stopped at a "Give Way" he didnt give way. Guilty.

Your problem is you've a wrecked car which you probably need for work etc, they know that, they turn the tables and it puts pressure on you to accept blame. Stick to your guns, you were on the major road.

Highway code rule 170:

  • Not assume, when waiting at a junction, that a vehicle coming from the right and signalling left will actually turn. Wait and make sure

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