hi all, i would just like to get some opinions on a crash i had last night.
I was driving my girlfriends car... a car she has only had for 2 weeks we are both fully comp on her policy. i have a seperate policy on my car. we pulled up to a 4 junction mini roundabout and i looked right and slowed down to about 5/10mph. it was clear so i proceded over the roundabout as i got 3/4 of the way over a car came plowing down from the left didnt give way to her right and went into the passenger side of my gf's car.
a witness initially said i wasnt to blame and it was the other womans fault for not giving way to the right. but when her big 'fella' came out of the pub next door and spoke to him he decided he had changed his mind and didnt see the accident. the police didnt turn up for 30 mins. i asked if her kids were ok ( she had about 4 children in the car which immediatlely were shepperded off to the pub ). she admitted fault but when the police took statement she said i had admitted fault and that i was speeding?!? police said it was insurance job and i couldnt believe what i was hearing. police gave me a full name, address, ins and personal check and didnt even run her through the computer.
we are both 20 and have been driving carefully for 2 and 3 years respectively and i feel we may lose our no claims over this. i dont think it is fair that because i am a young driver people assume i was speeding.
she was driving a brand new scenic which was a mobility car.
hope i have explained it properly.
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Instruct your solicitor to deal with the claim, and let him/her and your insurance company sort it. That's what you pay them a comprehensive premium for.
When you submit details of the accident, include the fact that the other driver initially admitted liability and that you believe her partner intimidated the witness. Have you also brought this last fact to the attention of the police? And do you have a name and address for the witness?
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I think it is her fault, give way to traffic from the right or who are already on the roundabout. She did neither, but as she hit your side, she can't show she was already on the roundabout when you hit her. Do you have legal protection?
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Hint: it's always a good idea to look all around when you drive, to see what might be happening in directions other than from where you expect.
It seems from your account that there are no available witnesses, so you fall back on evidence.
The evidence in this case, the crash damage, seems to show that you were already on the roundabout, when another driver collided with the side of your car.
So, take pictures of the roundabout, and the approaches to it - from the perspective of your actions, and those of the other person (e.g. the approaches and general views), and add to those a map, or better aerial photograph (use the "satellite" option of maps.google.co.uk), and send those in to your insurer with a truthful account of what happened, and your insistence that you were not at fault, and rightful indignation that you were crashed into by this person, and see what happens.
If you are ever a witness to a crash, just give your contact details to the parties concerned. I do not think it helpful to give them your opinion - they'll get you to "take sides" or pull you into an argument if you can.
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The crash damage will show up who was at fault, so document it well and make it clear that the damage was caused by the other vehicle hitting yours and not the other way around. That way it's clear that you were already on the roundabout and the other driver didn't give way.
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Baffled by the advise to go to a solicitor - what are they going to do?
I'd go to an accident management company, give them the details and let them sort it out. Alternatively just let your insurance company sort it out - that's what they're there for.
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Carl, you say: we pulled up to a 4 junction mini roundabout
If you and your girlfriend were in her car you have a witness to what happened. Make that clear to the insurance company and that your girlfriend wants to claim on the Scenic policy.
Were all the kids in the Scenic safely belted in? Had the woman come from the pub?
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.............police said it was insurance job and i couldnt believe what i was hearing. .............
If there is no personal injury I think it is up to the police as to whether they get involved or not. Certainly if there is no personal injury there is no legal requirement for you to report an accident to the police.
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The accident damage is 100% of the evidence needed, assuming the other party agrees you were on the roundabout. She can't have caused the damage to you without giving way.
Put in the claim, and wait for the result. Move on....
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yes i was hoping the damage would prove what i am saying. that she didnt give way. the roundabout in question is the one on the junctions between racecourse road and st johns road chesterfield if anyone is interested in looking on google maps. we approached from the bottom right junction she came from bottom left. we had damage to passenger front side and she had damage to driver side front and the very front of her car.
Edited by carl24488 on 21/04/2008 at 13:53
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The 'you were speeding' claim is typical of someone who just didn't expect to see another car.
From your account it looks clear cut - she didn't obey the 'Give'Way' markings.
The accident damage probably backs up your account - you could 'phone up one of the claims-chasing companies, such as HelpHire, and see if they will take your case on.
Alternatively, you could instruct your (fiance's) insurance company that you will not accept any blame, but will you still get a courtesy car while yours is repaired ?
Good Luck in getting a quick resolution completely in your favour.
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I know that junction, it used to be a crossroads didnt it, but its been a mini roundabout for 3-4 years I think?
If you were on the roundabout, you had right-of-way, Scenic woman was 100% at fault by the sound of it..
Good luck.
There are a few mini roundabouts near us where people approach them hoping they are not going to have to stop, and then they look really upset if they have to slam the brakes on. I've had one or two near misses where other people have decided to ignore the Give Way sign..
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i have taken photos of the car and the scene, including one of the car in situe at the scene. i just hope that her insurance company sees it as her fault and admits liability. if not, will it drag on to court and so on?
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Highly unlikely this will even get near a solicitor's letter, let alone court. Relax.
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I too imagine insurance companies will quickly see what's what from the crash damage and the place where it happened.
Am I alone though in finding it depressing that there is nothing surprising in the culprit changing her story, a witness being slightly intimidated and every effort being made to obscure the truth of a very simple and banal event? Not everyone is like that of course, but so many are that it is beyond a joke. No wonder simple-minded and neurotic religious foreigners want to kill us all. We must look utter carp to them, if we do to me.
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i agree that some people are born to lie and worm their way out of things. the woman in question had a mobility car and said she didnt even pay her own insurance as the taxpayer pays it. so it doesnt even matter to her if she admits liability, so why bother trying to con an innocent couple into taking the blame for her negligance?
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Doesn't want to admit she is wrong I guess, not to sterotype motabillity drivers but the mother-in-law is one and this is exactly the kind of thing she would do. She is a terrible driver too, not stopping for red lights etc. She can never ever be in the wrong though.
You have my sympathies if this woman is anything like my mother-in-law.
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Most of the time, insurance companies go by facts and not by context!
If the car in your backs and bumps your front bumper, you'll be held responsible unless you have a strong witness or could prove otherwise.
From your description, most likely other party will be held responsible any way, so it doesn't matter if she admits liability or not.
Insurers strongly advise their members never to accept liability without contacting them first.
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No lets not stereotype Motability drivers !
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Lud said: No wonder simple-minded and neurotic religious foreigners want to kill us all. We must look utter carp to them, if we do to me.
I don't think we should stereotype Islamic terrorists, either. I'm just off to see what the Koran says about admitting liability in the event of an incident at a roundabout and will get back to everyone asap.
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LOL, very good point too Optimist.
I am not suggesting for a single moment that the populations of Muslim, Hindu or animist countries are necessarily more honourable than us in give and take traffic situations. Far from it indeed.
The key words were 'simple-minded and neurotic'. But perhaps this discussion shouldn't be pursued too far.
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Do you know, I think you're right.
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update - well so far ins company are going through the usual stuff. they are contacting the womans insurance to try and get liability now as they feel its a pretty obvious case already. although i should imagine its going to take weeks for them to check damage and send forms to and from. and i am sure she will come up with some story, all her family lived around the corner and came out to have a go. 'he must have been speeding to knock you into that bollard'. 'nothing you could have done dear when there is young idiots like that on the road' lol
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Part of the standard driver's pack issues with our company vehicle is a disposable flash camera - very useful for situations like this, although photos from your mobile could be downloaded to your insurers too!
Always, if possible, take photos immediately, or as soon as possible, after a collision - especially if you think you were in the right! Very useful to back up your evidence.
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