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Ford Fiesta - Trafffic accident - how can I get just outcome? - Collins63

Hi All. First post here, but a long-time reader – thanks for all the great insight.

A sad reason for this post – driving home last night, I was involved in quite a serious accident. I was driving on a West Country lane - around the outside of a curve. My view ahead of my lane was clear, but my view of the oncoming lane was obscured by a hedge and the tightness off the bend (perhaps 40 degrees). Out of nowhere an oncoming car travelling at high speed struck my drivers-side wing with his front drivers side corner. I had no time to see him and react, so could not brake. The first I knew was the airbag in my face and my car juddering to a halt, as it spun to the side of the road.

Whilst the road doesn’t have a white dividing line, it’s plenty wide enough for 2 cars – or even larger vehicles. The cause of the accident was the other driver being in the middle of the road, rather than the inside of the corner – and travelling at very high speed.

I’m fortunate to have escaped hopefully without any long-term injuries, but I suspect the car will be written off – and I really don’t want to be penalised for someone else’s recklessness. The other driver seemed dazed and has not (as far as I know) admitted liability – he was very sheepish about the whole thing. We both tested negative for alcohol and are licensed, taxed and insured.

I took lots of photos and video of the scene – and hope an expert could establish from the resting places of the vehicles that the other driver was in the wrong place (even having been knocked back and spun, the front of his car was still in the middle of the road). What would you recommend? Should I write to the other party (if my insurer agrees to this) to say that I’ve got photos and video and will use these to prosecute unless he accepts liability?

All feedback very welcome.

Thanks all – and watch out for the crazy drivers out there...

Ford Fiesta - Trafffic accident - how can I get just outcome? - Falkirk Bairn

>>Should I write to the other party (if my insurer agrees to this) to say that I’ve got photos >>and video and will use these to prosecute unless he accepts liability?

You can sue for damages thru' the civil courts - you cannot prosecute!

You are jumping the gun, you need to get the claim in and let the insurers talk, if you have legal expenses ins this may come into play soon but the 3rd party might own up and pay up !!

Ford Fiesta - Trafffic accident - how can I get just outcome? - Collins63
Thanks for your response. I've informed insurance company - who are going to fight for the right outcome. I'm concerned though that the other party will lie to their insurers and say they weren't in the wrong - and push for a 50-50 settlement. So I'm keen to bring the evidence I collected (and anything else) to bear to ensure that the right, fair, outcome is reached (as you well put it) - the other party owns up and pays up!

Further advice in this direction very gratefully received.
Ford Fiesta - Trafffic accident - how can I get just outcome? - WellKnownSid

Been there, and bought the T-shirt. Country lane, their word against mine, spent almost a year fighting my corner.

I took pictures, took measurements, and even used the other party's description of events against them (laws of physics, stopping distances vs where we both agreed we had stopped, etc).

The other party produced their star witness, "a solicitor", which basically meant that their version of events was taken over mine.

So, I got hold of the witness statements, which included those of the solicitor which were faxed in. I traced the fax number and found the firm of solicitors where she worked. I then made an appointment with the firm to discuss a road traffic accident that I needed help with.

Long story short, it turned out that the solicitor was just a secretary at the firm, and after further embarrassment it transpired that the secretary was (a) best mates with the other driver and (b) had not witnessed the accident at all.

Shortly after that, the wheels came off the whole thing and I got my supposedly protected no claims bonus returned in the form of a cheque (another story).

Good luck, but don't expect any of this to come from your insurer or legal assistance. No-one is going to leave the comfort of their call centre to chase up your claim, so be prepared to put the legwork in yourself.

Ford Fiesta - Trafffic accident - how can I get just outcome? - Dwight Van Driver

Vehicles that use country roads collect a fair amount of muck etc under their wings.

The front offside of one car hitting the front offside of an oncoming car with some force will dislodge this muck on the road.

Do your photos show a patch of fresh muck which could deterime the point of impact.?

I would consider leaving the matter to your Insurance Co at this stage. I would retain the original photos etc and let you Insurance Company have copies. After they have made their deliberation then it will be time to consider any civil action

dvd

Ford Fiesta - Trafffic accident - how can I get just outcome? - LucyBC
You don't want your insurer to "fight" for you on this. Head on collision on a country road means the chances are they will settle 50:50 and get their money back by bumping up your premiums.

I have a free liability dispute service at www.autosure.eu which any Honest John reader can use. It means you get expert accident investigators on your side to fight your case and they work entirely for you and not your insurer.

In your particular case the photographs and video you took will assist greatly. Please contact me (quoting Honest John) for more information.
lucy.bonhamcarter@autolaw.co.uk