I'll try to keep this brief but would really like some advice.
Last Monday my wife was driving home at 9:20 pm having collected my 11 year old son from Scouts. She makes this journey several times a week and is entirely familiar with the roads and junctions. It was a dark but clear night and the roads were wet due to recent rain. Her route takes her through a country lane, left onto a B road through the village for about 150 yd and then right into our street just before the B road narrows to single lane.
She reached the left turn and seeing no vehicles approaching from either direction turned left onto the B road. She then drove the 150 yd or so towards the junction with our Street. As she approached the junction she indicated right, braked slightly (due to the short distance her speed was already low) and moved to the crown of the road. Just as she began her turn to the right, travelling at 4 or 5 mph, her car was struck a powerful glancing blow in the area of the front off-side wheel by another vehicle.
She briefly lost control of the vehicle before managing to steer right again, coming to rest against a grass island. The volume of the collision was so loud that the occupants of the surrounding houses rushed out to assist and 2 doctors in the village were summoned to the scene.
My son and wife were taken to a neighbour’s house and I dealt with the aftermath of the collision (we live about 300 m away). I took photographs of the damage to both cars. I also photographed the area during daylight.
The driver of the other vehicle and his wife claimed that my wife was on the left of the road indicating left. This doesn't make sense for a right turn which she performs many times a week; if this was the case they would have missed her completely or she would have had to turn the car sharply to enter our street and they would have struck her car at a greater angle. This is not consistent with the damage to either of the vehicles.
I wonder if he was travelling very fast (as there was no sign of him or his headlights when she turned left out of the country lane) and, perhaps, he saw her indicator on just afterwards and then failed to observe her because he was focused on overtaking?
He also said that he was uncertain as to my intentions as they drove up behind my wife’s car yet he attempted to overtake her:
at speed in a 30mph limit in the dark on a wet road at a junction
He also states that my wife’s left indicator was on after the collision, but frankly the controls were all over the place; wipers etc.
He is denying all liability and our insurance company (Hastings Direct) are muttering already about having to split blame and costs. I suspect that this is because its easier for them.
My feeling is that he is entirely to blame and we should pursue this through the courts if the insurance company won't. I didn’t call the police as no-one was, as far as we know, hurt – now I wish I had – though I reported the accident the following morning. Your advice would be much appreciated.
Help!
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