Hit by stolen car, found at fault, please help

Options
Hi everyone,

I was in a car accident with a stolen BMW which I have been found to be at fault by my insurance company. I would like advice on how to overturn the decision. I have tried my best to present the information of the incident as succinctly and clearly as possible.

- I came out from a minor road into a major road (indicating right, alone in my car), because the BMW (on my right, nearest lane) was far away enough for me to do so.
- I came out halfway and stopped and observed my left and waited for it clear so that I could go
- Just as the last car on my left passed, I was hit by the BMW, while I was still stationary
- the five occupants of the BMW came out of their vehicle and discarded onto the ground a large quantity of used nitrous oxide cannisters (also known as Cream Chargers, Hippy Crack, and Laughing Gas). The BMW interior was also littered with these used cannisters. These are used to get high (illegally)
- I was physically attacked by the driver of the BMW (once we were both out of our vehicles after the collision), the attack was stopped by passing members of the public
- I called the police, but they refused to attend as it was a car accident with no serious injuries and needed to be dealt with between the two parties involved, this was despite me telling them about the used cannister and attack (I did not know the car was stolen at this point)
- The five occupants of the BMW fled the scene, abandoning their vehicle
- I called the police a second time, and insisted they attend, as one or two of the BMW occupants kept returning and I did not feel safe (one of them returned to recover something from the boot of their vehicle before fleeing again)
- The police arrived around 30 minutes after the collision and took statements, there was one witness but I am not confident how reliable he is as he was a homeless man, I told the police about the used nitrous oxide cannisters and physical attack (the cannisters were there for the police to see anyway)

So my insurance company is finding me at fault on the basis that I came out from a minor road into a major road and the BMW had right of way. This is despite me being stationary when I was hit (my insurance company says I cannot prove this), the BMW being stolen with joyriders inside, and the used nitrous oxide cannisters (an illegal high) inside the BMW. A couple of things to note: 1.) my maneuver was not illegal and it is routinely done everyday on the roads and it was absolutely safe for me to begin the maneuver as the BMW was so far away on my right
2.) the BMW does have insurance, but clearly the owner wasn't at the wheel on the night of the collision as it was reported stolen. It did not have MOT however (I learned this later after an online check). I cannot see my version of events being disputed by the other side as clearly they are in hiding from the police and are untraceable. The only people disputing my version of events is my insurance company.

I have tried my best to present all the relevant information, but I may have missed something.

Please help with any advice, I will be very grateful. I only have Third Party Fire and Theft cover, and will not get anything from my insurance company unless I can overturn the decision for fault.

This seems really unfair that I get hit by joyriders getting high in a stolen car, and yet I am found to be at fault and receive nothing. The BMW driver most likely didn't even have a driving license. I struggle for money and suffer from depression, and my car meant a lot to me. It was one of the only things I had that bought me joy (it's been written off).

The other party has not made a claim against my insurers.

Thank you.
«134567

Comments

  • paddyandstumpy
    Options
    So to clarify, you were pulling out of a minor road onto a major road, seeing there were cars in the distance, and you stopped in their path expecting them to stop?

    Sorry if I’ve misinterpreted what you’ve said if that’s not right!
  • billyghom
    Options
    Yes, but please remember the BMW was very far away, I mean very far away, and that this manoeuvre is not illegal and is routinely done on the roads everyday and in driving lessons.

    Thank you.
  • billyghom
    Options
    Also there were no other cars coming (behind the BMW), this was late at night.
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 11 January 2018 at 12:38PM
    Options
    These points you feel are material are irrelevant to establishing you are not to blame: joyriders/canisters/driving licence/no mot/stolen/physical attack/


    Your main problem is seemingly no witness. (And why are you arguing with your insurer if you don't have any cover for damage to your own car? Ask them how long they will keep the claim open for the other side to make any claim before restoring your NCD if it is unprotected)


    But do see if the police have got anywhere in identifying the driver who attacked you - (though it's irrelevant to your claim you were not to blame).
  • billyghom
    Options
    Thank you.

    Yes, that is what my insurance company told me. But I think individually, yes, they are irrelevant, but adding them all up, because there is so many, they become impossible to ignore. Although I appreciate convincing the insurance company of that is a different matter.

    Thanks.
  • BoGoF
    BoGoF Posts: 7,099 Forumite
    Name Dropper First Anniversary First Post
    Options
    billyghom wrote: »
    Yes, but please remember the BMW was very far away, I mean very far away, and that this manoeuvre is not illegal and is routinely done on the roads everyday and in driving lessons.

    Thank you.

    Really......driving instructors teach learners to sit in the middle of the road when turning right if nothing coming from the right?
  • marlot
    marlot Posts: 4,934 Forumite
    Name Dropper First Anniversary First Post
    Options
    It would annoy me too, but I think you are at at least partly to blame. I may well have done the same as you, but the highway code is clear...

    Rule 172

    The approach to a junction may have a ‘Give Way’ sign or a triangle marked on the road. You MUST give way to traffic on the main road when emerging from a junction with broken white lines across the road.
    Laws RTA 1988 sect 36 & TSRGD regs 10(1),16(1) & 25

    The driver of the BMW may have had no licence, and may have been unfit to drive, but ultimately he had right of way.
  • billyghom
    Options
    Yes, if it is safe to come out halfway into the middle of the road and wait for the other side clear, it can be done. Otherwise at junctions where there is no traffic lights you would be waiting a very long time to come out or never come out at all. It's done all the time on the roads, safely of course.

    Thanks.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Options
    We all do it - look right, look left, then judge whether we think the car from the left will pass before the one on the right + a dose of trusting the car to the right seeing us and doing the right thing and letting us pull out.

    It's all luck and judgement. This time you weren't lucky as the car to the right had no interest in giving way to you. Indeed, a joyrider probably saw your car as "points" when they hit it.

    Not everybody is driving correctly and seeing what's happening in the distance and letting people out. For some, seeing you there will have "angered them".

    This time, you lost the gamble.

    It sucks, but that's how it is.

    Yes we all do it - and 99.99% of the time we're all lucky ... but it's that luck. I did it the other day and as the car from the right was getting closer I'm sure the one from the left had slowed down and I was annoyed at myself for having thought I could make it ....but I did make it as there was room in the end and the car to my right wasn't being driven by joyriders.
  • BoGoF
    BoGoF Posts: 7,099 Forumite
    Name Dropper First Anniversary First Post
    Options
    I'm not saying it cant be done but I imagine if you did it on a driving test you would fail.

    Sometimes you just have to be patient and wait for the gap.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards