Hit by stolen car, found at fault, please help

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  • Aretnap
    Aretnap Posts: 5,215 Forumite
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    molerat wrote: »
    A fair chance each insurer has agreed to cover their own and as OP only has TP they have dipped out.
    You're about 25 years out of date there. Knock for knock agreements were phased out in the 1990s and didn't work like that with regard to TPFT customers anyway. There's no chance that this is what has happened.
  • billyghom
    billyghom Posts: 29 Forumite
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    Senseicads wrote: »
    Just to clarify things a bit further for you, you don't claim for this through your insurer. As others have pointed out you are not covered for damage to your vehicle. If the other party are at fault(and it's a big if) then you can claim from their insurance as they will be covered for Third party damage. You will have to go get yourself a solicitor and get them to make the claim on your behalf. Lots of accident solicitors about, do some research and pick a good one.


    The problem that you have got is that you are at fault for the accident. It doesn't matter what the other driver was doing in terms of speeding and not paying attention etc. You as the driver of your vehicle are the judge of what makes a manoeuvre safe. As others have pointed out you have to give way to vehicle's on the major road when there is a give way on a minor road. He could have been driving at 150mph, but because you have pulled out when it was unsafe to do so you will be found at fault. The court would have ruled you had misjudged the speed of the oncoming vehicle. If it wasn't unsafe to do so they wouldn't have hit you. None of the other stuff you have said about it being stolen and such, even enters into it. if you could have proved they were under the influence then you might have had more of a case to get some contributory negligence applied to your case, but given that they hadn't given a blood sample or anything you aren't going to get anywhere with that. The bare truth is, if you are pulling out of a side road and you collide with another car then you are fault...almost everytime.

    There was even a case whereby someone pulling out of a minor road collided with a lorry coming down the major road that was also signalling left. they pulled out when they thought it was safe, lorry driver hit them. it was the person in the car's fault for pulling out when its not safe.


    Sorry to be the bearer of some tough love here, but it's just tough, the onus is on the driver pulling out to ensure the way is clear and safe. A collision occurred so it clearly wasn't. I'll put a quote from the summary judgement at the bottom of this for you so that you can see what I mean. if you want to google it then it was Davis v Swinwood(2002) but the judgement went as follows...

    So you have two options...
    1) go get a solicitor, and see if anything is able to be done...It won't be and if you pay to go to court you will lose.
    2) chalk it up to experience, let it go, and try and move on with your life.


    Thank you, that is very useful. The best response given. I don't disagree that, by letter of the law, I was at fault. But who can honestly say, as a layman, that being hit by a car full of joyriding teenagers getting high vs. an uninebriated driver legally on the road and with 10 years of experience without incident, that the legal driver is likely to be at fault? It is insanity that I have to take fault.

    But I understand that that is by-the-by and irrelevant (although it shouldn't be), so let's move on. . . Based on what you've said, would you say an MIB claim against an untraceable and uninsured driver is worth a shot?

    Thanks once again for your help.
  • BoGoF
    BoGoF Posts: 7,099 Forumite
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    4 pages and 63 posts later we have an admission of fault.......
  • billyghom
    billyghom Posts: 29 Forumite
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    BoGoF wrote: »
    4 pages and 63 posts later we have an admission of fault.......

    No, I said by letter of the law, which is not the same thing and does not necessarily make it just. Thank you for your response, anyway.
  • forgotmyname
    forgotmyname Posts: 32,554 Forumite
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    Who can honestly say? Anyone that has read the highway code?

    They were on the main road, they had right of way you denied them that right of way.

    Its not insanity that you have to take the blame, its called growing up and admitting that you caused the accident so are the one to blame.

    A claim against an uninsired driver, no issues. But not when you were at fault. You caused it.
    Censorship Reigns Supreme in Troll City...

  • billyghom
    billyghom Posts: 29 Forumite
    edited 11 January 2018 at 5:47PM
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    I know what posting on an online forum is like. It is part of the internet, after all. One expects 80-90% of replies to be unhelpful, personal attacks, and point scoring. But you put up with that for the one or two posters who genuinely want to help and offer something useful. You can recognise them because they usually only post once, unless asked a direct follow up question. I've had a few of those and to them I am grateful and say thank you. To the rest, I have thanked as many of you as I could, regardless.
  • billyghom
    billyghom Posts: 29 Forumite
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    Okay folks, I'm calling it. Thank you all for your help and enjoy the rest of your evening. Cheers.
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