Recently involved in a car accident
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BirdisBlue
Posts: 7 Forumite
Hello,
I'm sure you have all seen a million and one posts like this before, but I'd really appreciate some advice.
I was in an accident about a week ago (first accident in 11 years of driving) where the other driver was clearly at fault. I was driving down a dual carriage way while the lights were on Green and a car to the left of me on a motorway ran a red light and went right into the side of me.
The first thing he said to me when he walked over was " I'm sorry, I missed the lights. I must have been distracted."
Please see the picture below:
https
/image.ibb.co/kvg8nR/scene.png
The lights in the picture are green like they were at the time of the accident, to the left where the cars are stopped is where he should have been stationary.
I handled it appallingly because I was in so much shock at the time. A lot of people were there but I didn't think to get out of my car and flag someone down so they could give me a witness statement, nor did I call the Police or take any photos at the scene. We both drove away from the scene even though both of our cars were pretty badly damaged (his more than mine). I was physically shaking and my head was all over the place so all rationale went out the window.
I've been reading horror stories about people having to split the claim 50/50 due to a lack of proof and witnesses
I've text him a couple of times on the number that he give me and he has not responded.
It's looking like my car is a write off but I am still waiting for confirmation of this.
I know it seems like a clear cut case but is there any way his insurance company could convince my insurer that I was at fault, or we were both at fault? The only thing he could possibly say is that I went through the lights while they were on red but if that was the case there would have been a number of other vehicles involved as it's such a busy motorway and it happened around 5pm at night.
If anyone could shed some light on where I potentially stand I'd be very grateful.
Cheers folks.
I'm sure you have all seen a million and one posts like this before, but I'd really appreciate some advice.
I was in an accident about a week ago (first accident in 11 years of driving) where the other driver was clearly at fault. I was driving down a dual carriage way while the lights were on Green and a car to the left of me on a motorway ran a red light and went right into the side of me.
The first thing he said to me when he walked over was " I'm sorry, I missed the lights. I must have been distracted."
Please see the picture below:
https
/image.ibb.co/kvg8nR/scene.pngThe lights in the picture are green like they were at the time of the accident, to the left where the cars are stopped is where he should have been stationary.
I handled it appallingly because I was in so much shock at the time. A lot of people were there but I didn't think to get out of my car and flag someone down so they could give me a witness statement, nor did I call the Police or take any photos at the scene. We both drove away from the scene even though both of our cars were pretty badly damaged (his more than mine). I was physically shaking and my head was all over the place so all rationale went out the window.
I've been reading horror stories about people having to split the claim 50/50 due to a lack of proof and witnesses
I've text him a couple of times on the number that he give me and he has not responded.
It's looking like my car is a write off but I am still waiting for confirmation of this.
I know it seems like a clear cut case but is there any way his insurance company could convince my insurer that I was at fault, or we were both at fault? The only thing he could possibly say is that I went through the lights while they were on red but if that was the case there would have been a number of other vehicles involved as it's such a busy motorway and it happened around 5pm at night.
If anyone could shed some light on where I potentially stand I'd be very grateful.
Cheers folks.
0
Comments
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Here's a link that works:
https://image.ibb.co/kvg8nR/scene.png
"The only thing he could possibly say is that I went through the lights while they were on red but if that was the case there would have been a number of other vehicles involved as it's such a busy motorway and it happened around 5pm at night."
That is mere speculation.
You will give your account, he will give his account and the insurers will come to a decision. You have no witness evidence, but as it's a large junction maybe there is CCTV in operation.
If there is, I don't know if insurers would have access to recordings. Someone else here will know.0 -
Hi,
As above posted mentioned - look for CCTV - highways agency can send you a recording on a DVD, as they have done for me a couple of years ago involving a hit and run on the M6, but unfortunately the CCTV was pointing to the wrong direction at the time.
Have a made a claim, I am not sure you have. You noted that you are texting him, I would just claim on insurance instead.
Jo0 -
Consider using a claim handler to deal with this for you.
They will claim off the third party insurer thereby saving you having to pay and subsequently reclaim your excess as well as any other uninsured losses and no temporary loss of Ncd until the matter is concluded etc0 -
Thanks everyone.
I reported it to my insurance company within 30 minutes of the accident. I spoke to them again today and they have still not been able to get hold of the third parties insurance company so I assume he has not reported it or he is attempting to pull a fast one.
Can the damage on a vehicle be used to determine blame / establish the cause of events? I would have thought the damage to my vehicle (rear wheel arch on passenger side) would go a long way to help solve this.0 -
Your "legal cover" (if you mean a legal cover add on to your motor insurance) is not necessary for fighting liability - that is done by your insurer
Without witnesses it could well be 50/50 as both sides have conflicting stories
And now it seems liability is not clear cut, a claim handler may not take this on (re #4)0 -
If your insurer accepts 50/50 then it's unlikely any claim handler would be interested0
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BirdisBlue wrote: »Any thoughts on the whether or not going through an amber light is an offence worth pursuing please?
Very unlikely to be able to prove it and an amber light on one side means the other must be red!0 -
Sometimes the smart thing to do is to take it on the chin and move on.BirdisBlue wrote: »I have legal cover and I am willing to do everything I can to fight it. I'm absolutely gutted
I've been through the magistrates court over an accident that wasn't my fault and I've also had a car written off by a hit & run driver who escaped, so I have some experience.
Neither was much fun, but the simple writing-off was a lot easier on me.0
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