Urgent Advice needed

strawberrywhip

Hello all

Not sure if i have posted in correct section but need some urgent advice. My daughter had a car accident she had pulled out from a layby and drove roughly 60 metres down the road put on her right indicator and started to turn right when a car came from behind and hit the car along the drivers side.

The insurance company are saying it is her fault as she should have checked the road was clear before moving out of the layby. My daughter is adamant that it is not her fault, her car is a write off and so is the other drivers he ended up through a wall, she has also suffered whiplash. She has spoken again to the insurance company and they are saying it is still in dispute and it might come out as 70/30 in her favour. By the way they were both insured with the same insurance company any advice would be appreciated. I always thought if i driver had come from behind and hit you it is always non fault

Strawberrywhip x

Quentin

Them both having the same insurer is not an issue - happens a lot, and their are safeguards in place to prevent any conflict of interest issues.

Let the insurance company sort it out - assuming she has comprehensive insurance, then she is looking at paying her excess (plus loss of ncb + premium hike).

But if she is third party only she may want to take legal advice on the chances of pinning liability on the other driver.

lisyloo

I always thought if i driver had come from behind and hit you it is always non fault

Not if you pull out in front of someone.

I'm not saying she did, I'm just answering that point.
It's very difficult for people here to judge fault crom this kind of information.

Were there any independent witnesses? were the police called?
Independent witness and police reports will be taken into account.

But you've had the best advice to leave it to your insurers.

strawberrywhip

My daughter phoned the police the moment it happened, They are looking into it, my daughter has been told it dont matter what the police outcome is for them to decide who is liable

Quentin

Whatever the police outcome is will aid the decision, especially if one of the drivers gets convicted for a driving offence which contributed to the crash.

lisyloo

my daughter has been told it dont matter what the police outcome is for them to decide who is liable

The police are not interested in civil liabilities.
They are only interested if there is a criminal angle.
To have a crinimal case they would need some good proof, so they will only proceed if the evidence is there.
So if they think someone probably was speeding or driving without care but they don't have clear evidence, then they won't proceed as there is no point.
So unfortunately unless someone if killed or there is something blatant (like drunkeness) then they probably won't spend much time on in.

Hey_Dude

There is case law for this - Jollife v Haye IIRC.

Your daugther is only 30% liable.

HTH

Duder