Changed mind over liability

MiniJay

Hi, Im new to the forum, although Ive been browsing for a few months and now I require your help!! I was involved in a car accident last Thursday, where a 30 ton lorry pulled out infront of the Renault Twingo GT I was driving, on a roundabout (Quite Large, raised island with signs on in the middle). I was already on the roundabout looking to go straight across, and he came onto the roundabout from my left as if to go back down the dual carriageway I'd just came out of, so, in my eyes, and everyone elses eyes that Ive explained it to, it was his fault as I had right of way. Regardless of whos fault it was, the Twingo GT is effectively a write off (although its yet to be inspected, but there is a note on the insurers system saying its a suspected write off based on the extent of the damage to the front end of the vehicle). The vehicle I was driving belongs to my grandfather, I am a named driver on the insurance policy, and I recieved a phonecall from my grandfather yesterday letting me know that the lorry driver had accepted liability. This is where my problem comes from... today, my grandfather called the insurers to enquire about whats going on with his vehicle, and he was told that the lorry driver had 'changed his mind'. Is this even allowed? How can somebody say "Yes, I was at fault", and then say "Actually, I've changed my mind, it wasn't my fault"?

Below is an image of the roundabout where the accident occured, the blue path being me, the red path being the 30 ton lorry. Where the lines meet, is where the collision occured and where my car stood until it was removed. Am I right in saying that its pretty obvious I had been on the roundabout a considerable amount of time for him to see me, and stop, to give way. My speed was about 30/32mph and it was 3:25am, I had my headlights on, and my driving lights. The roads were very wet and it was still raining at the time.



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tinkerbell84

Your grandfather owns a renault twingo GT? Really?

Does he own any other cars?

I hope it's not your car that you've insured in his name because you really could be in trouble.

But in answer to your question, admitting fault at the scene means nothing. The insurers will come to an agreement about whose fault it was. Roundabout incidents frequently get settled 50/50.

I hope your grandfather didn't have any NCB on the car :rolleyes:

Ephemera

You may find that the lorry driver's insurer has insisted that he does not admit liability. I'm not sure about the legality but unless the other driver gave a signed statement admitting liability or admitted in front of a police officer he was at fault I don't think there's much you can do.

However the insurers will most likely find him at fault anyway as he was manouevering...and as you had right of way and there looks to be no visual obstruction he will most likely lose out... rightfully so by what you have said!

All the best with it and make sure you get any twinges looked at by your doctor. Whiplash can take days or weeks to show and the after effects can last for years.

Eph xx

MiniJay

It was a joint decision to purchase the vehicle, I decided I wanted the luxury of being able to drive around without the annoyance of having a car sitting there being un-used 6 days a week. I work in public transport so get free travel, aswell as working 55 hours a week on average, so I dont use the car too often, mainly at weekends/ when Im off work, and he uses it to get around day to day. No offence but I didnt make this post to be slated... Im asking for help, which is what this forum is for, is it not?

tinkerbell84

I didn't slate you!

Just a funny car for a grandfather to have (especially with blacked out windows).

The insurance company are likely to look into it too, so you need to be prepared with answers.

I doubt it would be written off to be honest - the damage doesn't look so bad. Who is the car registered to? Is it the same person/address as the insurance?

MiniJay

Yeh, registration & insurance are both in grandads name. And to be honest, the picture makes the car look better than it actually is. The reason we chose that particular one, is because we got £2,000 knocked off the price, and it had more options than a standard Twingo, and that was the only ex-demo they had so, we decided that was the best car to get. Plus, we had no requirement for a larger car... even though the idea was to purchase a Clio.

tinkerbell84

Fair enough;)

Good luck with the claim - to be honest, if you get a settlement better than 50/50 I'd say you were doing well.

MiniJay

Thanks for your advice, but, could you explain the 50/50 thing?

tinkerbell84

50/50 is when insurers can't agree who's fault an accident was. It basically means that both parties are at fault. In this case, the lorry's insurer would pay your claim and your insurer would pay for any damage to the lorry.

It's notorioiusly difficult to establish fault on roundabout accidents, which is why so many end up being settled 50/50.

MiniJay

I wouldn't mind that, there wasn't a scratch to the lorry!!!

greco_2

tinkerbell84 wrote: »

50/50 is when insurers can't agree who's fault an accident was. It basically means that both parties are at fault. In this case, the lorry's insurer would pay your claim and your insurer would pay for any damage to the lorry.

It's notorioiusly difficult to establish fault on roundabout accidents, which is why so many end up being settled 50/50.

No, it doesn't. It means that the lorry driver's insurers would pay half, not all.

In any event, look at the circumstances of the accident. Minjay admits to entering a small roundabout at at least 30mph in wet conditions at night. The lorry driver has at best a view of 20 yards to his right. He didn't have much chance did he?