Advice please =)

terri3289

I am just writing to ask for some advice, i recently took out a car insurance policy with you, however today i had a bump, i was parked on a grass verge by my mums house and there was a huge truck in the road, as i edged out to do a turn in the road there was an LDV van halfway up the road, i was stationary as i saw the van approaching, so i went to put my car in to reverse, as i did this the van hit me on my left passenger side door, there is not much damage to my car but there is damage to the vans bumper and number plate, i feel that due to my car being stationary, the van had enough time to see me and break however they did not do so, due to shock i admitted liability, as i was in the road, but thinking about what happened i am not sure that it was my fault, as my car was stationary I would just like to have some advice as i dont believe i am at fault and i am wondering what i should do next?
Thank you for any advice.

TheRedAdmiral

The first thing to bear in mind is that an admission "at the scene of the accident" is not normally accepted as a valid admission by the Courts. People say things in the heat of the moment and I wouldnt worry about this. Just make it clear to your insurer that you dont consider yourself at fault.

When a matter goes to Court (and this is how Insurers and Solicitors think) the matter is often considered "on the balance of probabilities". That is to say what actually happened is irrelevant but what you can physically prove - and what is the more likely set of circumstances.

A Judge would ask did the Claimant do anything wrong and did the Defendant do anything wrong.

I think by trying to carry out a "turn in the road" when you could not complete the manouevre will mean that you may be held partially at fault. Whether you will be held "Wholly" at fault though is a different matter.

Hope this helps...

lisyloo

Do you have independent witnesses?

If you have none then the chances are that it will go 50/50.
This is because insurers will not spend thousands of pounds on solicitors and legal fees if it's your word against the other driver who will probably tell a story that suits them (or their recollection might be genuinely different from yours).
Insurers very often choose to go 50/50 in these cases simply to save the legal fees.

A friend of mine was hit off his motorbike recently by a car going through traffic lights.
Of 6 witnesses, 2 are for, 2 are against and 2 are neutral.
So it's going 50/50.

terri3289

The van had plently of time to stop, therefore i would have been able to complete the turn in the road, had the van waited which is normally what people do. its just common decency.

terri3289

my mum was there and there was a woman in the van, my mum obviously seen what happened and there was another woman in the van so im guessing that they are going to agree on the other drivers story.

lisyloo

The van had plently of time to stop, therefore i would have been able to complete the turn in the road

I believe you but the van driver will probably say otherwise.

Sorry but you mum and the van passenger are NOT independent.
That doesn't mean their statements will be totally ignored, but any judge would take account of the fact that you mum will probably speak up for you and the van passenger will speak up for the van driver.
So 2 against 2 is no better than 1 against 1.
An independent witness would be someone not involved or known to either vehicle like another driver or another pedestrian.

Sorry, I realise it's very frustrating, but it probably won't go to court at the insurers expnese on that basis.
There is a chance the van driver will be honest, but I wouldn't hold your breath.
He clearly didn't think it was his responsibility to stop at the time, so why would he change his mind after the event.

Having said that, no-one knows what will happen.

terri3289

Oh my life im so frustrated, i havent got his details as of yet and he said he's taken his van to a garage and asked how much the damage will cost to repair, he's then going to ring me later on to tell me how much, but as i dont believe its my fault, do i just get his details to and go through the insurance? im a new driver so i dont really know what to do next?

lisyloo

Well if he's giving you details of his damage then that implies to me that he thinks you are to blame. You need to report the incident to your insurer and let them deal with it.

Do you have fully comp insurance?

If so they should take care of everything. They will check out your car, get it fixed and give you a hire/courtesy car in the meantime. They will also deal with the liability and my guess is that it would go 50/50.
If you get a hire/courtesy car then check it over for any damage and list it clearly on the form, so that you don't get blamed for any scratches/stone chips. If you have a phone camera or digital camera then consider taking pictures.
If it's easy for you to get to work on a train/bus or get a lift then consider doing that because hire cars can sometimes be further hassle.

Don't want to appear paranoid, but a little bit of upfront effort with the form/camera can save hassle down the line.

terri3289

Well, im only third party, im not too bothered about my car, its just a dent above the wheel arch but the van is a little more damaged all the bumper and the mumber plate are caved in, should he give me his insurance details anyway?

lisyloo

There is no legal requirement for him to give you his insurance details as there was no injury.
But you should report the accident to your insurer.
He will most likey claim from you.
Whether it's decided as 1% your fault , 50% or 100% makes no difference.
You may lose some no claims and you will also have to declare a fault claim in future.

The only way you won't suffer is if it is decided to be 0% your fault, but I think that's unlikely without either independent witnesses or compelling forensic evidence.
I know it's annoying, but you lack proof.