Help urgently needed

GemJar_2

Okay just got a phone call from my OH, he's been to pick up a new car with my housemate bought from a private dealer. He's been driving it less than an hour although he got insurance and just got new tax for it before he started driving and the car is fully MOT'd until the end of the year.

They were driving down a road either at or under the speed limit(didnt varify exactly what they were doing with my OH- sorry!), a car has pulled out from the side road at the last second and they've gone straight into the side of it, new car and other car are both described as "written off" by my OH. Driver of the other car is now trying to say my housemate was driving at 60mph and it was all his fault!?! (surely he'd be dead?)

My housemate had right of way. They're on the way to the hospital along with all people in the other car, housemate and OH are both obviously shaken, suffering neck pain and OH has severe leg pain. Where does my housemate stand with this? Surely he can't get the blame when he had right of way and by the sounds of things a monkey could tell he wasn't doing '60mph'. Police have been to the scene and housemate has phoned his insurence company (the cars been insured for all of 3 hours). Is there anything else he needs to do? Also, could his insurence go up because of this? Even if it is found not to be his fault?

Thanks for any help

lisyloo

This is pretty normal unfortauntely.
There are several explanations

1) other driver or their insurer are deliverately lying through their teeth
2) other driver is terrified of partner (no joking matter, some people may be under the threat of physical violence in this situation)
3) the other driver genuinely remeber the circumstances differently.

Regardless of the reason. It's down to your insurers to sort out.
They will take the police report and any reports from independent witnesses.
Your passengers are not independent and neither are the other drivers (they all have vested interests).

Unfortunately insurers are interested in doing what is cheapest and they will not spend large sums on protecting a customer if a case cannot be proven.
So it depends on the strength of the proof not on whose right.
If the forensics (damage, road markings), police and indendent witnesses back up your story then you should be fine.
If it's not clear cut then I'm afriad your insurer will not spend thousands of pounds arguing in court without proof.
Where it's not clear, liability is agreed between insurers on the basis of probability rather than spending thousands in court.
e.g. if it was totally unclear, then liability goes 50/50.

The fact that your OH was on a main road is very much in his favour, so if the evidence shows that then that's good. If the evidence doesn't show who is where then I'm afraid you can epxect the other side to lie through their teeth.

Sorry, but you have to let your insurer sort it out.

dogbot

Bad luck for your housemate! (and OH)

If the facts are as described - that the third party just pulled out from a side road in front of your friend who was correctly proceeding on the road - then the third party will be liable.

Even if your friend was exceeding the speed limit he would have to be doing a lot over the limit - say 50/60 in a 30 - to end up with some contriubtory negligence and this speed would have to be proved.

Hopefully they have take some photos of the accident scene on their phones? This will help his insurer.

Otherwise, don't worry, let the insurers sort it out. Make sure he and you OH concentrate on getting calmed down and having a good rest or/and following any medical advice received (they will probably get advice regards potential whiplash).

If the car is a write off and the damage is over 50% your housemate may be entitled to a new car replacement under the terms of his policy if the insured car was brand new and he was the first registered owner

The accident will have to be declared in all future applications for insurance where it falls within the time period the insurer, broker or price comparison company asks about. Provided the other party is found 100% to blame the incident should not badly affect his premium, but there may be a small loading by some insurers depending upon how many other past incidents he has been involved in. NCD should remain unaffected if liability is decided in his favour, though if the case drags on he might loose it temporarily.

GemJar_2

Okay other half and housemate are now in hospital, police were at the scene, have decided that their car most likely isnt written off yay and that the other driver was at fault. Phew! Thank you everyone for your help. It's my 21st birthday today and i've spent it on the phone to my OH talking about how HE is haha not a happy bunny!

Nicko67

A birthday to remember! Hope you get chance to celebrate.
:beer:

GemJar_2

Thanks nicko, me too.. still in hospital, broken coller bone on OH they think now... grrreeaaat!

cogito

If the other driver thinks you were travelling at 60mph either (a) he didn't look or (b) he didn't see you. Either way, it's his fault.

I'd be curious to know the age of the other driver as this is the kind of accident that elderly drivers tend to have. They look right, nothing coming, fanny about engaging gear and set off a couple of seconds later by which time, the scenario has changed completely. They then blame the other driver for travelling too quickly.

GemJar_2

cogito wrote: »

If the other driver thinks you were travelling at 60mph either (a) he didn't look or (b) he didn't see you. Either way, it's his fault.

I'd be curious to know the age of the other driver as this is the kind of accident that elderly drivers tend to have. They look right, nothing coming, fanny about engaging gear and set off a couple of seconds later by which time, the scenario has changed completely. They then blame the other driver for travelling too quickly.

Other driver was in his 60's

dacouch

cogito wrote: »

If the other driver thinks you were travelling at 60mph either (a) he didn't look or (b) he didn't see you. Either way, it's his fault.

I'd be curious to know the age of the other driver as this is the kind of accident that elderly drivers tend to have. They look right, nothing coming, fanny about engaging gear and set off a couple of seconds later by which time, the scenario has changed completely. They then blame the other driver for travelling too quickly.

My dad used to have a similar problem before he stopped driving, he was not able to turn his neck to check both ways in the same way a younger driver could because of stiffness in his neck and back

danlojo

I'd be curious to know the age of the other driver as this is the kind of accident that elderly drivers tend to have. They look right, nothing coming, fanny about engaging gear and set off a couple of seconds later by which time, the scenario has changed completely/QUOTE]

That same scenario happened to me the other day when a 70+ year old man just drove straight out of a garage forecourt and nearly embedded his red BMW into the side of me. When I stopped he did get out of his car and come and apologize but blamed his 80+ year old wife for talking to him and distracting him!

Nicko67

GemJar wrote: »

Thanks nicko, me too.. still in hospital, broken coller bone on OH they think now... grrreeaaat!

How are things?
Hope the injuries aren't too serious.
And more importantly - did you get to the pub?:);)