Need Advice on Car Accident.

boliston

Insurance fraud definitely only affects claims by the policy holder and NOT third party cover.

Atomic_guy

scotsman4th wrote: »

What were the circumstances of the accident? What bumper was damaged and where on the other car was damaged. Were there any independant witnesses?

Well, in brief, I was going to work, and I take the same route to work every day. I
was on a give away line, then a bus pulled over on my left so I pulled out on to the
road just behind the bus and I was going to turn right, at the time I was clear and
waited behind the bus peeking over the side of the bus at the incoming traffic, and I
was clear to go, suddenly as I was about to drive away this car just landed in front
of me on the incoming side and what appeared he was attempting to over taking me
and the bus. As I was looking left and thought no cars so it was clear for me to
move out, the other car was just in front of me and the impact happened. His
passenger door side and bit of wings was dented in and my passenger side of the
bumper was damaged as a result of impact in a angle position. To me the road was
clear, so I moved behind the bus and he appears from god knows where! He tried
to take over my car so he went in front of my car and the incident happened. From
the assessment, his car was at considerable speed, the impact left a trail of dent and
paint work on his passenger door. Dont know if this gives a good picture of the
scene. But to me it appears he was speeding and tried to over take both of us, the
bus and my car. Far as I am concerned he should've slow down and stopped behind
the bus till I moved out. He made a bad judgement on his part to take over a long
bus and my car. He made no attempt to stop or slow down even seeing a stationed
bus. From my point of view, it was not my liability for this incident.

I know this looks quite doubtful but how it happened and the situation at which the
incident occurred, to me it looks like he should accept the full liability. No witness
was available at the time. Everyone was rushing to get to work that time.

I dont know how the incident appears to your eyes. But any advice would be appreciated.

Atomic_guy

boliston wrote: »

Insurance fraud definitely only affects claims by the policy holder and NOT third party cover.

Is there any legal basis to take him to the court? and if his insurance is invalidated
then does it cover for his legal expenses and everything else? The reason I am asking
this , because he gone to accident claim and recovery agents.

JQ.

Atomic_guy wrote: »

Is there any legal basis to take him to the court? and if his insurance is invalidated
then does it cover for his legal expenses and everything else? The reason I am asking
this , because he gone to accident claim and recovery agents.

If he is at fault, his insurance co. will pay for your repairs, full stop. The issue of fraud is between him and his insurance Co and you will have no involvement in any action, other than bringing it to their attention.

He has probably gone to an accident management co. because he considers you are at fault and so your insurance co. will meet all those costs, which can end up being quite considerable.

From your description, which is not very clear, so apologies if I jump to the wrong conclusion - but it sounds like you were turning right out of a side road onto Road A, with your bonnet sticking out as you were blinded by a bus. He was traveling along Road A and you pulled out into the side of his car. If that is the case then I suspect you will be considered at fault. Again if this is the case, the fraudulent insurance policy will have no impact on his claim against you.

Jojo_the_Tightfisted

I know of people who, when their cars need a lot of work done, will actually speed up and steer towards someone pulling out on them as the recompense can be considerable. If he's claimed more than once, especially with clashing addresses, most Insurers' computer systems will flag him up and start off a fraud investigation.

But even if this isn't the case and it is deemed to be your fault, at least you will know that the Insurers are aware of his creative quote generation.

I can't judge your driving on this, I'm not in the position to, but it brings home to me why my instructor is so keen for 'right-left-right, look and creep, right-left-right, is it safe? Right-left-right, off you go'. Better a car than a motorbike, I suppose though.

Atomic_guy

JQ. wrote: »

If he is at fault, his insurance co. will pay for your repairs, full stop. The issue of fraud is between him and his insurance Co and you will have no involvement in any action, other than bringing it to their attention.

He has probably gone to an accident management co. because he considers you are at fault and so your insurance co. will meet all those costs, which can end up being quite considerable.

From your description, which is not very clear, so apologies if I jump to the wrong conclusion - but it sounds like you were turning right out of a side road onto Road A, with your bonnet sticking out as you were blinded by a bus. He was traveling along Road A and you pulled out into the side of his car. If that is the case then I suspect you will be considered at fault. Again if this is the case, the fraudulent insurance policy will have no impact on his claim against you.

Sorry for not being very clear. But you did a good job trying to understand my
description of the incident. Yes I was turning right, but I was already on Road A and
where the bus has stopped. I was behind the bus almost stationary (least good 20
sec) looking on my left and side of the bus for incoming traffic. The other car was
very far away, may be at least 100 meters from me where I was, When I saw I was
clear to go that's when I was about to move away and at this instant the other car
already in front of me. On the other side of the road, the side of the incoming traffic.
So to make it little more clearer, If he was not stopped by the impact then a
incoming car would've gone right on him head to head collision. I recon he would;ve
as the incoming car had to do a hard brake. I spoke to the guy, and he will not
accept any liability. Infact he got lots of companies involved for the claim.

I dont know whether I am totally at fault or he should also accept some liability for
not stopping or trying to dangerously over take both the bus and me. But I know I
am not totally at fault. If the third party is honest about his story, I doubt he will
then I recon this should go 50/50.