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My first accident. Hel please!

Have been driving for 26 years and just had my first accident.

I was on a fast moving large roundabout and was half way to my exit when I was hit from a car coming from a right hand exit onto same roundabout. His car hit the back door of my drivers side initially then the momentum caused damage to driver door too.

We pulled over (fortunately cars still driveable) and exchanged details. No body else involved. No one appeared hurt. Did not call police at the time but next day he said he was going to (he is drives for a living so maybe wanted to protect himself).

I obviously feel it was his fault but he said it was mine as I "pulled out" or words to that effect. Fortunately it was reasonably amicable. I was shaking and feeling very shocked.

The damage to my car is £1,500 plus VAt. His only looked like the left hand side area around the light is damaged -the bit that went into my car.

The insurance company initially said they would be able to take all details over the phone but now I have received letter wanting written details. They also ask if I would "be prepared to attend a county court hearing to resolve this matter should it become necessary". I feel sick just thinking of this. Is it likely this may happen?

They also say that a 50/50 compromise settlement may be the outcome. Would I accept settlement on these terms. My initial reaction is to say "Yes" as the whole thing has unsettled me and even though I am trying to rise above it, I am really worried. What are the implication of this 50/50 and would I loose my no claims bonus and my £350 excess?

Any helpful comments would be appreciated. Car is in garage now and I am dreading getting behind the wheel again even though I have missed being able to get about.

Thanks

Comments

  • jazabelle
    jazabelle Posts: 1,707 Forumite
    I don't understand how it can be your fault. You were already on the roundabout - so you had right of way, and he drove into the side of you? How could you have just pulled out, when he wasn't at the same exit?
    "There is no medicine like hope, no incentive so great, and no tonic so powerful as expectation of something better tomorrow." - Orison Swett Marden
  • You're getting into a fluster over nothing. Accidents happen all the time.

    You won't get in trouble. Stick to your version of events, don't let the insurance company settle. You won't have to go to court but even if you do there's no need to worry, because you won't be branded a criminal.

    This is what insurance companies are for. Now you get to find out if yours is any good.
  • iamana1ias
    iamana1ias Posts: 3,777 Forumite
    How did they come from the right? You'd have been ahead of them before they pulled out.

    Unless they were already on the roundabout and was taking the exit, in which case you must have pulled out on him.
    I was born too late, into a world that doesn't care
    Oh I wish I was a punk rocker with flowers in my hair
  • Dave101t
    Dave101t Posts: 4,157 Forumite
    His only looked like the left hand side area around the light is damaged -the bit that went into my car.

    doesnt this mean you pulled out on him as he was taking his exit, there is no way this damage is caused by your story. that being the case the best you can hope for is knock for knock.
    Target Savings by end 2009: 20,000
    current savings: 20,500 (target hit yippee!)
    Debts: 8000 (student loan so doesnt count)

    new target savings by Feb 2010: 30,000
  • Gordon_Hose
    Gordon_Hose Posts: 6,259 Forumite
    Debt-free and Proud!
    If he hit you on your off-side then he must have already been on the roundabout...
  • skiddlydiddly
    skiddlydiddly Posts: 1,005 Forumite
    It sounds like one of 2 possibilities.

    1.You were both on the roundabout at the same time and he was on your inside, didn't see you in front of him and drove into the side of you as he tried to exit.
    2.You pulled across his path onto the roundabout and he hit the side of your car.

    Noone here knows which it is and nor willl the insurance companies without independant witnesses which you don't have.I can see why they'd say 50/50 really.I wouldn't worry about it, they will deal with it all for you but you may lose some ncb.
  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    If he hit you on your off-side then he must have already been on the roundabout...

    Yeh if he has hit your drivers side then you did pull out in front of him, bad thing to happen but if you let the insurance company deal with it (thats what you pay em for) then they should resolve it all. you will probably have to pay an excess
  • Gordon_Hose
    Gordon_Hose Posts: 6,259 Forumite
    Debt-free and Proud!
    I reckon 50/50 would be a good outcome.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If he hit you on your off-side then he must have already been on the roundabout...
    Or about to enter the roundabout as the OP did, in which case the OP should have given way.
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