Side Impact collision but speeding-Help plz

imi1978

Hi everyone

Am still quite shook up from the car accident 2 days ago. I came from a side road onto a main road.Weather-raining&evening time-so dark. I had looked 3 times to my right-no oncoming cars,so attempted to make the turn, on a further glance as i had already gone 2/3 onto the road,saw the car approx 5m away if that, then i heard an almighty bang and spun out of control.

his car hit my front driver side and my wheel buckled&car crumpled.his car after hitting mine went onto the opposite side of the rd onto sum1s driveway. while my car spun 3 times and eventually came to a stop.

I am certain the guys was speeding at 40mph at least, and i dont think he saw me until the last minute, which meant he had to hit me.in rainy weather at 40pmh-stopping distance approx 45m, so he didnt react in time-it was apparent he was in a rush to get somewhere.Also he had come around a bit of a blind sweepy turn so by the time he saw me-too late

Both cars are likely to be write offs
I Had to be taken out of my car by fire brigade/paramedics wheareas he walked out himself.Both his airbags deployed and none of mine-so i got a nasty crack to the head.

I am fully comp insured,bonus protected with motor legal protection

My 2 questions are

1) I Do NOT want to accept liability as i had made the decision to go onto a clear&safe main road.He was speeding 40-45mph on a main road. But so far ppl are telling me as i came out of a side rd i am likely to be blamed???even tho he was speeding!!!

CAN I REFUSE TO ACCEPT LIABILTY OR WILL MY INSURANCE DO IT EVEN THO I DONT WANT TOO???

As its the bank hol wknd now, insurance arent being very helpful at mo

2)My car is 2009 yaris, i am the only owner from new.What i dont understand is how can my car be a write off and NONE of the 8 air bags deployed after being hit at 40mph??? The toyota delearship have fobbed me off saying the cars done its job-by not deploying the airbags???even tho it says in there car manual "if hit from side at 12mph or above, side airbags will deploy"???

CAN I TAKE LEGAL ACTION AGAINST TOYOTA???

Many thanks for any input in advance folks!!!!

imi x:(

pyjamafan

Sorry to hear about your accident. Also, sorry to tell you that you probably will be found to be at fault in the circumstances you have described. Speed on its own is not enough to make you at fault unless it was extremely excessive. The onus of responsibility will probably lie with you as you were pulling out of the junction.

With regards to the airbags, they are there to save your life. If they deploy they can cause burns lacerations and even broken bones. You really wouldn't want them going off unless it was a very nasty accident.

Hope you feel better soon.

Savvy_Spender_South

to add some thought.

I have attended over 20 accidents many on motorways and have only seen 1 airbag deploy. That was a 10mph pedestrian area crawl bump. To sue toyota, you would need to show your injuries would be less if the airbag deployed.

You pay a solid premium to cover you in the unlikely event this sort of thing occurs so try to sit back and allow your insurance company to do its work, you can be sure they will not pay a penny more than they need to, that's their business at the end of the day.

Pulling out into the

adamc260

If you've emerged from a side road sadly your to blame.

If the person is speeding it needs to be proved else it's not even a factor that would be considered unfortunately and even then I don't know how big an impact it would have on the case

Hope things get sorted for ya

gordikin

I take it you're not dead due to your poor eyesight/judgement?

imi1978

gordikin wrote: »

I take it you're not dead due to your poor eyesight/judgement?

>Look "gordikin" NO offence but that kinda comment isnt appreciated, im asking for useful genuine input not sarcastric moronic crap!!! FYI you obviously dont drive on the roads in this area as otherwise you'd appreciate or probably be dead,,,,id rather not have any of your input if you cannot make a civilised or useful comment
,
Many thanks to those that have given some useful input-esp "savvy spender" who said i should let my insurance take over. You are right-i do pay a fully comp premium with bonus protection with zero excess,motor legal protection&courtesy car- so ill stand back and let them do their job as you say!

dunstonh

1) I Do NOT want to accept liability as i had made the decision to go onto a clear&safe main road.He was speeding 40-45mph on a main road. But so far ppl are telling me as i came out of a side rd i am likely to be blamed???even tho he was speeding!!!

Even if he was going 40-45, you shouldnt have pulled out. That is not a level of speed that would be considered enough to make up for your lack of judgement.

CAN I TAKE LEGAL ACTION AGAINST TOYOTA???

Have you suffered any long term medical issues? Do you have large pockets?

imi1978

many thanks dunstonh..in my defence i had look 2-3 times before i took the turn.i did it on the basis that the rd was clear and safe when i took the turn as evidently i wouldnt have taken it otherwise.i was already in the main rd long before he came, he lost control before he even hit me.Sadly i wonder what would be the case if an ambulance was in the middle of the rd and this moron did the same??? At the end of the day he was speeding, although i may not be able to prove it.Its boy racers like him-which end up causing accidents not just with me.Sadly the police also agree he was speeding along with the witnessses at the scene.
More so although i may well end up being held liable....liabilty also exists on his part as he Failed to keep a proper lookout-which i suppose could be said for me too.He
Failed to control his speed,He Failed to control the vehicle, He failed to use the brakes in the car in time etc etc

As for "long term medical issues-evidently nothing severe thank god but toyota i know realise are crap-even though i have been a life long supporter of them. I even went to the dealership where i brought the car from-they wernt intrested, more intrested if i wanted another car from them??!!! My last words to them-not getting another toyota-Today, Tommorow or Ever!

hartcjhart

quote[I Do NOT want to accept liability as i had made the decision to go onto a clear&safe main road.He was speeding 40-45mph on a main road. But so far ppl are telling me as i came out of a side rd i am likely to be blamed???even tho he was speeding!!!}

sorry but you pulled out you are at fault,

ictquizzer

Rule of thumb is that the car pulling out the junction is at fault - unless you can prove the other car was clearly exceeding speed limit or driving dangerously. I'd guess the best you can hope for is a split in liability, though I'd think you would be lucky to get anything better than a 75-25 split (with you having to take the main amount of liability).

I went through an insurance claim over the festive period a couple of years ago, so you've got my sympathy when it comes to knowing how frustrating it can be trying to get things sorted out! Glad to hear you've got courtesy car sorted out, we struggled due to the other driver refusing to report it to his insurers and there being doubt over liability. My advice - you've done all you can in the meantime, sit back and let your insurers deal with it and see what they come back to you with. More importantly, although it was undoubtably a horrible experience, be glad the consequences weren't worse (I don't mean that to sound patronising!!)

imi1978

Thanks for the input guys-will keep you updated.Have spoken to the police today and there advice is the damage to the cars will determine to some extent what exactly happened, and as i had already merged into the road there maybe a case of disputed liabillity...so lets see how it goes.Im hoping maybe it'll get sorted before xmas. Yes i agree with you "ictquizzer" i am lucky i didnt sustain any major injuries or the other fella.

Watch this space