Car accident - who's fault??

Sparklestar_2

Thanks Lisyloo,
The passenger of the other car was screaming and shouting about hurting his neck and nudging the driver saying " yours is hurting to isn't it??" sounds as if he knew excatly how to play the situation. Personally I think he slid across the junction but has tried to put blame on my son. Bare in mind this is all the passenger not the driver. My son rang me at the scene for our insurance details and I asked to speak to the driver. Guy came on phone screaming abuse at me and I was completely calm trying to get his details and gave him our details and when I asked for his - he hung up. My son later told me that the guy was the passenger NOT the driver??? The passenger refused for the driver to talk???

lisyloo

Stop worrying about what they said about liability.
It has no bearing on what the insurers will decide.

The man may actually have been shocked or scared about something (like getting into trouble with the owner).
It's not unusual for people to act this way when they are shocked or frightened.

The passenger refused for the driver to talk???

Well the driver has obligations, so unless the passenger was holding a gun to his head then he should have done what he is obliged to do.
Hopefully he will get a conviction for his offence.
A bulshy passenger does not give drivers the right to ignore their obligations.

Sparklestar_2

Well I have just been to the 'scene'. I know its my opinion but there is no way my son is at fault. The street is very narrow. The parked car my son bumped didn't do anyone any favours. It was parked too close to a junction and on single yellow lines. This car would have seriously restricted the other drivers view. What a mess!!!

no-oneknowsme

To me your son has no liability . Seems clear cut as the third party pulled out into the path of your son.

My OH has had this happen on two occasions and both accidents have been found to be non fault .

He did the right thing in leaving his details etc . I think you should now leave this in the hands of the insurers , thats what we pay them for and please , try not to worry (i know its hard) because i think this will all be settled in favour of your son .

Keep us all updated .

Sparklestar_2

Thanks for that no-oneknowsme.
I am confident now I've seen it for myself. I just hope police can track this guy. My son took some good photo's to and its clear the TP was at fault. I just hope the insurance compay does its job now. Happy Christmas everyone and thanks for taking the time to help. x

no-oneknowsme

Sparklestar wrote: »

Thanks for that no-oneknowsme.
I am confident now I've seen it for myself. I just hope police can track this guy. My son took some good photo's to and its clear the TP was at fault. I just hope the insurance compay does its job now. Happy Christmas everyone and thanks for taking the time to help. x

Your welcome Sparklestar.

Seems us parents never stop worrying about our kids no matter what age they are lol.

Hopefully the new year will bring some good news for your son.

In our cases when this happened to my OH , liability was admitted very quickly by the other insurance Company as they deemed it straight forward as the third party pulled out of a junction/side road.

hopefully this will happen for you too .

foxyuk

as an ex claim handler your son is not at fault.

the police have a legal duty to trace the car owner via the dvla computer as they left a scene of accident and refused to give details..... area of damage to cars normally determines the liability... the passenger of the third party vehicle cannot be an independant witness ..

Its a hard one without witnesses but you may find that the driver was uninsured but i would pester the police to get them to visit

Sparklestar_2

Well so far there has been no one at the address given to us. No sign of car either. I can only assume he could be away for Christmas. The parked car that my son was bumped into has had a quote of £500 to repair damage. Do we settle this ourselves without involving insurance as our excess is £400? If so can we claim this back through this driver (if we ever find him)?

PNPSUKNET

I would go via the insurance as it will repair yours and the parked car, if the other partys passenger does raise a PI claim and it goes 50/50 which if their is no clear blaim it can .