Car accident - who's fault??

Sparklestar_2

Can some one help here???

My son was driving up a side street. Cars parked either side of street so drivng through the middle. Half way up the street was a junction to another street. As he approached this junction a car pulled out. My son obviously braked but the other car still continued and tried to come down the same street. He caught the front of our car with his back end and pushed my son into a parked car damaging the side door and wing.

Road conditions were very icy.
Weather condition clear.
Time of day - 2pm

The driver didn't get out. The passenger however started screaming at my son saying how he (the passenger) had hurt his neck and even threatened to punch my son. He had obviously been drinking. My son was writing down his details and assumed the other party was, but they got in the car and drove off leaving no details. We have been given the drivers address by a passerby. My son left his phone number and name on the parked car and has since been in contact with the owner.

The car that drove off had minor damage. My sons car was scratched both sides and the parked car came off worse with a dent and scratches to door and wing.

How can we now prove this guy hit the car and caused this accident?
My son rung the police as soon as the car drove off but they didn't come out and haven't done anything.

Any helpful suggestions welcome?

opinions4u

How can we now prove this guy hit the car and caused this accident?

Did the passer by witness the accident?

My son left his phone number and name on the parked car

Good for him. I wish more were as honest.

I hope he gets it resolved. It may prove difficult for him though.

walking_stick_2

Hi, sorry to hear about your son's accident and I hope he is OK.

He will need to attend a police station within the next 7 days to report the incident and they will then investigate and he must inform your insurance company straight away and they will be the ones who decide who is to blame.

Sorry I can't offer any real help but unless the other driver claims liability, which judging by what happened they are not likely to do, the insurance companies will pass the buck between eachother regarding blame.

Sparklestar_2

No they didn't witness what happened but recognised the driver/passenger and told my son that the driver actually lived in the street he had pulled out of??!! So we may have a glimmer.
We have been to the police station who informed us that the driver comitted an offense by leaving the scene of an accident without exchanging details.

The driver didin't actually say anything to my son he just wanted to get out of there apparently. But the passenger was blaming my son for the accident. The driver was around 25yrs and the passenger in his 50's.
I'm having my doubts about the driver being insured as the passenger kept shouting and saying this is a new car??? Reading to much into it I'm sure but I have a very bad gut feeling.

My son is very responsible and would never have left without leaving his details for the other car.
I'm really worried this will turn out against him. :mad:

lisyloo

With no witnesses or CCTV then I'm afraid it's likely to have some shared liability.
I don't think your son can prove anything.

The only practical suggestion I can offer for the future is to buy cameras to fit in the car. They are not too expensive these days.
Sorry, that's the only solution I can think of.

real1314

OP

You say your son braked, but as he hit a parked car after the collision with the other moving vehicle I assume he was still moving? (A stationary vehicle is unlikely to shunt into another)

If this is the case he will probably share liability - effectively both vehicles were moving forwards despite insufficient room to progress.

The only sure way to avoid liability in these situations is to stop completely.

Pitlanepiglet

It sounds very straightforward to me, the TP pulled out of a side road and into your son and failed to stop.

He's done the right thing by going to the Police. Now make a full report to his insurers, giving full details, including that of the bystander who can confirm that the TP left the scene.

One thing, you refer to it as your son's car but then say your car. Who's car and who's insurance is it?....insurers are very keen on identifying "fronting" and the reference to "our car" from you might ring some warning bells.

lisyloo

the TP pulled out of a side road

I don't believe the OP has said that.
If this was an unmarked junction then the OP did not have right of way.

We don't currently know who had right of way.
This should have a bearing on how liability is settled.

Sparklestar_2

Thanks all,

Yes he had braked but he wasn't fully at a stop. But as this guy had pulled out and was diaginally across road as there was a parked car across from the junction the driver turned to avoid the parked car opposite and caught the front of my son's car.
The roads were very very icy and to be honest I think the driver of the car failed to stop at the junction due to him sliding across the road.
My son has taken photos of the junction and the parked cars. The police have indicated that the other driver is responsible as he failed to stop at a junction and that the parked car hit by my son was actually caused by the fail to stop driver and although initially the parked car will claim from my son, my son will claim that back from the cause of the accident driver?? As for a witness - there wasn't an indipendent witness but my son's girlfriend was in car. Not sure if thats acceptable???

Sparklestar_2

Sorry guys - to clarify.
It was a definate junction and clearly marked. My son was driving straight up the main street. The junction the car pulled out of was a side street and clear right of way was for my son.(ALSO, now identified as the fail to stop drivers street, so no excuse for him not to know the road lay out)

Also, its my car - we share. I am main driver he is named driver. Only have one car and he drives it only occassionally. Totally against fronting. We pay a huge insurance for him - but 'happy' to do this - would NEVER risk anything with my childrens (or others) safety for the sake of driving a car. Glad my son has my morals. He could have left the scene without leaving his details as our car isn't that badly damages.

lisyloo

Her word will not be taken to be independent.
Just as the other passenger in the other car will almost certainly side with the driver of that car.

However it sounds like the road layout indicates some liabiity which is a good thing for your son.

BTW - If you son or his girlfiend have suffered any injuries they should be able to put in a claim against the other driver.