Liability???

magpiemorgan

I recently had a car accident whereby a taxi crashed into the side of my car as I was crossing a round about.

Whilst I accept that the taxi had right of way the driver was driving at least 60 miles an hour on a 40mph road approaching a round about leading to a 30mph road. There was a sufficient gap if he was driving at the limit.

My insurer has said speeding is difficult to prove and was not interested.

Is there anything I can do about this or should I just accept liability?

Any advice would be appreciated.

Thank you

clear_blu

You say it yourself 'I accept that the taxi had right of way'. Your insurance company has already said 'it is difficult to prove he was speeding'. Unless you have independent evidence, speed camera or independent witnesses, forget it and put it down to experience. It's a *&£*@!..............but at least you are alive........it could be worse............................;)

magpiemorgan

I kind of thought I would just have to accept it there is a shop opposite the scene so fingers crossed they will have some cctv.

Astaroth

Even if you can prove that he is speeding (which as stated is very difficult) then he would only be held partially liable.

As you say, he had right of way and therefore you should have been able to judge his speed and react accordingly is the old line.... my understanding is that if speeding can be proven now a days the speeding parties is held to a greater proportion of liability than it used to be but still you are generally looking at 0-30% with you being 70%-100% liable.

DavidHM

I agree with Astaroth.

The upshot of that is, if you fight, you would be fighting for the difference between you losing your no claims, and both of you losing your no claims.

You wouldn't be any better off unless you're contemplating a personal injury claim, at which point you might be able to get something for his contributory negligence - but it wouldn't be an easy case.