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Not my fault accident Tesco bank demands I go 50/50!

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  • Mrcrimbo
    Mrcrimbo Posts: 16 Forumite
    edited 6 June 2011 at 1:22PM
    Heres another one,

    Me in white, them in red. See reason for editing for link again. Essentially I have stayed in my lane and been hit. I am sure others will see how black and white this is!
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I am sure others will see how black and white this is!

    Sorry, but how do your sketches show that the other car moved towards you? (as opposed to you moving into their lane)

    You chould (theorectically) have veered right just as much as they could have veered left.
    I'm not sure your picture "proves" anything at all.

    Sorry, not trying to be nasty, just say how it appers to an objective outsider.
  • huckster
    huckster Posts: 5,290 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I have googled/streetviewed the location of the accident using the road information provided in the link.

    I can see why a 50/50 has been decided, as you have no independent witnesses. It could be argued that in the traffic conditions that the vehicles just converged together and the other driver in a split second could not avoid you.

    Up to you what you do next. But I doubt you can change Tesco Insurers mind on this.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • Mrcrimbo
    Mrcrimbo Posts: 16 Forumite
    edited 6 June 2011 at 3:07PM
    Thanks for the responses again,

    I agree with the comments, it really is only possible to go so far with a drawing.

    As it happens, another example might be someone hitting the side of someone else when coming out a T-junction. Theres no way to prove the other vehicle didn't also veer into the vehicle comming out of the t junction.

    All I can say is that I hope that the actual recorded damage tallies in with my genuine account, more so than their made up bullony. One thing I do know is that when I spoke to Tesco they summerised the other vehicle's account which is essentially that they were signalling left and I hit them. Very weak IMO but I still need help to create the most compelling argument I can to prove that my version of events is what actually happened to whoever is deciding !!

    I am also hopeful that any police CCTV will be made available and this will ultimately expose their filthy lies. If I could, I would like to have a go at them for perjury.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Theres no way to prove the other vehicle didn't also veer into the vehicle comming out of the t junction.

    If one was a major road and one was a minor then there might be a very obvious "right of way".
    However even in that circumstance you are absolutely correct that there's no way to prove it.
    This is most unfortunate and it happens quite a bit that there are no witnesses.
    It's just an unfortunate event in life.
    I sympathise greatly but if there is no proof and nothing compelling, then it's very unlikely Tescos will go to court or that you'd be advised to.

    If you feel really strongly about this (and I don't blame you) then the only practical thing I can suggest is to get a camera.

    You will not only save yourself the cost of an accident, but you would also get the satisfaction of proving someone else a liar and/or possibly getting criminal charges against them.
  • asbokid
    asbokid Posts: 2,008 Forumite
    edited 6 June 2011 at 3:38PM
    Mrcrimbo wrote: »
    th_Untitled-2.jpg
    [click to enlarge]

    th_Untitled-1-5.gif
    [click to enlarge]

    we are looking at the roundabout just before wandsworth bridge?

    http://goo.gl/maps/RppC

    if so, you were in much the same road position as the silver car in the following snapshot from streetview?.....

    http://goo.gl/maps/7pQF
  • Mrcrimbo
    Mrcrimbo Posts: 16 Forumite
    lisyloo wrote: »
    If one was a major road and one was a minor then there might be a very obvious "right of way".
    However even in that circumstance you are absolutely correct that there's no way to prove it.
    This is most unfortunate and it happens quite a bit that there are no witnesses.
    It's just an unfortunate event in life.
    I sympathise greatly but if there is no proof and nothing compelling, then it's very unlikely Tescos will go to court or that you'd be advised to.

    If you feel really strongly about this (and I don't blame you) then the only practical thing I can suggest is to get a camera.

    You will not only save yourself the cost of an accident, but you would also get the satisfaction of proving someone else a liar and/or possibly getting criminal charges against them.

    Thanks for this! Yes I would, without a shadow of a doubt gain satisfaction from proving them as a liar and pressing charges. In terms of a camera, do you suggest I go back to the scene of the accident and take photos? I actually have a number of them that I took at the incident. I could even post these if you like?
    asbokid wrote: »
    we are looking at the roundabout just before wandsworth bridge?


    Correct
  • asbokid
    asbokid Posts: 2,008 Forumite
    edited 6 June 2011 at 3:51PM
    Mrcrimbo wrote: »
    So what was your trajectory and the 3rd party's trajectory in the moments leading up to the collision?

    i can kind of see how the accident happened... you were accelerating as you exited the roundabout. the lights had just changed on the bridge approach road. the other party indicated that he wanted to change course, and move into the exit lane for the a217. However, he didn't see you accelerating along his nearside. he moved into your lane and...crunch.

    the other driver, having left it too late to safely leave by the a217 exit (wandsworth bridge road), should have continued all the way around the roundabout, allowing himself ample time to safely get into the correct lane for that exit.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In terms of a camera, do you suggest I go back to the scene of the accident and take photos?

    Sorry I didn't explain myself very well. I meant a video camera actually in your car for the future.
    I have this one which covers 170 degrees, but there might be better solutions for a car.
    http://www.actioncameras.co.uk/X170

    Do you have any photos that show the posistion of the cars when they hit? i.e. did you both stop in-situ after the collision.
    If you just have photos of the road layout then I'm afraid that doesn't show who moved into who's lane.
  • asbokid
    asbokid Posts: 2,008 Forumite
    Mrcrimbo wrote: »
    Thanks for this! Yes I would, without a shadow of a doubt gain satisfaction from proving them as a liar and pressing charges. In terms of a camera, do you suggest I go back to the scene of the accident and take photos? I actually have a number of them that I took at the incident. I could even post these if you like?

    What have you lost, in financial terms, Crimbo?

    You've lost n years NCD... and hiked premiums for the next n years to come..

    Can you quantify that loss in monetary terms? Try getting some new insurance quotes, first by disclosing and then by not disclosing the incident. Compare the two sets of premiums to identify how much the incident will cost you in the future.
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