Letter of claim, with no name? no reg number?

noh

assj wrote: »

He was driving at 20 MPH over speed limit and she was already pulled out, she was half way so he didn't want to wait and the accident occured on the wrong side of the road in his case, therfore she argues why was he on the wrong carriageway. If that makes sense, not saying it's right that's just what happened, and the insurance arguement was to be as agreed with AA Insurance - but then there was no claim until now,

Above is what you originally stated.
You say she was "half way" and "he didn't want to wait"
Those statements indicate that she did pull out into his path and he took avoiding action moving to the other side of the road.

[Deleted User]

vax2002 wrote: »

It will depend on if the vehicle was overtaking stationary objects or vehicles, if not and witnesses verify this then and to road is wide enough for two vehicles or better still has white lines no, the other driver can not hold your wife responsible .
If the road was clear, she exited a turning on to the correct side of the road with her vehicle under correct control then the driver travelling in the opposite side of the road has lost control of his vehicle, left his side of the carriageway and collided with a vehicle been driven in a responsible manor under necessary care and attention.
roads have white lines for a reason.

Now, did you inform your insurance that it had been involved in an road traffic collision .

thank you for your reply it makes a lot of sense, yes the insurance were informed of the accident on the same day, this is why we are still paying the monthly costs, as it is there policy to keep the insurance open for 6 months after the accident incase a third party tries to claim, the 6 months is up on 7th september.
Also there are no witnesses as any other cars that were on the road just drove by, nobody stopped at all.

noh

I assume it was third party not fully comp insurance on her car? Therefore there was no payout for her total loss.

[Deleted User]

noh wrote: »

I assume it was third party not fully comp insurance on her car? Therefore there was no payout for her total loss.

no it was fully comp, she didnt claim as the car wasnt really worth much and paying the excess wouldnt have been worth it, the car eventually gave up not long after the accident and was given away for spares.

vax2002

The investigations would be based on how far from the junction she was and the speed limit of the road, at 30 mph, you can just about stand on the nose if someone "pulls out".

noh

vax2002 wrote: »

The investigations would be based on how far from the junction she was and the speed limit of the road, at 30 mph, you can just about stand on the nose if someone "pulls out".

If it could be proven that he was exceeding the speed limit then blame would be apportioned.
The vehicle pulling out from the side road would still have most of the blame attached to them.

[Deleted User]

I suppose whoever is at fault, you don't admit liability

vax2002

noh wrote: »

If it could be proven that he was exceeding the speed limit then blame would be apportioned.
The vehicle pulling out from the side road would still have most of the blame attached to them.

That depends, if the Van driver starts lying when he was tearing away on a 30mph then that works both ways, especially if you are on the right side of the road.. driving along minding my own business gov...

[Deleted User]

true, oh well we will see what happens and I hope we win, because it's me that has to pay :-(

mikey72

assj wrote: »

no it was fully comp, she didnt claim as the car wasnt really worth much and paying the excess wouldnt have been worth it, the car eventually gave up not long after the accident and was given away for spares.

If it was a no fault claim, did you put in a claim against the third party?

Is this the same accident you had the hire car for in the motoring thread, or a different one?