Car accident advice - Third Party pulled out from junction

Aubs

My OH had an accident a few months ago, and the third party are still trying to apportion blame in our direction.

OH was on a main road, car in front turned left into a 45-ish degree junction. OH slowed down, but then a car waiting at the said junction decided to pull out and went into the NSF (wing & door).

Third party insurance have responded with an 80:20 in favour of their customer, based on Powell v Moody.

My OH wasn't overtaking and was on the correct side of the road.

Any thoughts / advice / case law that doesn't involve overtaking would be greatly appreciated

rodenal

Can you explain a bit better - I don't really understand how a car pulling out of the junction could come into contact with anything but the car infront that your partner was waiting behind to finish its left turn? To make contact with your car the third party would have to have pulled out literally as your car was passing?

vax2002

that case law would be invalid IMO as it is based upon the principle that the car driver had taken all reasonable precautions as the motorcycle overtook the turning car.
However just pulling out of a junction is not taking any precautions.

I would obtain 3 estimates of the damage and issue the other Driver with an invoice for the lowest repair estimate and a bill for any other actual losses you can receipt for.
I would IGNORE the other drivers insurance as they have declined to cover his liability, give 14 clear days to settle the invoice or issue a county court claim for the damage.
Let them argue the case law with the district judge.

Quentin

Aubs wrote: »

My OH had an accident a few months ago, and the third party are still trying to apportion blame in our direction.

Third party insurance have responded with an 80:20 in favour of their customer, based on Powell v Moody.

My OH wasn't overtaking and was on the correct side of the road.

Any thoughts / advice / case law that doesn't involve overtaking would be greatly appreciated

You shouldn't have to be involved in finding appropriate case law etc to defend this claim against you.

Assuming your OH was insured at the time of the accident then pass this correspondence (unanswered) over to the insurer to deal with.

Aubs

Thanks for all your comments.

OH's insurance company has already paid out, even though third party insurers haven't paid out or agreed settlement! The letter came through from OH's insurance, so they are completely aware of the situation. I advised them that we would not be accepting that and will be emailing a copy of the image linked below.

A brief image of what occurred can be seen at THIS link.

The only reason I would like a case law example is to provide to OH's insurance company so that it can be used as an example and to hopefully speed things up. It has been outstanding since January and I've been calling on a monthly basis!

Strider590

From the diagram above it reminds me of when your trying to pull out onto a busy road, you put your car half way across and then the (impatient or bloody minded?) person from the right, instead of stopping next to your drivers door, decides to cross line and go round your car anyway......

Of course the problem is that because you've blocked one half of the road, your not looking right any more and you'll likely try to go as soon as the left is clear. This is where the collision will occur....

Could also happen if you think the car from the right is letting you out, but then changes his mind.

Do you follow me? Just trying to show where the 3rd party might be coming from!

It's a hard one to prove really, no witness, no onboard video, word against word.