Who's to blame for collision?

gazzaw

Hi, Forum newbie here- still to get to intros and profile sort out etc.

Am looking for some expert advice here - Last week I was driving down towards a junction (4 way with traffic lights etc) in the left lane of a four lane road (2 lanes each way) having moved into that lane about 150 metres from it due to a small queue of stationary traffic (4 cars) waiting to turn right on the outside lane, once oncoming traffic had ceased.

The rear car of the queue was indicating right and the front car was out in the junction also waiting to turn right. I couldn't see indicators of the other two cars inside the queue due to rear car etc.

As I approached the junction at about 20mph (this junction has cameras on it for light jumpers etc) and passed the 3rd car in queue (Fiat 500 TDi) it moved out and struck me level with my door and damaged this and the rear door as momentum carried me onwards. I obviously braked but couldn't move to left to avoid (in the nanosecond that I seen it move as I came up to it) due to lamposts wheely bins and poles etc on pavement (there were thankfully no parked cars).

After stopping and indicating to other car I was pulling in -I moved on to a safe position and parked up- didn't want to block lanes or cause another accident by rubber neckers coming other way etc.

We exchanged details- I was raging as car was only 3 days old - and other driver said she didn't see me as I was in her blind spot although she moved out anyway (no indication from trafficators)

Insurance now trying to say 50/50 and knock for knock which I am not accepting and going to fight etc.

My questions are: Who is to blame, who can be charged (if it comes to it? etc)

What other actions can I take or tell insurance company that I personally think I am no blame case? Both myself and 3rd party are same ins company.

The junction can be seen here - if you place the viewpoint looking west bound (direction of my travel) on google maps - Corstorphine road and saughtonhall drive junction near Corstorphine, Edinburgh, EH12, UK as a newbie I can't post a link direct on here, sorry but I could PM it to anyone interested

Thanks in anticipation and dread

Gary

Strider590

Send me the link i'll post it..... Or you could post it in plain text with a few spaces added.

Insurance co's will always try to go 50/50, it's the only solution that they both profit from.

LINK BELOW

http://maps.google.co.uk/maps?q=corstorphine+road+and+saughtonhall+drive+junction&hl=en&ll=55.944893,-3.250321&spn=0.000002,0.000857&sll=53.800651,-4.064941&sspn=13.283564,28.081055&vpsrc=6&hq=road+and+saughtonhall+drive+junction&hnear=Corstorphine,+City+of+Edinburgh,+United+Kingdom&t=h&z=20&layer=c&cbll=55.944893,-3.250321&panoid=oyWJvcgcmwvM-Z263cgnNw&cbp=13,246.41,,0,-5.07

somethingcorporate

From your description of events it doesn't sound very 50/50 and you should fight it. Sounds all one way! If they didn't check their blind spot (and admitted to you that was the case) then they don't really have a leg to stand on!

spiro

If you were driving in a straight line and the damage is after your front wing then this indicates that the other car struck yours. I would print out a details map of the junction and mark up the position of all the cars and your direction. I would photograph the junction and the damage to your car. I would then send all of this to my insurance company and state that you were in no way at fault and that you are not prepared to accept 50/50.

I would also repeat they the other driving admitted you were in her blind spot and that she did not see you.

Were there any independent witnesses?

Quentin

gazzaw wrote: »

Insurance now trying to say 50/50 and knock for knock which I am not accepting and going to fight etc.

Who at your insurer has told you this? Maybe you need to escalate this to a claims manager (as "knock for knock" isn't something insurers do these days, and you may have spoken to the wrong dept about this).

gazzaw

Thanks so far, link sent via PM. I photographed everything I could incl both cars damage, google photos of junction etc. I have also gone for independent quotes -after the Insurance 'authorised repair centre' one.

I will need to try and recoup uninsured costs (excess etc) from 3rd party as well by perhaps sueing in small claims court, or even the Ins company re same on behalf of 3rd party.

Have been driving 35+ years and am an HGV1 driver. I also pass through this junction at approx same time every working day for past 10 years so know it very well when lights change, how sensitive cameras can be, cars turning right and queued etc etc.

gary

shaun_from_Africa

Insurance co's will always try to go 50/50, it's the only solution that they both profit from

The 50/50 solution shouldn't make any difference to the profit for the insurers in this case though as whoever they decide is to blame, they will be paying out regardless.

Originally Posted by gazzaw
Both myself and 3rd party are same ins company.

It's probably just they can't be bothered doing any investigation as they know that there is nothing in it for them.

Strider590

shaun_from_Africa wrote: »

The 50/50 solution shouldn't make any difference to the profit for the insurers in this case though as whoever they decide is to blame, they will be paying out regardless.

50/50 means they keep the excess AND get to hike the premiums of both policy holders.

shaun_from_Africa

Good point.
I forgot about those.

vaio

Strider590 wrote: »

50/50 means they keep the excess AND get to hike the premiums of both policy holders.

Nah, excesses will cancel out but you are right about the premiums.

Also, with 50/50 both drivers lose NCB

daveyjp

Fiat driver failed the basic for moving away form a stationary position or changing lanes - Mirror (s), signal, manouver.

If they didn't see you - negligence
If they did see you, why pull out?

Full statement from you including photos, measurements, speeds etc should see you on to a no fault accident. Also state that you are happy to proceed to Court.