Who's to blame for collision?

InsideInsurance

Insurance companies frequently have to deal with the case of where they are both the First Party's and the Third Party's insurer. Most are good about this and have well developed processes to create chinese walls to not disadvantage their insureds, though I am sure not all are as good as each other.

For all intents and purposes it is treated identically to as if the third party's insurer was an external company. Back in my claims day you would even still post letters, claim forms etc etc to the other file handler rather than having informal chats at the water cooler etc.

gazzaw wrote: »

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.

You could not sue their insurance company for the damages caused in the accident or your uninsured losses. You would sue the TP and the TPI would answer the summons.


The one thing you dont mention is if either lane has any road marks to indicate that it is a filter lane or such (ie is left lane for left turns only). Google Maps doesn't appear to show anything that would go against you though a few road markings do appear to have been obliterated by roadworks or are potentially covered by vehicles in the images.


Assuming road markings dont put you into having done something wrong then the circumstances would hold the third party fully to blame. The problem in these sorts of cases is the third party may report the circumstances as being something very different to yours.

When you get one persons word against another you have to look at the damage, witnesses or any other evidence to support either version of events.

If that leaves things unclear you have to decide who is the court going to believe? Or is the truth actually something that neither party are saying? The classic example of this is a narrow lane collision where both say they stopped and the other party was still moving but the court decides actually both braked but neither stopped. Who the court will believe can come down to middle age woman with small children in car -v- youngster in hot hatch with 5 drunk mates in the car.

If there is no "clear winner" in all of this then the insurer will often propose a 50/50 settlement because when you balance all the hundreds of thousands of cases where it could go either way it should work out about average and it avoids the legal fees involved in court.

Stick to your story, say you do not except the split and wait to hear the third party's allegations.

gazzaw

There are road markings but the google photo doesn't show them very well- the left hand lane has an arrow ahead and to left and the right lane shows same going to right. I will stop (after indicating and making sure it is safe to do so lol) and take an updated photo of road

About 100m back from the junction there is a bus lane ending and the arrow is a two headed one going straight ahead and the other head moving into the LH lane etc

johnfarquhar74

gazzaw wrote: »

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

Without a doubt I would challenge the 50/50 issue, however, I would say you have been rather unlucky and if you know the junction as well as you say you do then you'd agree that

i)Traffic doesn't often queue here to turn right as most right turning traffic, when coming from the east, turn right at Murrayfield Road, and
ii) You managed to pass on the left hand side at the junction, this is nothing short of a miracle as generally there is always parked cars outside the chip shop/chemist that prevent you from doing so, even when the greenways/red lines are enforced!

gazzaw

Quite agree re lucky at the junction but most days at 4ish the inside is usually clear - but earlier can be busy, once the bus lane kicks in at 4 this tends to clear the cars away as the local wardens/scooter cops do their rounds. Saying that, if the lane is clear I tend to keep left anyway and prepare for the quick light changes coupled with the light jumper camera and after that, as you may know, is the speed cameras which always seems to be active (although facing towards you on way up the rise).

Road markings for going ahead, keeping left, proceeding on a clear carriageway with cars turning right - my keeping within the highway code and trying to be observant etc - hopefully means I am doing no wrong

gazzaw

Update since last post. 3rd party finally got in touch with insurance company and counterclaimed I was driving and hit them. Bit hard on a clear lane to move into one with a queue going right when I was going straight ahead. If I had hit her the damage would have been more severe and different angle etc and why would I move into a lane with a car level with my mirror and door?

Looking at forensic/accident investigator but this could get costly and I am not at fault and will not change or compromise on the truth.