Car park insurance claim, non-reversing

AK91

Hi All,

Thanks for taking a look at my thread, I'd appreciate all the help I can get!

I'm a 20 year old car owner, and got my first (current) car last year (when I was 19). It's the first time I have taken out car insurance and it cost an absolute bomb! £2000+!!!

Last year (September 2011) I was inolved in a car accident in a car park. I drove into the entrance of the car park and carried on driving down the lane. The car park was full so I decided I'd just drive to the far end of the car park where there'd be places. As I was driving I saw a car at a junction which was completely stationary. I continued driving after seeing no road markings, signs or any other indication that I had to stop and/or give way. While driving over the junction, all of a sudden I was hit in the drivers side door by the car that was just stationary (It drove into me). I immediatley pulled up at a safe location to exchange details when I was approached by someone that offered their details to me to be a witness which I accepted.

I'd like to make it clear that I saw the car at the junction at a distance and did not stop at any point because there where no markings and because the car was stationary the whole time.

Now the case is still going on and my insurance company wants to settle it as split liability which I am completly against! The other drivers insurance company are holding me liable because they say that she had right-of-way. However, there were no road markings and it was an unmarked junction. The independant witness has also written in supporting my case, I know this because my insurance company told me. After searching around the internet I came accross the highway code which states the following. "in side roads and country lanes look out for unmarked junctions where nobody has priority".

I have informed my insurance company that I want to take it to court and hold the other driver liable, they informed me that the other insurance company wants to take me to court to hold me liable. They also said that they don't see any benefit in me taking it to court.

My question is that is it worth going to court over, was I in the wrong? Do I have a strong case? What is the expected outcome be?

I think I've provided most of the details, of anything else pops into mind i'll let you know.

Thanks in advance!

property.advert

You have to separate the issues of liability from insurance from business in your head.

The liability is either yours, theirs or shared. This has nothing to do with insurance.

Insurance only steps in because it is compulsory and because most people cannot sort stuff like this out themselves.

The business of insurance is not aligned with your best interests. In their interests is to settle as cheaply as possible and fighting a case is expensive, probably more than the cost of the claim. However, there is nothing to stop you putting the other party in court for a judgement if you want to. I know I sure as hell would not let my insurer fob me off with some bodged assessment where the only real loser is you.

neilmcl

When you took your driving lessons/test did knowbody mention that at junctions, you give way to your right! Maybe the car was stationary because the other driver was expecting you to stop. Regardless you are supposed to be aware of the hazard.

At the very least this sounds like a 50/50 if not fully your fault.

spiro

From the way you have written it I take it the carpark has a entrance road that then continues the length of the carpark with lanes to the left or right like this (http://maps.google.co.uk/maps?q=sg1+4dq&hl=en&ll=51.903583,-0.205548&spn=0.002661,0.006958&sll=53.800651,-4.064941&sspn=20.962184,56.99707&safe=on&hnear=Stevenage+SG1+4DQ,+United+Kingdom&t=h&z=18). If that is the case and they were coming out of one of the lanes then they are at fault. Did you take any pictures at the time to support your case.

System

neilmcl wrote: »

When you took your driving lessons/test did knowbody mention that at junctions, you give way to your right!

What? maybe on roundabouts.
I read it that it was a T Junction. If no markings then all legs of the junction have equal priority and drivers must take appropriate care while traversing the junction.

mattyprice4004

A little bit of a tangent I know, but if a claim was made where party X was at fault and party Y were not, if the insurance did go for a 50/50 split could party Y take party X to court?

I know the insurance companies could, but would the small claims court (for example) be useful in such a situation?

Quentin

Yes, you could sue anyone you believed owed you money via the small claim court, but bear in mind that any court claim would get passed on to the insurer to deal with/defend on behalf of their insured, and would show the court that 50/50 liability had already been agreed.

AK91

Thanks for all your replies!

@ Neilmcl - I don't believe that's completly true, however, I will be contacting my driving instructor to see if he can shed some light on it. Also According to the highway code as previously quoted, "in side roads and country lanes look out for unmarked junctions where nobody has priority". As it was an unmarked junction, according to the above statment, nobody has priority.

@Spiro - Yes it was an entrance road that continues the length of the carpark. I believe the junction was a "T Junction" also.

@!!!!!! - Yes it was a T Junction and I though the exact same, do you remember where you read about it?

I tired to add a link to an image of the carpark, but I'm not allowed

Once again thanks for all your replies I really do appreciate them!

System

AK91 wrote: »

@!!!!!! - Yes it was a T Junction and I though the exact same, do you remember where you read about it?

Highway Code and of course common sense.

146

Adapt your driving to the appropriate type and condition of road you are on. In particular

• do not treat speed limits as a target. It is often not appropriate or safe to drive at the maximum speed limit
• take the road and traffic conditions into account. Be prepared for unexpected or difficult situations, for example, the road being blocked beyond a blind bend. Be prepared to adjust your speed as a precaution
• where there are junctions, be prepared for road users emerging
• in side roads and country lanes look out for unmarked junctions where nobody has priority

But the bit in red applies to ANY road,

This is why insurance company are pushing for 50/50 as neither side appear to have used caution at the junction and are equally culpable.