Car accident nightmare advice please

motivated

Hi all

I would like some advice if possible please.
My daughter who is 20 had a car accident last week and neither party is accepting liability. She has Third Party Fire and Theft insurance. Her insurance company were very unhelpful as they say it looks like she will be held responsible as the other driver said she pulled in front of him. My daughter has 2 independent witnesses who both say that the other driver was stationary at a zebra crossing to let a man cross with his dog. My daughter then went to drive across the junction when the other car swerved behind the pedestrian on the crossing and wheel spun into the side of my daughters car. (we have this gentlemans witness statement saying the driver nearly ran him down)
The police were called and covered all the necessary details etc.
We have gone to an accident management company and have discovered that the other driver now has conveniently come up with 2 witnesses that he didnt have at the time. What is confusing us is people have said it might go 50/50. what would happen if they write our car off.
My husband seems to think that the damage is repairable so can we buy it back and repair it ourselves?
sorry if this is not clear

Sgt_Pepper_2

So your daughter crossed a stop or giveway line and was hit by a third party?

McKneff

Was you daughter going in the opposite direction to the other car.

You make it sound as if both cars ended up moving while the pedestrian was in the middle of the crossing.

Please clarify

motivated

Yes she crossed because the other driver was stationary at the zebra crossing to let a pedestrian cross. I am beginning to think its a scam as he didnt even look at the damage on his car. After 10 minutes he was laying on the pavement saying he needed an ambulance.
The police who attended had already stopped previously to check that all parties were ok then they went off to an emergency that they were already going to.
Luckily the same police car came back and the policeman said he had already spoken to the other driver who seemed fine. The other driver didnt realise that it was the same police car that came back.

motivated

The other driver was on the main road and my daughter was going across the main road from a side road into the opposite road.

Sgt_Pepper_2

So she didn't giveway.

This is a 50/50 at best for her.

motivated

Thankyou for replying.
On paper it looks like it was her fault but she only crossed as the other car was stationary with someone on the crossing. What we were wondering was if it goes 50/50 which I think means she will only get half of the repair money and they write her car off can she buy her car back and pay for her own repairs.
The damage is passenger door,wing,bumper,light and wheel. its only an 04 plate fiesta valued at £2000 but she loves this little car.

Joe_Horner

Sgt_Pepper wrote: »

So she didn't giveway.

This is a 50/50 at best for her.

If he was stopped for a pedestrian on the crossing then she may not have needed to give way. On a zebra crossing the other driver was not entitled to move until the pedestrian was CLEAR of the crossing which could well have given her time to safely emerge.

If there are witnesses that he moved onto the crossing while the pedestrian was still on it (as the OP suggests) then he's in the wrong regardless of which road he was on.

Sgt_Pepper_2

Joe_Horner wrote: »

If he was stopped for a pedestrian on the crossing then she may not have needed to give way. On a zebra crossing the other driver was not entitled to move until the pedestrian was CLEAR of the crossing which could well have given her time to safely emerge.

If there are witnesses that he moved onto the crossing while the pedestrian was still on it (as the OP suggests) then he's in the wrong regardless of which road he was on.

And once he was clear of the crossing?

A link to streetview may help.

motivated

Thankyou
He conveniently has materialised 2 witnesses lol. We also have 2 witnesses one of whos details were given to the police at the scene.
The other car was drivable but my daughters had to be recovered, it was undrivable because of the damage to the wheel.

thegirlintheattic

Unfortunately if DD was coming from a side road onto the main road she'll be found at fault (or in the best case 50/50).

I had a crash a while back. A mate of mine was following me to the garage to give me a lift back. We got separated in traffic so I pulled over into a loading bay to wait for her to catch up. There are three lines of traffic on this road and just past where I stopped was where they all go in different directions, you get in the wrong lane you end up having to go round a one way system. My mate comes along and stops to let me out, I pull out, get pretty much completely out and straighten up and out of nowhere this car comes across and hits my wing. I had two witnesses both saying this other car came across two lanes of traffic at the last minute to get into the lane I was in, and confirming I was in the lane when the crash occurred. Unfortunately as I had pulled out from the loading bay, no matter that when the crash happened I was fully on the carriageway I ended up taking all the fault on a technicality. I was not impressed. So it's just the way it goes sometimes.

Does your DD have photos of the damage and a written police report that says the third party was fine? I'd be extremely careful the TP doesn't start claiming more damage or whiplash.