Car accident nightmare advice please

rdr

JQ. wrote: »

I don't know Dagenham, but from Google streetview it would appear if the other car was stationary behind the Zebra crossing then they'd have had to launch themselves at WARP speed to T-bone your daughter. Sounds like she miss-judged the crossing. I certainly can't see how it could be the other driver's 100% fault and I wouldn't be surprised if ended 100% with your daughter. However, I'm no expert so could be completely wrong.

I'm quite a trustworthy character, but many many many years ago, when only 18, I crashed my father's car and my description of the accident to my father was somewhat different from reality.

Streetview link

If the incident happened as your daughter says, the other driver was either a complete nutter or did it on purpose. In either case the police should be interested and your daughter should get everything off his insurance (if he really has any).

Quentin

As she has no cover for her own car, then your daughter needs to be pursuing the third party now in the hope of at least getting something towards the cost of repairs. (Or a percentage of the value if it is a write off)

pendulum

rdr wrote: »

Streetview link

The junction is very close to the zebra crossing then.
I can see how the emerging driver may assume a car would stop for a pedestrian on the zebra, and pull out, but it's going to be the emerging drivers fault if the car coming along the main road doesn't slow or stop as expected.

somethingcorporate

Assuming they were both stopped (one at junction, one at crossing) they must have left at roughly the same time. Your daughter had to give way to traffic on the main carriageway and she failed to do so.

IMO she was at fault.

Throbbe

I had a similar experience, not with a zebra crossing, but with a driver undertaking me in a bus lane as I turned left into a side road.

Full of moral indignation I refused to accept any liability until 3 years down the line we ended up in front of a judge, who gave a split liability decision anyway, although biased towards me.

In hindsight I wish I'd spent my time and energy on something more productive, but the amounts involved were less significant.

motivated

Just an update really.
According to our accident management compant the other driver has no witnesses and apparantly he hasn't informed his insurance company. Also we have had a police letter saying we have to fill it in. It states that after an accident they need all of the details but it says
'Regarding the above accident pending police enquiries'
Any ideas as to what this means?
Also they have said that my daughters car will be a total loss
Thanks for any advice

Quentin

motivated wrote: »

Also we have had a police letter saying we have to fill it in. It states that after an accident they need all of the details but it says
'Regarding the above accident pending police enquiries'.....

If the police are looking into the incident it seems they may think that an offence may have been committed. If someone gets convicted of a motoring offence, then this can be helpful to the other side regarding liability (though not necessarily conclusive!)

motivated

motivated wrote: »

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

Another update sorry
The other driver did not in the end have any witnesses etc and my daughters car has been written off (cat c)
The accident management company have said that the third partys insurance are looking to accept liability even though the driver isnt.The accident management company have said she will get £2.350 from the third party which is more than she paid so no worries there however my question is this. Does this mean that our insurance company (Diamond) will not have to pay anything and this will not affect my daughters policy,NCB etc?
I received an email from them stating that 'it looks like its her fault and we will mend his car accordingly' Should I contact them because we have used another company.
We have also had to complete police forms etc saying RE accident which is subject to police enquiries (a little concerned)

Appologies if this is confusing

Quentin

Assuming your claim handler is correct, then this won't impact her NCD.

She will have a (no fault) claim on her record to declare in future, and future premiums may be affected, but nothing will happen on that score till renewal time.

motivated

Originally Posted by 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
UPDATE PLEASE HELP
My claim is still in dispute we have 2 independent witnesses the third party has none.


UPDATE
I telephoned our accident management company and have been informed today the Diamond Insurance had made a no predjudice payment to the third party therefore we cannot pursue our claim any further and our NCB etc will all be affected in future. I telephoned Diamond who confirmed this.

I have had no letters,emails or telephone calls regarding this and said I wanted to make an official complaint as it is still in dispute. I was then told by someone else at Diamond that no payment had been made as of yet. (dont know who to believe)
My question is can Diamond do this as we have used an accident management company and we have not been informed at all about any of this.

Any advice please

My daughter has been upset all day as if this is the case she has lost out on everything. The other driver gets it all including claiming for imaginary injuries.

I am worried sick that Diamond have paid out and are now trying to fob us of for the moment.