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Knocked over and car hit. 3rd party now denying liability.
Hi all, just after a bit of help!
In early December, I pulled up in a relatively large layby and got out of my car to make a call. It was not frosty, wet or foggy, and as it was dark, I left lights on on my car to ensure it was visible.
I was standing up at the front of my car when another vehicle came skidding towards me, knocked me flying and hit my car head on, drivers front corner to drivers front corner. How the driver managed this I do not know, I was parked facing the oncoming traffic, so she actually hit the corner of the car furthest from the road. She must have been doing at least forty MPH, as my car was pushed several metres backwards and sideways by the impact. I was lucky enough to avoid any broken bones.
Anyway, a couple of vehicles stopped, the police attended and an ambulance came to check me out. I refused a trip to A&E as all I wanted was to get myself and my 14 month old, who had been in the car at the time of the collision and was absolutely hysterical home.
We were both breathalysed, the police did our detail exchange for us and gave us an incident number, and our respective husbands turned up and picked us up. I returned to retrieve my vehicle the next morning, and made sure I took some photos of the scene before she could have her car removed.
My car was a write off (I expect hers was too, as it was missing the front end after the collision) and my insurance company agreed a settlement with me and sorted a courtesy car. I am still waiting, however, for my excess to be returned to me and for my NCB to be reinstated.
It is now several weeks later and after much badgering, my insurance company have finally managed to get something out of the third party insurer. I had a phone call with my insurance today in which I was told that the third party insurance wouldn't disclose the exact story the third party had given them, but that it was "similar" to my version of events. The word "similar" rather than "the same" worries me. The more worrying part, though, is that apparently the third party is denying all liability - quite how she expects to wiggle her way out of it when she hit a legally parked car I don't know, but there we are.
My insurance have said they are giving her and her insurance two weeks in which to get their act together, basically, but what I am lost on is what happens next? Should I be doing something? I need my NCB and I need my excess back, as it has been incredibly difficult to replace my car like for like and I've had to overspend somewhat to replace it (it was a bit of a classic and finding one in equal condition for the right price was impossible).
Has anyone any experience of anything similar? I've never had to make a claim before and it seems like the third party is going out of their way to make life difficult.
HELP!!!
In early December, I pulled up in a relatively large layby and got out of my car to make a call. It was not frosty, wet or foggy, and as it was dark, I left lights on on my car to ensure it was visible.
I was standing up at the front of my car when another vehicle came skidding towards me, knocked me flying and hit my car head on, drivers front corner to drivers front corner. How the driver managed this I do not know, I was parked facing the oncoming traffic, so she actually hit the corner of the car furthest from the road. She must have been doing at least forty MPH, as my car was pushed several metres backwards and sideways by the impact. I was lucky enough to avoid any broken bones.
Anyway, a couple of vehicles stopped, the police attended and an ambulance came to check me out. I refused a trip to A&E as all I wanted was to get myself and my 14 month old, who had been in the car at the time of the collision and was absolutely hysterical home.
We were both breathalysed, the police did our detail exchange for us and gave us an incident number, and our respective husbands turned up and picked us up. I returned to retrieve my vehicle the next morning, and made sure I took some photos of the scene before she could have her car removed.
My car was a write off (I expect hers was too, as it was missing the front end after the collision) and my insurance company agreed a settlement with me and sorted a courtesy car. I am still waiting, however, for my excess to be returned to me and for my NCB to be reinstated.
It is now several weeks later and after much badgering, my insurance company have finally managed to get something out of the third party insurer. I had a phone call with my insurance today in which I was told that the third party insurance wouldn't disclose the exact story the third party had given them, but that it was "similar" to my version of events. The word "similar" rather than "the same" worries me. The more worrying part, though, is that apparently the third party is denying all liability - quite how she expects to wiggle her way out of it when she hit a legally parked car I don't know, but there we are.
My insurance have said they are giving her and her insurance two weeks in which to get their act together, basically, but what I am lost on is what happens next? Should I be doing something? I need my NCB and I need my excess back, as it has been incredibly difficult to replace my car like for like and I've had to overspend somewhat to replace it (it was a bit of a classic and finding one in equal condition for the right price was impossible).
Has anyone any experience of anything similar? I've never had to make a claim before and it seems like the third party is going out of their way to make life difficult.
HELP!!!
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Comments
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Was it legally parked?
i.e. You didn't have to cross a no U-turns to get to the lay-by?
Perhaps... that is her defence.... it was a no U-Turn therefore your car couldn't have been facing that way?
I have heard of cases where cars are parked the wrong way without lights and the insurers have then argued. Perhaps someone is a legal professional in the family and is trying some way to avoid blame?
Sorry, nothing specific to add except you might check it was TOTALLY legally parked and such and try and find out what her stroy is and why she isn't admitting liability?0 -
What was the speed limit on the road, it is an offence to park at night on the wrong side of the road on some roads.
If your lights were left on as well, they would dazzle the other driver.
hardly surprising they are denning liability.
If you were committing a traffic offence you could be found 100% liable.Be happy...;)0 -
Nope, there is nothing to stop anyone crossing the road at that point and parking in the layby, and I left sidelights on so as to be visible but not dazzle. The police were satisfied when they attended the scene that I was not causing a traffic offence, so I'm sure I'm ok on that front.
What my dad has suggested is that her insurers might have advised her to deny liability in order to avoid a potentially huge payout for hitting me, a pedestrian.
Arrgh!0 -
You'll be fine, it's normal for scummy (all) insurers to try their luck first.0
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Was it legally parked?
i.e. You didn't have to cross a no U-turns to get to the lay-by?
Perhaps... that is her defence.... it was a no U-Turn therefore your car couldn't have been facing that way?
I have heard of cases where cars are parked the wrong way without lights and the insurers have then argued. Perhaps someone is a legal professional in the family and is trying some way to avoid blame?
Sorry, nothing specific to add except you might check it was TOTALLY legally parked and such and try and find out what her stroy is and why she isn't admitting liability?
What does that matter?
There is no defence to hitting a stationary vehicle.0 -
What does that matter?
There is no defence to hitting a stationary vehicle.
In this case, definitely not - she came off the road at speed into a layby - if she hadn't hit me and my car, she would have gone straight through the hedge.
Really not happy about the whole situation, though. If she continues to deny it, presumeably it'll be taken to court? Do I have to attend if so?0 -
Nope, there is nothing to stop anyone crossing the road at that point and parking in the layby, and I left sidelights on so as to be visible but not dazzle. The police were satisfied when they attended the scene that I was not causing a traffic offence, so I'm sure I'm ok on that front.
What my dad has suggested is that her insurers might have advised her to deny liability in order to avoid a potentially huge payout for hitting me, a pedestrian.
Arrgh!
Ahhhh.....
Perhaps she's claiming you had full beam on???
However.... if the lights were broken while on then that should be easy enough to disprove.... if the glass broke on either then the element can be seen to have either burned out due to air or not ....
Have to say though... what a scummy move and I guess you'll be fine!
Not quite true... there are some defences .. just in weird circumstances like stopping right around a blind bend at night with no lights on or deliberately stopping for no reason and with no indication.There is no defence to hitting a stationary vehicle.
The car facing the wrong way and no sidelights can also be used (or so I heard) to split liability. Hence insurers win twice in premiums and NCB.0 -
Probably because it was poor visibility and you were parked facing on coming traffic on the wrong side of the road with your lights on.
You have done yourself no favours by making the point of having your lights on parked against on coming traffic, the police wont be paying the insurance claim.
You might be lucky, but do not dispel what I have written, research it and prepare for the storm that may blow in, you may not see it this way but I am trying to help you.
Your defence would be it was a 30mph road or it was a designated parking spot, ie had a line painted to the edge of the lay-by separating it from the carriageway .
So be prepared
CUR reg 101 & RVLR reg 24Be happy...;)0 -
As a witness maybe but insurers don't like going to court. Just let the insurance companies work it out and see what happens.In this case, definitely not - she came off the road at speed into a layby - if she hadn't hit me and my car, she would have gone straight through the hedge.
Really not happy about the whole situation, though. If she continues to deny it, presumeably it'll be taken to court? Do I have to attend if so?:footie:
Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0 -
Ahhhh.....
Perhaps she's claiming you had full beam on???
However.... if the lights were broken while on then that should be easy enough to disprove.... if the glass broke on either then the element can be seen to have either burned out due to air or not ....
Have to say though... what a scummy move and I guess you'll be fine!
Sadly it would be impossible to prove by that method - the lights on the drivers side were utterly mashed by the collision, and my car has now been taken off to the great scrapyard in the sky.
I'm probably overthinking and overworrying about all of this, but it's all a bit daunting and horrible when you've never had to deal with insurance before!
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