insurance query

bobthebuilder69

Yesterday morning taking my usual commute to work someone hit the side of my car. Let me explain:

I was driving down the main road. My usual route lights on 8am. Im in the left carriageway on the main road infront of me some 300m infront a pedestrian crossing with traffic lights. To my left infront of my car a junction joining the main road with a giveway line. I stopped the other side of the junction leaving both carriage ways of the joining road clear when the pedestrian crossing lights turned red and a que of traffic was ahead of me, i left the junction to my left for traffic to continue flowing. Responsible driving I felt. I had stopped. There was a large van in the ajoining road to my left signaling right to cross my carriageway and join traffic flowing in the opposite cariageway. I made no gesture to them to proceed out no flash or wave I was stationery for 15/20 seconds. As the lights turned to green trwffic began to proceed towards me in the opposite carriage way thus impairing the vans proposed route, as the lights had turned green and my carriageway / route was flowing again so moved forward, to notice the van heading towards my car, I swerved to avoid the van but te van hit my rear quarter just before my back wheel and severly damaged my car (I have a smart car). The van had crossed the giveway line etc.

Exchanged details etc

Phoned my insurance to report the incident gave them al the details, 10 mins later I recieve a call from the other parties insurers asking me to get details of the cost of repair etc, I explained I had reported the incident and my insurers were handing it the third parties insurers asked me to provide them with the details of whom were undertaking the works as they may wish to pay them direct as to quote the insurer the third party had multiple policies and it would effect his premium.

Later that day I find out the other driver is claiming im liable as they assumed I had stopped and was letting them out they were not looking in my direction as they assumed I had stopped to let them out and were only looking at the traffic in the opposite direction.

My car was hit 3/4 along so I had moved some 25ft before I was hit, the van hit me not me him him. if I hadnt of swerved who knows the possibilities...

My issue is I say its 100% his fault he didnt look / check, am I correct.?


Cheers

Wh05apk

I think ultimately it will be down to the van driver, he hit you, because he "assumed" you were giving way, presumably he has no witnesses saying you were frantically flashing/waving?

bobthebuilder69

There were no witnesses and I didnt flash or wave.. I believe same as you..

InsideInsurance

I am confused by your description of the circumstances.

How many lanes were there in each direction on the main road? Where is the damage to each vehicle? I assume the damage to yours is on the n/s?

Assuming he emerged from the side road into your car as you passed then it would be 100% his liability unless he has witnesses to say you gave misleading signals and even then its only a split liability. Of cause if its more complex as you seems to suggest then would have to reevauluate

fivetide

I would say he's pulled out and clearly hit you. Nothing he can do about that. As for leaving the junction clear that is good driving.

The only thing I'd have been tempted to do is to let him go as he might have been stuck there for a while but there is certianly no responsibility on you to actually do so.

bobthebuilder69

Describing the road isnt easy l8l. Its a 2 lane road one lane either way I was in the left carriageway on the main road the van was in a sideroad intending to cross the carriageway I was in to proceed in the opposite direction to me. The van was on my left turning right. Van hit me with his front on my passenger side rear does that help.?

InsideInsurance

So it is a classic T junction accident.

TP failed to give way to a vehicle already established on the main road. TP 100% liable unless they can produce witnesses to say you gave misleading signals (split liability, they remain the majority to blame) or you intentionally staged the accident (your liability)

All accidents can take a bit of time to resolve but this should come out sensibly unless they fabricate witnesses or there were witnesses that you didnt notice

bobthebuilder69

No other person stopped traffic just carried on he pulled up off the road I pulled up behind, no one was seen or came forward. Fabricate witneses wouldnt that be fraud? Does the fact his insurers contacted me offering to pay not an ommision of guilt?

neilmcl

Who told you that the other driver is claiming that you're at fault?

Personally, I'd claim directly off the 3rd party insurer, so contact them again to see what the full story, get a quote for the damage and pass it on to them.

InsideInsurance

bobthebuilder69 wrote: »

Fabricate witneses wouldnt that be fraud? Does the fact his insurers contacted me offering to pay not an ommision of guilt?

Yes it would be fraud but fraud happens

No, even if you had an admission of liability in writing from them then it can be retracted should new information come to light - though in low value cases the courts look on this dimly, less of an issue in very large cases.

bobthebuilder69

My insurance copy told me he was claiming I was 50% liable as by stopping he assumed I was letting him out, big assumtion, his insurers words. But earlier that day his insurers wanted to pay to have the car insured, my read of the road traffic laws I read hes 100% liable. Just wanted others views