Minor accident - advice needed (insurance)

goomba

We've both contacted insurance. Unfortunately he has a text from me saying I agree to pay the money, I wasn't thinking straight I never went through with it, but insurance may take that into account. I didn't admit to fault in any text although it does sort of amount to the same thing. I have the cyclist as a witness but he didn't respond to me until today, he's said I was in the right and agrees with my version of events. The other driver has lied and said he has a witness, he actually called him after the incident and he arrived a few minutes later.

GoldenShadow

goomba wrote: »

We've both contacted insurance. Unfortunately he has a text from me saying I agree to pay the money, I wasn't thinking straight I never went through with it, but insurance may take that into account. I didn't admit to fault in any text although it does sort of amount to the same thing. I have the cyclist as a witness but he didn't respond to me until today, he's said I was in the right and agrees with my version of events. The other driver has lied and said he has a witness, he actually called him after the incident and he arrived a few minutes later.

I'm pretty sure unless a witness is independent, as in you don't know each other, then their point of view can't be used or has to be very selectively. I would think your independent account would be worth more?

harveybobbles

Does seem quite spacious for mergeing.

http://goo.gl/maps/yCsYb

You could ask B&Q if they have any cameras pointing that way.

goomba

The road sign on that street view shows that the left lane merges into the right so I guess I have priority. That's how I've always perceived it and how it's worked out on this road because the cars in the left lane have a wider turn. With the cyclist backing me up I'm quietly confident and hopefully he's found out for lying about his witness.

Does anyone know if a text saying I would pay the money would count against me, if I didn't actually go ahead and hand over any cash?

sh0597

It might look like you thought you were liable else why would agree to pay? But probably not that important as you have a witness etc.


I do suspect it'll go 50/50 though in terms of liability.

goomba

Yeah I really don't know why I sent that text, it was stupid. It's the first time I've been involved in an accident and panicked a bit, in a moment of madness just thought to get it sorted and pay the cash. When the cyclist got back to me and basically said 'you were in the right and I'll back you up' I came to my senses. Hopefully the fact that no money was exchanged and nothing was signed is more important.

Richard53

You said earlier that the other driver was quite aggressive and demanded cash from you. You are not by nature an aggressive or assertive person, and you felt browbeaten into complying. That seems reasonable to me, and might do to your insurers too.


What I am saying is, the offer to pay looks a bit like an admission of liability, unless there was another reason why you did so. Aggressive man, lying about his witness - all this is in your favour.

Quentin

goomba wrote: »

.... When the cyclist got back to me and basically said 'you were in the right and I'll back you up' I came to my senses. Hopefully the fact that no money was exchanged and nothing was signed is more important.

Make sure your insurer is aware of the text you sent, though even if you fully admitted liability it means little as it is down to your insurer to deal with the liability issue.

(Don't ever make any admission yourself - you breach your policy ts + cs by doing so)

(The opinion of your witness doesn't count either - it's only what he witnessed that will be taken into account)

OnanTheBarbarian

From what I can see in the street views, it looks to me as if your lane merges into the left, judging by what the central chevron area achieves.

can you point out how far along the road the collision took place after the traffic light junction?

Also, what part of your car made contact with the other party?

The text agreeing to pay for his repairs, whilst not being an outright liability admission, is not good for you and certainly would be admissible in evidence.

Personally, I think you are going to struggle on this one, but your insurers will have the final say as they are the ones with the cheque book, unless you agree to pay him the £500 "without prejudice in full & final settlement of all claims arising out of this incident".

Stoke

I would say the text was sent under duress.

Are you a young driver? Anything from 17-21 I would say is a young driver. If so, you can say you felt intimidated by the whole situation and when the 'phantom' witness arrived, you felt fearful for your safety (you would be surprised how many car accidents turn violent after family members or friends arrive later on). I would say that you felt completely intimidated by the whole situation and the worry caused you to make a mistake. Sending a text soon after an accident would not be considered an admission of guilt in my opinion. It's fair to say that nobody thinks straight in the immediate aftermath of an accident. You should definitely inform your insurance that under duress, you felt compelled to send the message but after reviewing Google Street Maps and speaking to a cyclist, you completely retract that agreement and want to challenge it.