Car Accident - Is this my fault?

alexinessex

I was most upset as it was the day of the London Marathon and the weather hot. She skidded at least four car lengths into my parked car and then said straight away she was going at 25mph. She had no idea I took pictures so her fibbing about me reversing out into her path backfired. It was only after me chasing my insurance company five weeks later about the claim did my insurance company change their minds and say it was my fault and to basically shut up or they would not settle the claim.

alexinessex

Are you a named driver on your partners insurance?
Yes (but my insurance dealing with it as me as a DOC benefits)

Was the car you were driving at the time damaged by the accident?
Not touched

How far onto the pavement or road were you?
Honestly, two wheels into road. Her car is the last shape A class Merc so no bonnet really.

Were there any witnesses?
No

Did you take any pictures of skid marks?
No skid marks but car lengths can be worked out from the picture
Also she lost control more than skidded

Tigsteroonie

I would have thought this is a case of the 3rd party crashing into your parked car - so you claim on your own insurance, not through your girlfriend's insurance as her car was not damaged.

Then it comes down to a question of who/what distracted the 3rd party. I don't understand this idea of proximate cause - if a helicopter distracted her, would the pilot become embroiled in the claim? Her insurer is arguing you caused the accident by your presence, I would expect your insurer to argue that your presence was irrelevant and she was driving without due care and attention (i.e refuting the proximate cause basis).

dacouch

alexinessex wrote: »

Are you a named driver on your partners insurance?
Yes (but my insurance dealing with it as me as a DOC benefits)

Was the car you were driving at the time damaged by the accident?
Not touched

How far onto the pavement or road were you?
Honestly, two wheels into road. Her car is the last shape A class Merc so no bonnet really.

Were there any witnesses?
No

Did you take any pictures of skid marks?
No skid marks but car lengths can be worked out from the picture
Also she lost control more than skidded

You mention "Your parked car" was damaged, did you have a car parked on the road that was damaged?

If you're a named driver on your girlfriends policy then they should deal with any claims, your own Insurer will almost certainly contain a clause to the effect that the driving other cars cover is not operative if you're more specifically insured elsewhere eg you're a named driver on the car you were driving.

You can check this very easily by looking at your own policy which will have a section titled "Liability" or "Liability to others". It will have a subsection for "Driving other cars" I would be very very very surprised if it does not say the cover is not operative if you're more specifically insured elsewhere

alexinessex

"Whether or not his positioning in the road caused the accident is entirely irrelevant if he has not been negligent"

With no witnesses and just my pictures I dont quite understand how I can prove this point to defend myself?

alexinessex

Tigsteroonie... Its my insurance company that has changed its mind and says Im to blame I actually have no idea if the other side have stated "Proximate Cause"

Tigsteroonie

dacouch wrote: »

If you're a named driver on your girlfriends policy then they should deal with any claims, your own Insurer will almost certainly contain a clause to the effect that the driving other cars cover is not operative if you're more specifically insured elsewhere eg you're a named driver on the car you were driving.

But the girlfriend's car wasn't damaged. It was the OP's own car, parked on the road, that was damaged. His girlfriend's cover for him as a named driver on her car wouldn't cover that.

alexinessex

You mention "Your parked car" was damaged, did you have a car parked on the road that was damaged?

My car was parked. When she lost control/skidded four car lengths she hit it.

If you're a named driver on your girlfriends policy then they should deal with any claims, your own Insurer will almost certainly contain a clause to the effect that the driving other cars cover is not operative if you're more specifically insured elsewhere eg you're a named driver on the car you were driving.

They just said they would deal with it if I agreed to accept liability as my girlfriends insurance company said my girlfriends car was not hit so would not open a file/claim

Its here my insurance company almost blackmailed me because they said they would walk away from the claim (apart from my parked car being hit) and they said my girlfriends insurance company would not accept a claim as her car was not hit. So the other partie would have no choice to take me personally to court and I would lose. She stated in EVERY case that came to court the person in my position lost

Crazy_Jamie

alexinessex wrote: »

With no witnesses and just my pictures I dont quite understand how I can prove this point to defend myself?

The pictures will be very useful evidence in that regard in order to show your positioning in the road at the time of the accident.

nobbysn*ts

alexinessex wrote: »

............Honestly, two wheels into road. Her car is the last shape A class Merc so no bonnet really. ....................

That would probably be enough to be honest. The other driver was coming down the road, you stuck the nose of the car into the road in front of her, she braked and lost control, hitting other cars. She wouldn't have hit the cars if you hadn't started to pull out. However, I would expect your girlfriends car insurance to foot the bill, as you were a named driver on her policy.