Car Accident - Is this my fault?

alexinessex

Nobbysn*ts... Exactly as you say it is how my insurance company now see it... must point out for five weeks saw it my way! But my point and need to now find a legal baring? is that equally, "So the but for case in this, is that but for the drivers speeding/lack of concentration/hazard perception the crash would not have happened." In all honesty, I saw her. I stopped. She was driving so fast so skidded/lost control past me, not hitting me and hit a parked car (happened to be mine) So why am I held at fault. Someone mentioned previously, what if she saw a helicopter and lost control of her car and hit a parked car. Is it the helicopter pilots fault? She did not crash into the car I was driving and traveled some distance to hit a parked car. that is lack of control/speed of a vehicle?

ROY47

Can I ask one question please ?
Is this topic a wind up ?
Because it doesn't half look like it

Read the topic properly , this persons insurance company may as well be saying it's your fault for being born !

If you hadn't been born , you wouldn't have been in your girlfriends car etc.

If it's not , then if I am in my house with my car parked in my drive and a neighbour reverses out of his drive too fast careers down my drive,crashes into my car it's MY fault for leaving my car on my drive !!


If that is how insurance is going , they will never pay out for anything ever again .

nobbysn*ts

alexinessex wrote: »

Nobbysn*ts... Exactly as you say it is how my insurance company now see it... must point out for five weeks saw it my way! But my point and need to now find a legal baring? is that equally, "So the but for case in this, is that but for the drivers speeding/lack of concentration/hazard perception the crash would not have happened." In all honesty, I saw her. I stopped. She was driving so fast so skidded/lost control past me, not hitting me and hit a parked car (happened to be mine) So why am I held at fault. Someone mentioned previously, what if she saw a helicopter and lost control of her car and hit a parked car. Is it the helicopter pilots fault? She did not crash into the car I was driving and traveled some distance to hit a parked car. that is lack of control/speed of a vehicle?

Your problem is it's going to be impossible to prove anything. Hazard perception, or her lack of it doesn't really come into it. By definition, if you weren't a hazard, she wouldn't need any. You admit you stopped with your wheels on the highway, so again, by definition you pulled out in front of her. You can't prove she was speeding. I think the insurer has realised no matter what, they won't be able to fight your case and reasonably expect a win, so they're cutting their losses. And as for the helicopter, if it attempted to land on the road in front of her, but then pulled up with enough space for her to drive under, but she braked and crashed, yes, the helicopter pilot would be held accountable.

alexinessex

Roy47 not sure you have read properly what people have been saying.
I was involved in an incident/accident where my parked car was hit and the other driver said its my fault as I was pulling out/going to pull out and my insurance company agree. Not me, my insurance say its my fault because of "Proximate Cause" and below kindly its been stated what proximate cause is. And its why Im on here trying to find opinions and even legal bearing so I might be able to take on my insurance company. At the end of the day I lose my no claims, which is costly in this day and age. So no not a wind up!

Tigsteroonie

Can I pose a hypothetical (but similar) situation to those trying to respond?

Your car is parked on the road. Third party is driving down the road. 4th party (ie someone else completely unrelated) noses out of their drive, causes the third party to become distracted and crash into your parked car.

Is the 4th party involved in the insurance claim? Chances are that once the road was clear, they finished pulling out and drove off the other way without even realising that their action (nosing off the drive) had precipitated an accident. You might not even know who they are, they could have been visitors/workmen. Would either insurance company (yours or the third party) try to claim from this 4th party?

nobbysn*ts

I would say no matter what happens, you lose you no claims. At best it would be a split liability, if you had stopped before getting the wheels on the road it would be different. I can also understand why your insurer if paying. Your girlfriends insurer won't pay for your car, your girlfriends car wasn't damaged, if you are liable they would have to pay for the third party damage. The third party has pursued your insurers, and you will be making a claim for your own car on your fully comprehensive policy. You may find your insurers try to claim the third party costs back from your girlfriends insurers though.

Aretnap

nobbysn*ts wrote: »

However, I would expect your girlfriends car insurance to foot the bill, as you were a named driver on her policy.

The girlfriend's car insurance should cover the damage to the other driver's car (assuming the OP is liable).

However it won't cover the damage to his own car - his GF's policy doesn't cover his car, and he can't make a third party claim for damage to his own property (basically because that would boil down to sueing himself for negligence, which he can't do). So for the damage to his own car he either has to claim on his own policy (if fully comp) or claim against the other driver (if he can show that she was at fault). Or foot the bill himself.

Can't see how driving other cars cover is relevant though.

nobbysn*ts

Tigsteroonie wrote: »

Can I pose a hypothetical (but similar) situation to those trying to respond?

Your car is parked on the road. Third party is driving down the road. 4th party (ie someone else completely unrelated) noses out of their drive, causes the third party to become distracted and crash into your parked car.

Is the 4th party involved in the insurance claim? Chances are that once the road was clear, they finished pulling out and drove off the other way without even realising that their action (nosing off the drive) had precipitated an accident. You might not even know who they are, they could have been visitors/workmen. Would either insurance company (yours or the third party) try to claim from this 4th party?

Yes, but obviously they would need to know who it was to pursue them, they couldn't pursue an unknown 4th party. And it also depends on "distracted" Staring down the drive as they approach from a distance, simply as you like the look of the carcar ,no. pulling in front of you making you brake and swerve, yes.

DUTR

alexinessex wrote: »

I was pulling out of my girlfriends drive, to turn left into her road, which is a side road. There were two parked cars opposite each other in the direction I was going to turn. I stopped as I saw a car coming. The car was going so fast, as it past the parked cars, the young driver slammed her brakes on after seeing me, she skidded past the car I was driving (not touching us) and crashed into a parked car which happened to be mine.

My insurance company told me its my fault as had I not been there, regardless I was still mostly on the pavement, then the girl would have not been distracted and therefore no accident

My point to them was that I had stopped as I saw her and had she not been driving so fast between the parked cars she would not have needed to brake/skid and that surly is why "hazard perception" is in the driving test

Despite me taking pictures of the accident she is now also trying to say I was reversing out which is clearly not true and the pictures prove it (she didnt realise I took them) and something I wouldn't do even in a relatively quiet side road

Even it the accident was partly her fault I wouldn't mind so much

Be nice to hear some thoughts even if you agree with my insurance company

I'm confused by the description of the event, basically a vehicle travelling along the road collided with your parked car.
As long as the vehicle was not illegally parked, then I don't see how what you were doing at the time has anything to do with the claim?
What if it were say another 3rd party driving in the position you were?

ROY47

The car was going so fast, as it past the parked cars, the young driver slammed her brakes on after seeing me, she skidded past the car I was driving (not touching us) and crashed into a parked car which happened to be mine.

End of story if that's true

YOU had stopped. With 2 wheels on the road alongside the pavement not half way across the road
If she panicked seeing you and hit the brakes , skidded etc.
Driving without due care and attention = HER fault