minor incident - insurance claim query

WolfSong2000

Hey guys,

hoping someone can help...one evening recently (after dark) I was proceeding round a partcularly nasty roundabout - 3 lanes, traffic lights. I was on inside lane, indicating to turn right. Out of nowhere, car in middle lane scrapes up against mine. Long story short, we both stop (at a safe place) to inspect damage. Other guy claims he is worried about insurance going up as he had a major accident not too long ago...there's nothing wrong with either car other than a scrape to each other's paintwork - his on front door panel, and mine above the wheel rim - and some cosmetic damage to wheel alloys. Bit of a nuisance, but no major harm done.

Anyhow, we exchanged insurance details and today I got through a letter from some legal organisation representing this guy...he is claiming whiplash (totally ridiculous and unjustified!) and also that he requires a replacement car and isn't sure if his will need to be written off?!!! He's implied on the form that the accident happened during daylight hours (which it didn't) and has laid the blame firmly at my door, claiming I was changing lanes without adequately checking - again, I was already in inside lane and indicating to turn right, so I was definitely not changing lanes!

As I suspect it's my word against his, what recourse do I have? Will the fact that this is my first accident, whilst he has already had a serious accident (had to be cut out of the car) be taken into account? He also admitted to being very tired - he was driving home from work, after working very long shifts for the past 2 days, whereas I had had the day off and had my best friend in the car (though I don't think she would be acceptable as a witness as she's not "independent" - for the record, she didn't see him either until he hit us). I did take photos of the damage (which is all cosmetic), just in case...if anything my car came off slightly worse than his.

DUTR

How come you were on the nearside lane when wanting to proceed effectively right? I'm surprised a personal injury claim has arrived so quickly, perhaps the other party has gone via an accident management company. Contact your insurer and let them deal with the claim.

WolfSong2000

DUTR wrote: »

How come you were on the nearside lane when wanting to proceed effectively right? I'm surprised a personal injury claim has arrived so quickly, perhaps the other party has gone via an accident management company. Contact your insurer and let them deal with the claim.

There's 3 lanes on the roundabout, and from memory at least 5 exits (I don't use the roundabout a lot). I was on the inside as I was going right round, as I had missed a turn-off before getting on the roundabout. I had literally just gotten on the roundabout and was about level with the first exit - perhaps just past it - and I was indicating right. The guy who hit me was in the middle lane, and didn't join the roundabout at the same time as me - was after I was on the roundabout already.

The letter I got had come from an organisation called "Carpenters"? It said it had been filled out by a "legal representative", but as I said, the information was not accurate. My insurance company is aware of the incident. I am just annoyed that my premiums will go up because of a tired driver.

DUTR

WolfSong2000 wrote: »

There's 3 lanes on the roundabout, and from memory at least 5 exits (I don't use the roundabout a lot). I was on the inside as I was going right round, as I had missed a turn-off before getting on the roundabout. I had literally just gotten on the roundabout and was about level with the first exit - perhaps just past it - and I was indicating right. The guy who hit me was in the middle lane, and didn't join the roundabout at the same time as me - was after I was on the roundabout already.

The letter I got had come from an organisation called "Carpenters"? It said it had been filled out by a "legal representative", but as I said, the information was not accurate. My insurance company is aware of the incident. I am just annoyed that my premiums will go up because of a tired driver.

Have a look here , it gives an idea of which lane you should be in when approaching a roundabout.

welfayre

DUTR wrote: »

How come you were on the nearside lane when wanting to proceed effectively right? I'm surprised a personal injury claim has arrived so quickly, perhaps the other party has gone via an accident management company. Contact your insurer and let them deal with the claim.

OP says they were on inside lane not nearside. If they were going right round then that's the right lane to be in.

straighttalker

I think there is some confusion as to terminology of lanes here. I presume that the OP is in the inside lane of the roundabout and the damage occurred to the passenger side of his vehicle and the driver's side of the third party vehicle.

OP, if I were you, forward all the letters and documents you have received to your own insurer. Also tell them about any losses you have incurred as a result of the accident. They will ask you to either fill in a form or give a telephone statement regards the incident in order that they may assess liability. They will also want to speak to your passenger. Although they aren't strictly independent, their witness evidence still carries some weight although not as much weight as a totally independent witness.

Over and above all of this, try not to worry too much. This is what you pay your insurance for. They will deal with it.

Notwithstanding this, roundabout incidents are terribly difficult to determine liability on and usually go 50-50.

DUTR

straighttalker wrote: »

I think there is some confusion as to terminology of lanes here. I presume that the OP is in the inside lane of the roundabout and the damage occurred to the passenger side of his vehicle and the driver's side of the third party vehicle.


Notwithstanding this, roundabout incidents are terribly difficult to determine liability on and usually go 50-50.

I think the OP should clarify, as I read it the other way around to you (a manouvre I see too often) , that the OP was indicating right and as such the other vehicle driver should be aware of that, however for that to occur the other party would have to be on the offside of the OP.

Spicy_McHaggis

Anyone else sense a 50/50 due to lack of an independent witness?

arcon5

The indicator is a bit moot.
Op said she was basically firmly in lane x, he was in lane y as scraped her by not maintaining lane discipline.

The guy was hoping to be the first to the insurers making ops failure to disclose within 24hrs look to be filled with guilt. Crafty.

Tell your insurer what happened. Push for them to be 100% liable but be aware this will most likely end up 50/50.
You got a little bit didded here which is a bit !!!! so you have my sympathys.

WolfSong2000

Thanks guys....to clarify, I was in the correct lane to turn right. The guy did indeed scrape my passenger side. Now sure how he can claim I was trying to change lanes when I was indicating to turn right and in the right lane to do so? Incident has been raised with insurers (was done so within 24 hours of the incident), but I will speak to them again to see if they want my friend to answer any questions.

I think what's annoying me more than anything else is the fact that the guy is lying - claiming he thinks his car will need to be written off (?!) and also that he has whiplash. There was no collision - just a brief scrape. Damage was minor and cosmetic (though likely still expensive to rectify).

facade

WolfSong2000 wrote: »

Now sure how he can claim I was trying to change lanes when I was indicating to turn right and in the right lane to do so?

He simply says you drifted to the left and into his lane.

They could well write his car off if it has a market value of £500 and needs £300 worth of paint touching up.