Accident in borrowed vehicle

shortcrust

It's crazy to admit liability at the roadside, no matter what the circumstances. You don't know what the eventual implications might be. They probably just want the insurance companies to sort it all out. It doesn't mean that they're going to lie about the accident.

Quentin

shortcrust wrote: »

It's crazy to admit liability at the roadside, .....

It's irrelevant.


A roadside admission doesn't stand up later.

OnanTheBarbarian

Quentin wrote: »

It's irrelevant.


A roadside admission doesn't stand up later.

A verbal one maybe not, but a written one...

As for the OP, this is a slam dunk claim in so far as I can't see a remotely credible explanation from the white Ibiza driver as to how the Focus driver could even be contributory negligent.

Realistically, the insurers of the third party, upon seeing these images, need to deal with your wife's claim on a without prejudice basis (leaving their insured to continue with their fantasy claim if they so wish).

The owner of the Focus needs to really bring the claim for the vehicle as it is their property.

Full marks for taking photos at the scene. You can just see how slippery people can be these days. Plenty of "sorry mate, all my fault" to your face and then the smelly brown stuff appears when they report the claim to their insurers.

Marktheshark

You can not judge positions of pre- collision from photos, the forces are such cars get pushed, spun round, moved.
The silver car has its wheel on the roundabout if we start going down that road.
I would get ready for a 50/50% decision on this.

leveller2911

It appears to be an open and shut case. Would be even more water tight with a dashboard camera.

Parking_Trouble

Thanks everyone for your comments and advice.

The driver of the white car cut across the roundabout. i.e. didn't go around it so as Jamie says the collision happened where the cars are photographed.

There is no way the white car would end up there if they have been proceeding around the roundabout correctly.

There are 2 independent witnesses (pedestrians) who were in fear of their safety because the white car was heading towards them just before the collision.

Police were on the scene very quickly and took statements. No idea if the white car driver admitted fault to them but they were apologising profusely.

White car driver banged to rights with overwhelming evidence in my opinion.

The problem now is white car driver is claiming it is grey car drivers fault, despite overwhelming evidence and no witnesses to back her up.

I have advised Grey car driver to hassle DL. She has phoned again and it sounds like white car is not admitting fault but also not going to claim.

So both insurers are backing off, not helping and both now saying grey car should engage a CMC.

Any other options here?

I don't know any reputable CMC's that I could recommend. I certainly don't want to make things any more difficult for an already distressed innocent victim.

Parking_Trouble

Marktheshark wrote: »

You can not judge positions of pre- collision from photos, the forces are such cars get pushed, spun round, moved.
The silver car has its wheel on the roundabout if we start going down that road.
I would get ready for a 50/50% decision on this.

No way. The evidence is overwhelming.

OnanTheBarbarian

Crazy_Jamie wrote: »

Unless someone else is aware of claims management companies who deal with small claims (and if so, I would be interested to know on what basis), it may be that your wife has to start a claim herself.

They are out there Jamie

robin58

Crazy_Jamie wrote: »

I appreciate the attempt at playing devil's advocate, which in and of itself is usually a useful exercise, but I agree with somethingcorporate that the picture doesn't support that version of events. Turning into the path of a vehicle sooner than you otherwise would have would be a very strange definition of 'taking avoiding action'.

The only reasonable explanation I can come up with is that they were cutting the roundabout when attempting to turn right, which I agree would be a ridiculous thing to do when other vehicles were present.

I would agree with your view.

Seen too many people do this when I have been driving.

If other driver was doing that, OP's friend is not at fault in my eyes, as she would not expect it as by law you are supposed to go around any roundabout however small the right way.

Would be interesting to see the police view of accident.

Would guess the other driver knows they are at fault but have been talked into denying it 'by a mate'

robin58

Marktheshark wrote: »

You can not judge positions of pre- collision from photos, the forces are such cars get pushed, spun round, moved.
The silver car has its wheel on the roundabout if we start going down that road.
I would get ready for a 50/50% decision on this.

You are having a laugh mate.

Max speed I would think was 10mph. Can't see any spinning, pushing or movement.

Guarantee if you were in an accident you would put the photo's up as evidence.