Car accident - now court summons

Brallaqueen

Hi peeps, a bit of advice if anyone has the time or inclination please?

Sept last year I was involved in a car accident
I rang my insurer, paid my excess and got a letter stating it would go 50=50 unless I objected.

Roll on this month and it appears the other guy refuses to accept liability and has issued court papers.

My insurer has asked me if I am willing to attend court otherwise they will pay his costs in full

Not sure where that leaves me? Will I be held fully liable for the accident if I do not attend court? Will there be a price to pay if I do/ do not attend?

I can't get thru to the claims handler and tbf the whole thing is stressing me out. I don't think I was at fault but now I am really questioning myself

Details of accident below


10 pm ish. A roundabout on an A road with two lanes - Left/ahead and ahead/right.
I was in ahead/right lane, other guy was in left/ahead lane just a bit in front, and another car in front of him.

All of us heading ahead

Other guy came across me, hitting passenger side wheel area and wing, blowing out my tyre and pushing me right past my exit and towards the next exit, where I managed to get my car to safety. damage to my car, concentrated around the passenger wheel plus scrapes down the side, suspension damage and rear passenger side damage.

Don't know damage to his car, didn't check. He was able to drive away but I could not.

DUTR

It does sound 50/50, you were both in the wrong lane to proceed with your journey respectively.

Brallaqueen

Hi DUTR i appreciate your input.

Please can you clarify? About the wrong lanes. Both lanes are ahead lanes?

DUTR

By the way, advise your insurers that are willing to attend court if need be, courts are not like you see on TV, either or both insurers will probably still settle out of court.

CM66

DUTR wrote: »

It does sound 50/50, you were both in the wrong lane to proceed with your journey respectively.

How did you work that out? One was in the left lane, one in the right lane and both lanes went 'ahead'

If the other guy drifted over into the other lane then surely he is the one at fault?

SuperAllyB

DUTR wrote: »

It does sound 50/50, you were both in the wrong lane to proceed with your journey respectively.

What?

According to OP both lanes were suitable for straight ahead. I took it that other driver has cut across OP's lane, although if he was slightly ahead OP could possiby have anticipated the danger.

DUTR

Brallaqueen wrote: »

Hi DUTR i appreciate your input.

Please can you clarify? About the wrong lanes. Both lanes are ahead lanes?

From what you are describing (as I read it) you were in the outside lane wishing to take the next exit and your 3rd party was in the inside lane wishing to continue to at least the exit after the one you were both at.

Highway code section 185

DUTR

SuperAllyB wrote: »

What?

According to OP both lanes were suitable for straight ahead. I took it that other driver has cut across OP's lane, although if he was slightly ahead OP could possiby have anticipated the danger.

Both lanes are suitable for straight ahead, but it seems the other guy wished to continue on the roundabout, yes I agree the OP or th 3rd party 'may' have been able to avoid the collision.

I know sometimes I have had to abort a roundabout exit to avoid a collision

neilmcl

DUTR wrote: »

Both lanes are suitable for straight ahead, but it seems the other guy wished to continue on the roundabout, yes I agree the OP or th 3rd party 'may' have been able to avoid the collision.

I know sometimes I have had to abort a roundabout exit to avoid a collision

I don't think that's what the OP is describing. I read it as both drivers intended to carry on straight but the other driver merged into the OP's lane, hit him and forced the car past the exit.

It's clear that the third-party is disputing this and is taking his chance in court. Without you attending OP it seems that your insurer is preparing to roll over and accept full liability.

roneik

Sounds to me as if the other party was to blame. His version will probably be that you wandered into the path of his vehicle and got entangled with his car. Shame if you have no witnesses

DUTR

neilmcl wrote: »

I don't think that's what the OP is describing. I read it as both drivers intended to carry on straight but the other driver merged into the OP's lane, hit him and forced the car past the exit.

It's clear that the third-party is disputing this and is taking his chance in court. Without you attending OP it seems that your insurer is preparing to roll over and accept full liability.

That's not how I read it, but even if that were the case, both drivers were/should have been aware of the other's presence, especially as the OP would have been indicating left and the other driver would have (hopefully) observed this.