insurance seem happy with 50/50 but im not

DarkNik

Hi

i was involved in an accident and was wondering if i could get some advice as my insurance seem to want the 50/50

i was approaching a junction controlled by traffic lights and was turning right into the main road
this road is 1 lane in both directions

the main road is traffic lights and has a filter to turn left so its two lanes
1 for turn left only and 1 for straight on or turn right

the opposite sides mirror each road/traffic light set

as im approaching the lights they are green and as im turning there green
its a sharp turn and you cant take at great speed and i was in a van, the turning is near my home so know it will

as im turning into the main road a silver car is turning into the road im turning from as there filter is green at the same time as mine

but from behind that car another black car has pulled round the silver car and gone forward up the main road

as im turning into the road the black car has struck my front corner drivers side, lights area and into the engine area

both sets of cars airbags deployed

the silver car didnt stop dont know if they even see it

the other driver said i jumped the red then i said it was a filter and he jumped that, then he said will i was going to fast

there was no witnesses around apart from some builders on the opposite side of the junction to me but they didnt see it just hear it and was out of site

but while im calling 999, the driver and his passenger are phoning cabs as the passenger is late for a flight, within 7mins of the accident the passenger is gone in a taxi?
i managed to photo his and time log on phone, guy even runs to cab

takes about an hour for the police to turn up

in this time iv taken loads of photos from all around and i believe from them you can clearly see
the car positions- the fact the black car has come across from the other lane
even parked cars around the accident so you can see proper car positions next to the black car
even the angle the pickup truck had to take to get the black car
white lines road markings , everything i would say clearly shows the other car came across but i know im no expert
(even got a pic a few days after where another car had done the same thing but sat forward from the lights)

i have gone back and there is a chip shop with cctv but they said they didnt or couldnt play back older than 7 days, i kinda thought this was a lil strange but have told all this to the insurer but i have to obtain everything, which is hard when they dont give it to u

the insurance have said without that cctv it will be 50/50

any help would be great

bod1467

Google map link to the junction in question?

But insurance are right ... without evidence to support your version of events then they'd have a hard time claiming the full amount from the other party's insurer, especially as they seem to be denying liability - the cost to pursue, with the risk of failure, would outweigh the cost to agree to 50/50.

InsideInsurance

Without seeing all the evidence etc it is always hard to judge. It would be most important to know exactly what the TP has stated has happened.

If its the simple case of both sides saying the other jumped the lights then a 50/50 is the most likely outcome outside of court with the lack of any independent witnesses to prove which one has.

In court would be different as unless the lights are malfunctioning its not possible that both were green and so a judge would have to decide who was most likely telling the truth. For an insurer this is too much of a roll of a dice and given it adds court costs then the law of averages means that gambling will cost them more than simply settling 50/50

DarkNik

trying to add pics


Sorry as a new user you are not allowed to post with links. This is done to stop spammers clogging up the site. Please edit your message below to continue.

if u google wickham lane surgery thats the junction i was coming down kings highway , and he was coming up wickham lane towards plumstead

and i have an album on photobucket.com called accident , user name darkst

DarkNik

changed my avatar and changed my job description to the link for photo bucket

Sam_Fallow

Google Maps

Photobucket album

hope this helps

AdrianC

So you were heading east on King's Highway, turning right to go SE on Wickham Lane.
He was coming NW on Wickham Lane.

You say your light was green.
He says his light was green.
Neither of you have any evidence or witnesses to prove or disprove what the lights were.

How, exactly, do you think it should go if not 50/50?

Mercdriver

one word:

DASHCAM

arcon5

I wonder if a cash reward would help the chip shop find the footage. It could be genuine that they don't have the footage or could just be they don't want involving. Some £££ may change the latter.

Astronaughtwannabe

The trouble with your assertion is that vehicles rotate around their centre of mass so the post impact position isn't neccesarily a good indicator of their pre-impact vector. That is, if I understand correctly what you are trying to say.

Equally though, even allowing for rotation, it does look as though it was more a case of he hit you rather than you hit him, but of course a few photos can be misleading.


Traffic lights have a fail safe in that they shut down. Green/green doesn't happen, so somebody pushed their luck. The other driver doing a disappearing act probably won't look too good for them if trying to convince someone independant that they were driving like a nun.


Apart from those little observations, I'd say your likely to be stuck with a 50/50.

reeac

" passenger late for a flight" plus quick disappearance from the scene suggests that he was speeding. Could help your case.