Just Had A Crash Would Appreciate Some Advice

UnderPressure

Right just spoke to her, yep as I thought she does not think she did anything wrong, her version she was she had slowed down to find the house, found the house indicated checked her mirrors and pulled out to move over, I appeared from nowhere and ran into her, I believe she does believe this is what happened but it didn't!

Also she seems to think I admitted liability at the roadside, which I did not I remember saying "this isn't my fault but don't worry the insurance company will sort it all out, that is what we pay them for" so she is now quite shocked that I now say it was not my fault.

When it happened 2 people appeared out of a house to check everyone was ok, now they said they came out because they heard the impact and they thought their cat had run out into the road, they did not and could not have seen it happen, the house she was looking for had someone in the bedroom window looking out and apparently the girl who was looking out saw the whole thing, she never said any of this when she appeared a good 2 or 3 minutes after it all happened!

uhhhhhhhhhhhhhhhhhhh

arcon5

Sorry but this sounds like it will be found your 100% liable,
Her insurers will turn round and say their client was turning right and you tried to overtake hitting her rear quarter.
Doesn't sound too far from what happened anyway.

Don't start hiring cars you won't otherwise be able to afford or getting claims management companies with risky terms involved as this isn't going to end as well as you expect. Best case scenario imo is 50:50 having read of both sides perspectives

Also roadside admissions of liability mean little, so who said what isn't really important anyway.

cajef

UnderPressure wrote: »

I believe she does believe this is what happened but it didn't!

But that is only your opinion and unless you have independent witnesses there is nothing to disprove her version, you will have difficult job trying to prove and convince anyone that it was 100% her fault.

Astronaughtwannabe

The case of Pell v Mosely springs to mind. I think that was settled 50/50. Doubtless it'll be cited by the third party's insurer.

UnderPressure

as I thought to be honest, wish I had bought a dash cam weeks ago as I was supposed to!

Not sure what to do now, it is only an old banger any way but has left me with a problem of no transport. I will just have to wait and speak to insurer tomorrow and go from there.

Thanks for all the advice and replies so far

UnderPressure

She was not turning into a street or even drive, just a tiny layby wide enough for 1 car outside a row of cottages.

UnderPressure

She also said she looked in both mirrors but if she had she would have seen me, I was right there especially in the drivers side mirror.

arcon5

If you are certain your insurer will write your car off (whats its value and extent of damage?) then start looking for a new car.
They'll treat it as a claim, pay you out, then if they think you are not liable look for reimbursement from the third party insurers. It's likely this will be unsuccessful, but if they do get shared liability you'll get a proportion of your excess back.

UnderPressure

Am I allowed to make temporary repairs to my car today to get it moving again?

I have just had a good look at the underside and all seems fine, the wheel on that side has been buckled looking at it so I think the steering not feeling right is down to this, no front passenger side indicator though, where do I stand law wise with a broken indicator?

Thanks in advance

Astronaughtwannabe

Clutching at straws but if your skid marks are still visible and the yaw marking from her car's rotation then go and measure/photo them now before they disappear.

You'd be hoping to demonstrate to your insurer that instead of being just left of the centre of the road, she was well over to the left, and so adds weight to your claim. That assumes of course that it does. The wider the road was, the better it should be for you.