Car accident - I would like peoples honest oppinions please...

shellycharlie

A similar thing happened to my son when he was 19, his insurance came back to him and wanted him to accept 50 50 he had legal cover with his insurance and said he would not accept 50 50 and would go to court if he had to because it was not his fault.
The other driver backed down and accepted it was his fault, if you have legal cover you have nothing to lose just be firm that it was not your fault. Good luck

joeyjennings

I can assure you that I will not be settling for anything less that it being decided it was his fault. I will not pay a penny for this as i believe it wasn't my fault. I have paid £75 to my solicitors when I started to cover myself for any legal fees or court fees invade it did ever go to court so I will be going if needs be. Thanks for all your comments, I feel a little better about it now. Any more comments or advice/experiences from people are welcome

joeyjennings

I am certain that the other party does not have any solicitors, and has only gone through his insurance.. So if this is the case and he would have to pay his only legal fees (I'm thinking the insurance wouldn't cover this) then I don't think he would bother paying to go to court

Quentin

Why have you instructed a solicitor?

If any legal action follows this incident to establish liability then the insurers will provide legal representation.

Unless you want to sue for injury this is an unnecessary waste of money

joeyjennings

I am claiming personal injury as I was injured and was in hospital because of it

Quentin

In that case your solicitor should have explained to you that the third party will have solicitors or a legal team representing him as your claim will actually be dealt with by his insurer.

grumpytoo

shellycharlie wrote: »

A similar thing happened to my son when he was 19, his insurance came back to him and wanted him to accept 50 50 he had legal cover with his insurance and said he would not accept 50 50 and would go to court if he had to because it was not his fault.
The other driver backed down and accepted it was his fault, if you have legal cover you have nothing to lose just be firm that it was not your fault. Good luck

In my experience as a Senior Citizen the Legal Cover is often not worth the paper it is written on. Some years ago when travelling on the M5 and towing, I was overtaken by an HGV that cut in too tightly and "clipped" my drivers-side front wheel. The lorry didn't stop for a mile or more so the police told me. My front wheel was totalled so I fitted the spare and taped-up the damaged bodywork with duct-tape. Later I received a letter from my insurers stating that according to the MID the lorry was being DRIVEN WITHOUT INSURANCE and the letter stated that my chances of any recovery would be extremely small. (They were spot-on about that!) My legal people sent letter after letter to the hauliers but they just stonewalled. As to the uninsured driving, the accident happened in the Avon police district and I live in the Devon & Cornwall police district. Avon told me that the correct procedure was to report the uninsured driving and accident at my local police station. I did this and showed them the original letter about the MID. To my amazement they said "Oh that's Avon its not us" and they refused to do anything. I phoned Avon who allegedly gave my local police station a dressing-down for being lazy but still nothing was done! This meant that the haulier got clean away with employing an uninsured driver who smashed-up my car as in the UK we don't have a national police force. Amazing isn't it when some people can drive a forty ton lorry down the M5 without any insurance, smash-up people's cars and get away with it? My Legal Assistance people got fed-up with writing letters and said that all they could now do was to sue. They said that as the hauliers had not claimed anything from me there might well be a counterclaim if the case went to court. Going to Court costs a lot of money they said so they didn't want to do it as the game wouldn't be worth its candle. (It is no good trying to sue a man of straw) I managed to repair the car as all the damaged parts just bolted-on but cosmetically speaking it was never as nice as it was before the accident as the "new" parts were slightly different shades of green. I think that this was because "Pearlescent" and "Metalescent" types of paint were used for the same colour of BRG. As the cost of buying the spares, including a brand new steering rack from eBay, was less than my insurance excess, my insurers never reimbursed me.

Now what was that about Insurance Fraud?

prowla

joeyjennings wrote: »

Was the last part in reference to me or the other drive prowla?

It was in reference to you.

And I have done the same thing myself!

But you are making an assumption and putting your trust in the other driver.

My point is that I don't understand how you can proceed across a mini roundabout without seeing the other driver coming.

However, in cutting across the roundabout, they left the designated road and hit you as a result.

I think mini roundabouts are stupid things; in addition to not being a physical obstacle which drivers have to go around, they are also so small that you can't indicate properly at them.

notanewuser

joeyjennings wrote: »

Thank you for reading this, all comments welcome.

I was working on the day of the accident, and was asked at roughly 11:25am to go to the shops and buy some milk. The road that the accident has happened on has three small round about and i was onto the second one, leading to the third, as the round about lead off to different parts of the retail park. I approached the round about with caution, looked both ways, and continued as it was all clear (to drive across the round about).

two things. 1. I trust you have business cover on your insurance, because SDP+C wouldn't cover you for going out to buy supplies for your employer and 2. Why would you look both ways for a roundabout? Traffic should only be coming from the right!

jrtfan

Prowla - could the other car have been behind the OP and intending to go right at the roundabout? I think they said the other driver hit the rear offside wheel of their car and pushed them to the left?

notanewuser - sometimes I've seen people approaching a mini-roundabout from my left at a faster speed than they should be (ie no sign of them slowing down) and held back, in case they were determined to try and get out in front of whoever was coming from their right.