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Involved in accident. Shall I accept 70:30 offer?

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jonj123
jonj123 Posts: 189 Forumite
Hi,

I've recently been involved in a road traffic accident. The story was that I was driving on a normal road (one lane each direction) and attempting to turn right into a parking slot. A car tried to overtake me as I was turning, with the left side of his car making contact with the right front corner of mine. I've not received an email from my insurer saying that they will be ending the dispute 70:30 in my favor as the other driver hasn't claimed full responsibility.
What shall I do? am I obliged to accept whatever they say or is it worth continuing to fight my corner?

Thanks
«13

Comments

  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    Did you not spot the other car in your mirrors before turning across the road?
    Be Alert..........Britain needs lerts.
  • facade
    facade Posts: 7,588 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The OP probably thought that the car behind wouldn't overtake a car standing in the middle of the road indicating right. :wall:

    You could argue, but 70:30 means your insurer pays 30% of your bill, and 30% of the third party bill.

    Unless the third party was driving a 1962 Ferrari GTO your insurance will probably be happy at that, and won't be throwing time & money at improving it.

    So you will be on your own (or with an ambulance chaser) and it isn't worth the hassle & expense.

    No doubt in court the third party will say you moved over to the left and stopped dead without any indication/whilst indicating left, as if parked or something.......
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • marlot
    marlot Posts: 4,967 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Even if it were to be 99:1 it would still affect your No Claims Discount.

    Yes, the other driver was silly (and mostly to blame), but you should have checked your mirror before turning.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    jonj123 wrote: »
    Hi,

    I've recently been involved in a road traffic accident. The story was that I was driving on a normal road (one lane each direction) and attempting to turn right into a parking slot. A car tried to overtake me as I was turning, with the left side of his car making contact with the right front corner of mine. I've not received an email from my insurer saying that they will be ending the dispute 70:30 in my favor as the other driver hasn't claimed full responsibility.
    What shall I do? am I obliged to accept whatever they say or is it worth continuing to fight my corner?

    Thanks

    As others have said it appears to be slightly your fault. You'll get all the money required whether it's not your fault, 100% your fault or the fault is shared.

    You are not obliged to accept but you may now incur costs if you wish to fight it which may not be worth it as it'll be paid no matter how they split the liability between them.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Car_54
    Car_54 Posts: 8,837 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    facade wrote: »

    No doubt in court the third party will say you moved over to the left and stopped dead without any indication/whilst indicating left, as if parked or something.......

    He may also say that he didn't expect the OP to park on the wrong side of the road, contrary to the Highway Code.
  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Or the OP could have been turning right into his own drive.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • facade
    facade Posts: 7,588 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Car_54 wrote: »
    He may also say that he didn't expect the OP to park on the wrong side of the road, contrary to the Highway Code.

    Then he would be wrong, as rule 239 tells you to use a marked out bay where possible, and not to park at the roadside against the traffic flow.

    The marked out bay can be on the other side, as rule 248 allows you to park at night facing against the traffic flow in a recognised parking space.

    The OP says he was attempting to turn into a parking slot.


    (pedantry is the spice of life :D)
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • Marvel1
    Marvel1 Posts: 7,436 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    facade wrote: »
    The OP probably thought that the car behind wouldn't overtake a car standing in the middle of the road indicating right. :wall:
    ...

    A motorbike will.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I have to admit I'd never heard of a 70/30 split, I always thought it was 50/50 or full/no fault.
  • facade
    facade Posts: 7,588 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    cjdavies wrote: »
    A motorbike will.

    Only once though ;)

    Most sane riders don't go round the first car in the line if it is indicating right....
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
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