Disputed liability over car accident claim - Help!

AgentDaleCooper

Hi all,

I was in an accident last week. I was driving down a fairly major A road normally when a car pulled out of a side road right in front of me. I braked hard but hit the front corner of her car and skidded into another car waiting to turn on the other side of the road.

Have just got a letter from her insurance company saying that "in view of the circumstances we are holding you responsible for the cost of repairing the vehicle"! Is this standard practice by insurance companies? It doesn't go into what the alleged "circumstances" are at all, surely if you pull out in front of someone it's your fault!

In terms of proving it was her fault:

1. The road was straight where the side road joined (i.e. wasn't a case of me coming round a corner).
2. She claimed at the time that she "thought the other car [the one on the other side of the road waiting to turn] flashed her to say go" - not confirmed by the other driver and I didn't see it!
3. I hit her front corner, not the side or door, thus showing that she pulled out right in front of me.

Not spoken to my insurance company (will call tomorrow) but I feel so angry with the woman in question now - I was annoyed at the time but to claim it's my fault is just... :mad:

Thoughts, experience, advice, all appreciated.

Cheers,
Dan

mattymoo

Agentdalecooper - nice userid - brings back the Twin Peaks memories

It will not be skullduggery on the part of the insurance company. I suspect they have been misinformed by their policyholder. Like you say, if you pull out from minor road to major road, you have a high duty of care and will be at fault if you are hit by a car already established on the main road (i.e. you).

I suspect she has concocted some story along the lines of "I was waiting to pull out when agent cooper swerved into me" in the vain hope of protecting her NCD.

Explain all to your insurance company and pass the correspondance to them. They will tell her to take a hike.

suffolkb

Even if the other car did `flash her`, it`s still her responsibility to make sure that it`s safe to pull out. And she didn`t.

N9eav

The highway code says that "Flashing headlights" are to warn other motorists of your presence.

JoshFerrara

Hi
I also have a disputed claim. I was turning left into a junction when I had to brake hard as there was a car driving up the middle of the junction i was turning into. Car behind me crashes into the rear of me.

I thought this kind of case was fairly straight forward but after 6 months of not knowing the outcome I rang the Angel Assistance people who told me that the 3rd party insurers were disputing it and have offered a 50-50 settlement. When I asked why they just said that they thought my witness was too far away to have actually witnessed it!

This is surely nonsense?!

mattymoo

Joshferrara - sounds like a straightforward rear end shunt but presumably the other side have given an alternative version of events. Do you know what their allegations are against you?

vikingaero

It's amazing how people react after an accident:

"I've never had an accident in my life."

"I'm a good driver, it can't be my fault."

And the biggest factor that changes their mind of guilt is when they realise that they have to pay several hundred pounds in excess.

Just forward the letter to your insurers with a covering letter outline your case.