Roundabout Accident

bobby393

Hi everyone, new member here so bear with me if I do anything wrong!

I got into an accident on the roundabout where a van driver tried to undertake me (overtake from the left hand side) and basically clipped my passenger wing, denting it right above the wheel, also scraping the bumper on the left hand side. Unfortunately I have no video footage or witnesses so it seems to be a hard battle for me to prove it was not my fault. However the dent seems to clearly show he hit me from the left hand side (he claims I hit him from behind which according to the dent is physically impossible).

At the time of the accident I only got his mobile number. We said we needed to exchange insurance details - I gave mine but he did not give his, saying things like "it's a company vehicle so I will need to wait to give you the insurance details, someone will contact you from the company". I found out from my own research he is just a one man company, basically just helps people move furniture. He even cursed me (I have all of this documented in text messages). He ended up not giving his insurance details and said he was in contact with my insurance company (I contacted them and they said they hadn't heard anything from him). I essentially have all his lies documented, most importantly his lie about me hitting him from the back which contradicts the physical evidence of the dent (note he got away with no dents and minor scuffs to his van).

I ended up going through an accident management company hoping I would receive a better outcome than going through my insurance, but no luck for now. My problem is according to my accident management company, the third party insurance, whom we waited 3 weeks to respond and then 3 months to investigate as legally allowed, cannot even get in contact with the guy who hit me (he is insured though). So I'm always being told they can't get in contact with him. Through my own research again I'm fully aware he changed his number, but all these companies with all their might and power still seem to be useless in contacting him.

I don't really know what my options are. I'm sure just a bit of common sense will show I couldn't have hit him from behind and that my story matches up much better. I have been considering small claims court but again I don't know. This situation has been ongoing for over 5 months now, probably not that bad but still.

Just a side note, he has not tried to pursue any claim against me, and has mentioned several times "these things happen", "it is what it is"... doesn't sound as if he was the one who was hit to me.

Any advice would be much appreciated as to how I should proceed.

DoaM

Roundabout accidents almost always go 50:50, especially if there's no independent evidence or witness. How exactly can you prove he hit you and not the other way round? A Google maps link to the roundabout in question would help, along with a description of who was where and the directions being taken.

Quentin

If the AMC haven't sorted your repairs then it would indicate liability is going to be an issue.

If you have comprehensive cover now may be the time to make a claim

bobby393

DoaM wrote: »

Roundabout accidents almost always go 50:50, especially if there's no independent evidence or witness. How exactly can you prove he hit you and not the other way round? A Google maps link to the roundabout in question would help, along with a description of who was where and the directions being taken.

I prepared a few documents days after the accident to help explain my situation, one of which is a detailed explanation of where, how and what happened. New to these forums but I guess I could send you a PDF privately.

I understand your points and know I'm not in a great position to win. I don't have clear evidence, but it's more about inconsistencies in his story Vs mine. Even if he had no story, the damage shows he must have come from the left hand side. I know I probably don't stand a chance in winning the claim from insurance companies, but perhaps stand a better chance in court where I can show not only are his stories inconsistent but his whole character is just one of a liar. The fact that his insurance company can't even get in contact with him just shows he's hoping the whole situation goes away.

bobby393

Quentin wrote: »

If the AMC haven't sorted your repairs then it would indicate liability is going to be an issue.

If you have comprehensive cover now may be the time to make a claim

Would this even be worth it considering damages are about £200?

Quentin

Is the whole thing worth it for that much,?

Was probably a mistake informing insurers as you now have this in your history to disclose to any other insurers you approach for quotes for up to 5 years

AdrianC

And this, children, is exactly why defensive drivers never go round roundabouts alongside other vehicles, no matter how many lanes there are...

bobby393

Quentin wrote: »

Is the whole thing worth it for that much,?

Was probably a mistake informing insurers as you now have this in your history to disclose to any other insurers you approach for quotes for up to 5 years

I am aware. If I could redo this, I would do things differently. But this was my first accident, so I was just learning. Plus I have a legal obligation to, so I thought hey the law will work... yeah right.

Manxman_in_exile

AdrianC wrote: »

And this, children, is exactly why defensive drivers never go round roundabouts alongside other vehicles, no matter how many lanes there are...

...especially vans...