Minor Car Accident - happy to settle 50/50 but other party contesting

timmss13

Hi there,

I'm hoping you can help offer some advice.
I was involved in a minor car accident back in April and now, 7 months on, I have been told that both insurance companies want to settle 50/50 but the other party is contesting and wants to go to court.

Let me explain what actually happened!
I was following a large lorry along a B road when both of us indicated to turn right. Just as the lorry turned right, it pulled in on the left and put their hazard lights on. As the lorry had indicated to pull in and was stationary, I checked the road ahead, indicated and slowly overtook. Little did I know that at the front of the bus was someone's driveway. The other party was waiting to leave their drive and the lorry driver called him on (not looking in his mirrors for me!). I then went straight in to the car pulling out in to the road. We both had minor dents in our car and the lorry driver apologised for calling the other party on. The other driver started being aggressive saying that I was driving too fast ( I was doing 15-20mph max) and that I shouldn't have overtaken the lorry. The other person in their car was also extremely confrontational.

I didn't accept liability at the scene but felt terrible (I'm really not a confrontational person and just wanted to cry as I was really shook up). By this time, the lorry driver had driven away as he was just checking directions. I'm obviously furious with myself for letting this happen as there are no other witnesses.

The other driver swapped details with me and just as they got back in their car, they shouted "if you get insurance involved, I'll see you in court".

After I returned home, I found out that the driver had called my daughter on our landline and threatened her also reiterating that we shouldn't get our insurance company involved otherwise there'll be 'trouble'. She's 14, had no idea what had happened and was really upset. I called our insurance company anyway (I pay for it so why shouldn't I!?) and they just said, "oh, it's likely to be 50/50".

To be honest, I'm fine with this as no one was hurt, the damage to my car came to about £500 and I just want it to be over with. However, I've just found out that the other party is contesting and wants it to go to court. I know I'll lose my NCB but honestly, there are worse things going on in the world so I'd rather just settle for this.

Could this actually go to court if there are no witnesses?

Thanks all.

tempus_fugit

I think they'd be silly to go to court from what you have said as they have no witnesses and I doubt they have a strong enough case to win one. I think they are just trying to browbeat you into giving in to them.

From the circumstances it's a weird one. You say you shouldn't have overtaken the lorry, but that's not necessarily the case. For a start the lorry driver created a risky situation by pulling up like he did merely to let someone out of their driveway. I really wish people wouldn't do this and should just get on past the entrance and let people come out when the road is more clear, there is far less possibility of accidents occurring then and they would only have had to wait a few seconds for you both to pass.

Also, as the lorry driver put on his hazards then to my mind it was reasonable to assume that he had stopped and that you could pass him, assuming the road was clear. The fact that the collision occurred would be at least partly the other driver's fault as they needed to make sure that the road was clear before they pulled out, whether or not the lorry driver was waving them on.

In view of this I think that the 50/50 proposed settlement by the insurance companies is reasonable and you should speak to your insurers and let them know that you accept this and not be browbeaten by the third party into any other option. If they did take legal action then your insurer would have to deal with it but as I say I doubt they will get very far seeing as their own insurers want to settle 50/50 as well. That's just my opinion, I did used to deal with motor insurance claims but it was over 20 years ago now.

takman

timmss13 wrote: »

Let me explain what actually happened!
I was following a large lorry along a B road when both of us indicated to turn right. Just as the lorry turned right, it pulled in on the left and put their hazard lights on. As the lorry had indicated to pull in and was stationary, I checked the road ahead, indicated and slowly overtook. Little did I know that at the front of the bus was someone's driveway. The other party was waiting to leave their drive and the lorry driver called him on (not looking in his mirrors for me!). I then went straight in to the car pulling out in to the road. We both had minor dents in our car and the lorry driver apologised for calling the other party on. The other driver started being aggressive saying that I was driving too fast ( I was doing 15-20mph max) and that I shouldn't have overtaken the lorry. The other person in their car was also extremely confrontational.

I can't see how the Bus comes into it, unless you meant to say Lorry like the rest of the description?.

But from your description 50/50 sounds fair because you were both performing actions where you should have been more aware and it sounds like neither of you stopped. Even if you were speeding the driver pulling out should have seen you and stopped, so it would be difficult to argue just one of you were at fault.

Quentin

You can't personally "get this over with" (unless you are happy to pay the other side all they claim!)


Just let your insurer deal with this. Again, if the other driver wants to go to court, it would be your insurer defending this on your behalf, so just cross that bridge in the unlikely event you arrive there.


If you get any more calls just tell him insurance is dealing with it and block his number if you can.


Pass any correspondence you get on to your insurer unanswered to deal with

sevenhills

Probably 50/50, as no other witnesses. There could be more blame on one party, depending on the circumstances.
Both vehicles should have been able to stop.

Comms69

50/50 is being quite generous, you were on the road way, they were joining it.


Treat a driveway the same as a give way