Had a crash, can someone talk me through the proceedings?

roz84

I had a crash on a private lane, the other party drove too quickly round a blind bend and didn't see me in time to be able to stop - I was doing about 20mph, she was definitely going a lot quicker! Bearing in mind it was a single track road. I brakes, small skid, had pretty much stopped when she hit me. Anyway, her speed meant that she hit the steering wheel, deployed her airbags and caved the front of her car in, and was unconscious for an amount of time and had to be taken to hospital. I on the other hand had pretty much stopped when she hit me and was completed uninjured, with the damage to my car being really very slight - my airbags didn't deploy, no whiplash, nothing at all. Sadly there weren't any witnesses but the same person has been regularly seen driving way too quickly along that bit of road.

I have just received a letter to claim "damages for negligence". Is this standard? I've never claimed on my insurance before. It further goes on to state that "on single lane track, oncoming third party approached, causing head on collision with our client's already and established correctly proceeding vehicle" , and that I "failed to brake or steer or otherwise manage their vehicle so as to avoid the collision, failed to adequately control their vehicle and failed to adequately observe the presence of the claimant's vehicle". What a load of absolute rubbish!

Is all of this standard and will my insurance fight my corner on this? I haven't got a clue what I'm doing sadly however have already given a detailed statement along with photographs and diagrams showing the blind bend etc.

My insurance are closed today sadly so I can't discuss this with them!

System

Have you already informed your insurance of the accident?

roz84

Yes, they were informed within an hour of it happening

roz84

Also would it add any weight if I had statements from witnesses saying that she had been seen driving too quickly in the past?

System

Yes any witness statement would help your case .

csgohan4

Dash Cam? would be useful in future too

Samsung_Note2

CHRISSYG wrote: »

Yes any witness statement would help your case .

No it wont..its what happen on that moment not in previous days weeks or months.

OP id say you will have to go 50/50 with other party...my wife was established on a roundabout,bloke basically failed to slow down and rammed her.

A blind person could see it was his fault...he was taking third exit in the left lane and said in this country (UK) you give way to the left...when he took my wife to court guess who won,yes the 89 yr old driver who entered a roundabout without looking,taking 3rd exit in left lane and he is awarded the out come and thats after his insurance paid out over £3000 in favour of wife's injuries.

Basically what im saying is dont assume anything...if 50/50 is offers take it,insurance dont normally give a choice unless they feel as in wife's case it was 100% open and shut case.

Zorillo

Without witnesses or video evidence it will be incredibly difficult to avoid a split liability decision.

Samsung_Note2

Zorillo wrote: »

Without witnesses or video evidence it will be incredibly difficult to avoid a split liability decision.

Thats where my money is..50/50 but just bare in mind that the other party could pursue the OP as at fault.

Sounds bizarre and wouldn't believe it possible unless it happen to the wife.

roz84

50/50 I'll settle for if I have to but there is absolutely no way I'm taking the blame - so I guess that 50/50 is the best I outcome I can hope for!

Carrot007

roz84 wrote: »

I have just received a letter to claim "damages for negligence". Is this standard?

Claim for what?

Sounds like they are comiung direct to you hoping you will pay and not involove your insurance.


Just give it to your insurance.


If they have done this sort of thing before it will go against them.