Car hit my car but not admiring fault.

Optimusf

My wife was coming out of the road to go straight across a cross roads, as on the right hand side there was a van parked up reducing the visibility. So my wife slowly manouvered on the to main road, with all 4 wheels of the car already on the main road, a car out of nowhere had hit the front of the car.

Clearly it was the other party's fault as they should have slowed down as they saw the car manoeuvring on to the main road.

Police were called and they said we are unable to determine who is at fault.

I have spoken to my insurance company and they have stated strongly that the fault lays on to my wife as any car passed the give way whilst approaching a main road - they are liable for any accident.

I'm not too sure how the fault lays on my wife as it should have been her right of way and the other car should have slowed down.

I have tried numerous times to contest the insurance putting us at fault but they have suggested if I take this to court and lose I would have a judgement against my name???

Had anyone come across this before hand, or can anyone advice what I can do in this situation?

casseus

Optimusf wrote: »

My wife was coming out of the road to go straight across a cross roads, as on the right hand side there was a van parked up reducing the visibility. So my wife slowly manouvered on the to main road, with all 4 wheels of the car already on the main road, a car out of nowhere had hit the front of the car.

Clearly it was the other party's fault as they should have slowed down as they saw the car manoeuvring on to the main road.

Police were called and they said we are unable to determine who is at fault.

I have spoken to my insurance company and they have stated strongly that the fault lays on to my wife as any car passed the give way whilst approaching a main road - they are liable for any accident.

I'm not too sure how the fault lays on my wife as it should have been her right of way and the other car should have slowed down.

I have tried numerous times to contest the insurance putting us at fault but they have suggested if I take this to court and lose I would have a judgement against my name???

Had anyone come across this before hand, or can anyone advice what I can do in this situation?

Unfortunately it may be your wife's fault what junction is this post up the google maps location of the junction.


post up the HTTP and give a space between www and the rest of the link in order to be able to post the link http://

DoaM

At best this will go 50:50, more likely your wife will incur a greater share of the fault, possibly up to 100%.

PS - what was there to admire about the fault?

Car_54

Optimusf wrote: »

I have spoken to my insurance company and they have stated strongly that the fault lays on to my wife as any car passed the give way whilst approaching a main road - they are liable for any accident.

I'm not too sure how the fault lays on my wife as it should have been her right of way and the other car should have slowed down.

The insurance company are right. The law is very clear: at give-way lines the onus is on your wife not to "proceed past such one of those lines as is nearer the major road into that road in a manner or at a time likely to endanger the driver of or any passenger in a vehicle on the major road or to cause the driver of such a vehicle to change its speed or course in order to avoid an accident."


How on earth can you think she had " right of way"? What do you imagine "Give Way" means?

D_M_E

If the van was parked up so as to considerably reduce visibilty for anyone coming out of the junction, then surely the driver of said van must also bear some resposibility for the accident?

Presumably nobody took details from the van driver and the police who attended never made any comment on this?

Car_54

D_M_E wrote: »

If the van was parked up so as to considerably reduce visibilty for anyone coming out of the junction, then surely the driver of said van must also bear some resposibility for the accident?

Presumably nobody took details from the van driver and the police who attended never made any comment on this?

Interesting idea. The van driver might be guilty of a criminal offence, but I can't see him being responsible for the collision.


Emerging at a junction with impaired visibility is part of everyday driving. Apart from badly parked vehicles, people have to cope with walls, hedges, street furniture and pedestrians. For the most part, they manage safely, simply by moving slowly while looking constantly in both directions, just as they were taught ("creep and peep").


The only place vehicles "appear from nowhere" is on insurance claim forms.;)

The_Fat_Controller

You'll not win with the insurance company on this one, just take it on the chin.

Cars do not just appear out of nowhere !

atrixblue.-MFR-.

Was this a 4 way stop intersection, or was your wife intending to cross over a main road from side road junction.

If you wife was at a normal side road junction waiting to cross over a main road she is 100% at fault, no one has to slow down or give priority to your wife barging her way across a main rd. In this case she is lucky that an officer didn't consider giving her a ticket for inconsiderate driving (driving without due care or attention).

The van driver and his parking even if parked illegally is not a factor, it puts more onus your wife as a driver who cant see un obstructed to either proceed with more caution or find an alternative rout out onto the road and to do so safely, in these obstructive my tutor told me this "if in doubt, find another way out, don't pull out or you may get a clout".

Optimusf

I fully understand what "Give way" means thank you very much

You would Give way to any car approaching, but in this instance the visibility was reduced due to the van, and as my wife slowly creeped on to the main road were all four wheels are on the actual main road.....you would think any incoming car would see a car middle of the road??????????????????? No? .........

Grey_Critic

Who is at fault? No idea BUT you never admit liability (your insurance company tell you that). As others have said it will likely be a 50/50 claim.

Aylesbury_Duck

Optimusf wrote: »

I fully understand what "Give way" means thank you very much

You would Give way to any car approaching, but in this instance the visibility was reduced due to the van, and as my wife slowly creeped on to the main road were all four wheels are on the actual main road.....you would think any incoming car would see a car middle of the road??????????????????? No? .........

It doesn't matter. Your wife was emerging from the minor road so the fault lies with her.

Presumably if her view was impaired by the van, so was the other driver's.