Accident and who pays

flopsy1973

Hi
My son was in a collision last week he was at crossroads junction the woman opposite signalled for him to go he went out but as he went out her car got in his way and stopped him and then a car coming down the road went into his door. The woman sped off leaving the 2 damaged cars they exchanged details and now this other driver has sent my son a quote for the damage. Insurance companies not involved at minute. Surely this is both their fault and should be knock for knock. How does this stand legally . Any advice

BoGoF

On what basis do you think it is the driver who hit your son has any fault. From what you have described your son is sitting across the carriageway?

Anyways, your son should have informed his insurance at the time and would advise he do so now.

foxy-stoat

Just inform the insurers and pass all correspondence to them - it will probably go down as yours son's fault from what you describe.

Legally he has to give the third party his insurance details.

Knock for knock.....that was a term used decades ago.

stripeyfox

Inform insurance company. That's what you have it for.

Car_54

foxy-stoat wrote: »

Legally he has to give the third party his insurance details.

--- and he has to tell his insurers.

To speculate about fault, we need to know more. E.g. which road had give-way lines? How long was the son stationary before the collision?

AdrianC

flopsy1973 wrote: »

My son was in a collision last week he was at crossroads junction the woman opposite signalled for him to go he went out but as he went out her car got in his way and stopped him and then a car coming down the road went into his door. The woman sped off leaving the 2 damaged cars they exchanged details and now this other driver has sent my son a quote for the damage. Insurance companies not involved at minute. Surely this is both their fault and should be knock for knock. How does this stand legally . Any advice

She "waved him out".
But he couldn't get past her (stationary?) car.
And there was also a car on the road he was joining/crossing, which couldn't stop in time.

How is this anybody's fault but 100% his? If he couldn't see for himself that it was clear, he shouldn't have gone. How does he know the other driver was "signalling" for him to go, rather than merely swatting a fly or gesticulating to a passenger or simply wafting a fart or playing air guitar?

spadoosh

AdrianC wrote: »

She "waved him out".
But he couldn't get past her (stationary?) car.
And there was also a car on the road he was joining/crossing, which couldn't stop in time.

How is this anybody's fault but 100% his? If he couldn't see for himself that it was clear, he shouldn't have gone. How does he know the other driver was "signalling" for him to go, rather than merely swatting a fly or gesticulating to a passenger or simply wafting a fart or playing air guitar?

I think it depends how long he was stationary for.

Ive done somethign similar. Someone pulled out which forced an emergency stop of the car in front. I saw it, slowed, expected them to move off and they didnt, by time i realised they wherent going to be moving i couldnt stop the car quick enough. It was completely my fault.

If the other driver had sufficient time to avoid the accident then its their fault. You cant crash in to things because they shouldnt be there.

a.turner

flopsy1973 wrote: »

Hi
My son was in a collision last week he was at crossroads junction the woman opposite signalled for him to go he went out but as he went out her car got in his way and stopped him and then a car coming down the road went into his door. The woman sped off leaving the 2 damaged cars they exchanged details and now this other driver has sent my son a quote for the damage. Insurance companies not involved at minute. Surely this is both their fault and should be knock for knock. How does this stand legally . Any advice

Theres been no knock for knock for a number of years. Anything other than the third party being fully to blame and he'll have an at fault claim to declare for the next 3-5 years.

MovingForwards

Knock for knock does get used, especially when both cars are insured by the same insurance company

50/50 is commonly used instead of k4k.

But to OP the highway code advises to check before moving off and not rely on someone waving / flashing you to proceed.

flopsy1973

Car_54 wrote: »

--- and he has to tell his insurers.

To speculate about fault, we need to know more. E.g. which road had give-way lines? How long was the son stationary before the collision?

He was on give way as well as her opposite. By the sound of it they came out of junction together and he came hurtling down and could not stop going into my son's door

neilmcl

flopsy1973 wrote: »

He was on give way as well as her opposite. By the sound of it they came out of junction together and he came hurtling down and could not stop going into my son's door

Again, why do you think the driver that hit your son's car should share the blame, it was you son that stopped (for whatever reason) in the middle of the road.