overtaking car hit me

popeye4th

hi need some advice on what people would do in my situation.
so I'm driving down a two and road and see a van speed up behind me so i kept my speed 20mph road then on a bit of straight road he over takes but what i didn't realise was he was been persuad bay another car. So as he over takes me so does the other guy but as he does an oncoming van was driving up on the other side and this black car just missed the oncoming and swerved back into lane but hit my car on the front end so i stopped thinking he would but he carried on. so i followed him flashing my lights and beeping to get his attention but he carried on. he was still following this van but at a junction i pulled in front of him so got out my car when over and told him he just hit me and failed to stop. he said he was in pursuit of the van because it hit him further up the road. i got a picture of his registration and he took off. i phoned the police and told them what had happened and got a crime number then i phoned the insurance.
so i get a call from police a bit later to say this guy who hit me is down there and he said i swerved into him. so i ring insurance and let them know what he said, they told me that because i haven't any evidence ill have to take 50/50 liability. my uncle was in the car but insurance said they can't use him for what ever reason.
this happened on the 1st October
As it stands now i managed to get video evidence from a house that had cctv. clearly shows him hitting me to avoid hitting the oncoming van. I've given this footage to the insurance company but they still haven't seen it and the other guys insurance hasn't been in contact with mine.
tomorrow i have to pay £400 excess when they return my car.
will i get my money back?
if i have footage will the other driver be liable even if he's denying it?
im at a loss and stressed over this.
what people thoughts.

SHAFT

popeye4th wrote: »

hi need some advice on what people would do in my situation.
so I'm driving down a two and road and see a van speed up behind me so i kept my speed 20mph road then on a bit of straight road he over takes but what i didn't realise was he was been persuad bay another car. So as he over takes me so does the other guy but as he does an oncoming van was driving up on the other side and this black car just missed the oncoming and swerved back into lane but hit my car on the front end so i stopped thinking he would but he carried on. so i followed him flashing my lights and beeping to get his attention but he carried on. he was still following this van but at a junction i pulled in front of him so got out my car when over and told him he just hit me and failed to stop. he said he was in pursuit of the van because it hit him further up the road. i got a picture of his registration and he took off. i phoned the police and told them what had happened and got a crime number then i phoned the insurance.
so i get a call from police a bit later to say this guy who hit me is down there and he said i swerved into him. so i ring insurance and let them know what he said, they told me that because i haven't any evidence ill have to take 50/50 liability. my uncle was in the car but insurance said they can't use him for what ever reason.
this happened on the 1st October
As it stands now i managed to get video evidence from a house that had cctv. clearly shows him hitting me to avoid hitting the oncoming van. I've given this footage to the insurance company but they still haven't seen it and the other guys insurance hasn't been in contact with mine.
tomorrow i have to pay £400 excess when they return my car.
will i get my money back?
if i have footage will the other driver be liable even if he's denying it?
im at a loss and stressed over this.
what people thoughts.

It'll all be down to the quality of the cctv and whether your insurance wish to fight it.

AdrianC

If the other driver's insurance cover all your insurer's costs, then you get your excess back and it's a no-fault claim.
If your insurer remain out of pocket, then you pay the excess and it's an at-fault claim.

Your uncle's being discounted as a witness because he's not independent.

The police didn't do anything about your phone call for two reasons: Firstly, because the other guy could quite easily say exactly the same thing, and there was zero evidence either way. Secondly, because it's nothing to do with them - just an insurance issue.

Stupid question time...

How come you didn't hit the brakes as soon as it became clear there was a likely incident developing?
Having been hit, why did you then take off like a loon, pursuing the guy who hit you... because he'd already taken off like a loon, pursuing the guy who hit him? What if you'd then hit somebody...?

SHAFT

AdrianC wrote: »

If the other driver's insurance cover all your insurer's costs, then you get your excess back and it's a no-fault claim.
If your insurer remain out of pocket, then you pay the excess and it's an at-fault claim.

Your uncle's being discounted as a witness because he's not independent.

The police didn't do anything about your phone call for two reasons: Firstly, because the other guy could quite easily say exactly the same thing, and there was zero evidence either way. Secondly, because it's nothing to do with them - just an insurance issue.

Stupid question time...

How come you didn't hit the brakes as soon as it became clear there was a likely incident developing?
Having been hit, why did you then take off like a loon, pursuing the guy who hit you... because he'd already taken off like a loon, pursuing the guy who hit him? What if you'd then hit somebody...?

Isn't failing to stop a criminal offence?

AdrianC

SHAFT wrote: »

Isn't failing to stop a criminal offence?

But he did stop. That's how the OP got his details and the "but he'd already hit me" story.

Even if the OP hadn't "caught him", so long as provided his details at a police station within 24hrs, that's a statutory defence against any charge

SHAFT

AdrianC wrote: »

But he did stop. That's how the OP got his details and the "but he'd already hit me" story.

Even if the OP hadn't "caught him", so long as provided his details at a police station within 24hrs, that's a statutory defence against any charge

Did they exchange details? If so I don't know why he bothered the police.

Are you sure going to a police station within 24 hours is a defence for failing to physically stop?

neilmcl

AdrianC wrote: »

But he did stop. That's how the OP got his details and the "but he'd already hit me" story.

He didn't say he got his details, all he got was the reg number and a brief excuse.

popeye4th

hi i did stop but the man didn't he kept going so i followed at a safe distance until he came to a cross roads then i caught upto him and taken a picture of his car. i then rang the police to report it and then my insurance. i blocked him in at the junction and told him i want his details he said the van he was chasing hit him further up the road from where he hit me. he said he was on the phone to the police as he was given chase to tell them what way the van was going then he drove around me on the pavement and give chase again i had his number plate so didn't bother following and just rang police and insurance. about an hour after the police rang me and said he was with them and apparently told them a hit him. luckily for me i have the whole thing a video. because i couldn't use my uncle as a witness i put the video on Facebook and asked if any had seen what happened at location and time and the man in the van he nearly hit on the opposite side of road commented and said he would be a witness if need be.

popeye4th

SHAFT wrote: »

Isn't failing to stop a criminal offence?

thats what i thought but police are not interested they said its down to my insurance

NotRichAtAll

Are you sure going to a police station within 24 hours is a defence for failing to physically stop?

i drive for a living, yes you have 24hrs to report the incident to the police

and see a van speed up behind me so i kept my speed 20mph

to be honest i would be more inclined to say the op caused all this by driving too slowly, but thats just my opinion.

SHAFT

NotRichAtAll wrote: »

i drive for a living, yes you have 24hrs to report the incident to the police.

No you must do it as soon as practicable and in any case within 24 hours.

And if involved in an accident you must stop.