Not At Fault Accident

ellie14

Driving down a narrow road came to a bend with cone at the side ,pulled in stopped to allow hgv to make the bend ,he came too fast hit my car now his insurance saying it was me driving round the bend hit him ,I have a witness who saw him driving but couldn,t see me for height of lorry he has offered a statement but insurers wont accept as he could  not  see me .The road sign said unsuitable hgv s.
I feel stressed being blamed for an accident I didn't cause and it has bumped up my new premium for insurance.

Car_54

If the witness didn't see the actual collision, his evidence is worthless.

Where there are two parties each denying fault, and no independent evidence, the inevitable oucome will be a 50/50 apportionment of fault.

AdrianC

Didn't we already do this today?

Ah, lost by piggybacking on another thread.
https://forums.moneysavingexpert.com/discussion/comment/77195944/#Comment_77195944

I'll give the same reply I gave there.

He said, she said. The independent witness is on your side, but didn't actually see anything happen, and just assumed.

I presume insurance have decided it's split liability?

"Not suitable for HGVs" does not mean HGVs are illegal there. A weight or height or length restriction would be required - and, even then, would normally come with an "except for access" caveat. And, even if it wasn't meant to be there, that doesn't mean liability is changed.

Aylesbury_Duck

You don't have a witness to an accident. You have a witness to a lorry, which is no use to anyone. 

Car_54

On a constructive note, the OP should invest in a dashcam to avoid this sort of thing in future>

MinuteNoodles

"Not suitable for HGVs" does not mean HGVs are illegal there. A weight or height or length restriction would be required - and, even then, would normally come with an "except for access" caveat. And, even if it wasn't meant to be there, that doesn't mean liability is changed.

This. There's one such example at Radlett. It's put in place because on the main road there's a bit about 150-200 yards long where the road narrows slightly due to car parking spaces in front of a row of houses and it's just not quite wide enough for two lorries to pass. But lorry drivers come across a similar situation quite regularly especially on industrial estates so just work it out between them who goes when if they both get there at the same time.