Insurance dispute

sheaoc

My partner was making a right turn on an A road and a on coming car had crashed in the rear left axle causing the the car to turn 120 degrees and the rear left wheel to come off the car.
She had almost completed her turn.
There was nothing restricting his view to stop but that would be debatable. For an axle to fail would require a high impact hit which makes me to believe he was speeding. I also took photos of his tyres they show lack of thread and can see the wire within the tyre i also ran an mot check and his car had no road tax.

My partner has been badly injured and insurance is saying she is liable for she made right turn. I refuse to accept liability for he had hit the  rear left hand side of the vehicle. 

The damage done to my car is a write off due to the damage caused. 
Any legal advice would be greatly welcomed.

daveyjp

If you disagree with the decision you need to have some pretty solid evidence to demonstrate they are wrong.

Dashcam or CCTV as a bare minimum, police report if they attended.

No tax or MOT does not absolve your partner of any responsibility for the accident.

bouicca21

She thought there was enough time to make the turn but there wasn’t.  Her fault.

daveyjp

bouicca21 said:

She thought there was enough time to make the turn but there wasn’t.  Her fault.

Unless there is evidence to show the other driver was driving dangerously, the obvious ones here being significantly excess speed and a road layout which meant the other car wasn't seen before the turn was made.

Hence the need for solid evidence.  Without it no chance of blaming the other driver.

cajef

Duplicate thread, two pages of answers here:-

https://forums.moneysavingexpert.com/discussion/6153016/insurance-dispute#latest