Car insurance liability dispute UK

Fullprice13

Hello all,  

I need your help in dealing with my insurer in UK over the liability for the car collision. I had a collision with other car and I am blamed for causing it. Quick picture of the situation. I was driving in a single lane and behind me there was another car. Around 20m before the intersection, starts a 2nd lane (on my right). The car behind me started engaging into this lane. However, once at the intersection (there are cars coming only from the left at this intersection) there was a car which advanced and wanted to jump in front of me. In order to avoid it I slightly turn right. Just to specify, the speed is limited to 20MPH there, my lane is considerably wide around 4,5m and the second lane (on my right) is considerably narrow as it is 2.7m wide. At the same time as I swayed, I feel the hit on my rear right-hand side (first I was hit into my right rear wheel and scratch continues into my rear back door). The guy first wanted to flee but then he stopped. Long story short, the insurer decided that i should be blamed for the collision. The argument is that even though I stayed in my lane I changed the trajectory of my course, so I am to be blamed for the contact with other car. When I said that the other car was very close behind me and he was not in his lane. The insurer said it does not matter as I swayed. My understanding is that if I stay in my lane, I can change the direction if for instance I need to avoid sth on the road as it was the case here. But clearly it is wrong. So, if anyone has some insights or thoughts on this, I will highly appreciate it. Many thanks.  

Ayr_Rage

If you swerved into another vehicle then you are at fault.

DullGreyGuy

I'm not clear on what caused you to swerve?  Sometimes a diagram, or series of them can be very helpful. 

Given you swerved and dont seem to be blaming a third vehicle for this and presumably didnt indicate your change in direction then initial response is you are likely to be found at least the majority to blame for the accident, if it could end up a split liability situation would need a clearer understanding of the events. 

From an impact to your policy fault or partial fault makes no difference, the difference it does make is an ability to recover part of your excess. 

Fullprice13

Thank for the answers. I swerved slightly as the speed was not great becasue the car from the left hand side wanted to engage into the main road I was on. Then, I was hit by the other car (rear right). My main point is that I was still in my lane when I swerved. Please see below how it looked like.

cw8825

Who do you feel is to blame and why?

car 2 - is driving along and you have swerved into them

Car 3 - has caused you to take avoiding action but presumably you didn’t exchange details with them and would be hard to prove. 

Fullprice13

yes Car 3 left the scene. I think Car 2 as he was too close to me and not in his lane. 

Fullprice13

IMO it should be either split liability or his fault as he was not in his lane when he started overtaking me and did not keep the safe distance. 

cw8825

Ok if it’s simply between you and car 2
you are at fault

simply put car 2 being in that position has not caused the accident. 

the contact was caused from you swerving

Fullprice13

ok, but even if he is not in his lane ?

cw8825

Him being in that position hasn’t caused the contact 

If you didn’t swerve. Both cars would have carried on 

it’s unfortunate as if you hadn’t swerved and hit car 3 it would not have been your fault 

LightFlare

cw8825 said:

Him being in that position hasn’t caused the contact 

If you didn’t swerve. Both cars would have carried on 

it’s unfortunate as if you hadn’t swerved and hit car 3 it would not have been your fault 

pedantically there wouldnt have been an incident if this had happened