Non fault accident - proving liability

Samnormanski21

Unfortunately I was involved in a collision whilst waiting to exit a single lane junction onto a roundabout (Aitken Street, Leven). I was at the front of the junction and waiting to drive straight on but noticed a car to my right passing so stopped. I was driving an SUV

At this time a local elderly driver has tried to come up my near side (on the single carriage road) to turn left, not realising I had to stop for the car to my right, and driven into my near side drivers door and wing, with first paint cont at from her wing mirror on my rear passenger door.

she has not yet admitted fault, and despite my insurance company sending hers all the pictures, they have not replied. 

Anyone experienced anything similar, or feel there maybe a way where I’m deemed partially at fault. I was static and have several marks and scuffs down the side my car whilst she had a scuffed front offside bumper. Her response at the time was it goes into 2 lanes, but pictures show that not true and highways are doing a statement to confirm that is the case.

welcome thoughts and advice!

images include - damage to TP car
- Junction where I was stopped
realtime picture of junction where I was stopped

damage to my vehicle

Inbetweeners

As I'm sure you were aware, the other driver should not admit liability.

Pictures of the aftermath don't show how it happened. Unless you had footage of the actual incident or independent witness then think 50/50 is how it will go.

Car_54

Inbetweeners said:

As I'm sure you were aware, the other driver should not admit liability.

Pictures of the aftermath don't show how it happened. Unless you had footage of the actual incident or independent witness then think 50/50 is how it will go.

Probably right. Advice? - buy a dashcam.

Samnormanski21

I had a dashcam it didn’t capture the incident as only forward facing, not covering down the side of the car…

531063

Will dashcam footage show you were stationary at time of impact

Car_54

Samnormanski21 said:

I had a dashcam it didn’t capture the incident as only forward facing, not covering down the side of the car…

Didn't it capture the sound of the impact? I had a very similar incident and the dashcam footage settled the matter quickly.

DullGreyGuy

Inbetweeners said:

As I'm sure you were aware, the other driver should not admit liability.

Pictures of the aftermath don't show how it happened. Unless you had footage of the actual incident or independent witness then think 50/50 is how it will go.

On what grounds?

Not admitting liability is not the same as denying liability... at present it is too early to say what the likely outcome is, we'd need to know what the third party's version of events are and if the dash cam caught the moment of the crash even if it didnt directly catch the event - ie can we see the OP was stationary at the time. 

50/50 is a common outcome where there are differing version of events and no evidence to support one over the other however even in some of those cases its still 100% one persons fault because their version still makes them liable (take all the cases we see on here with someone reversing out of parking space, they feel the correctly proceeding vehicle should have given way but as soon as the fact they are reversing is known it massively slants the outcome)

daveyjp

Dashcam should have enough evidence to identify point of impact.  This can be used by the OP to prepare a full statment that the other vehicle driver is 100% at fault.  OP stopped to give way at a roundabout, car behind was driving too close and didn't stop resulting in a collision.

Samnormanski21

My dashcam doesn’t have sound it just makes a crackly noise when I played it back. I’m worried now the file may have been overwritten too as it’s a month ago (even though I’ve only used the car a few times since). I’ll need to try some recuva software to see if it’s still there, if not it will be my word versus there’s. 

The good news is my insurance company said there is no justification for coming up the near side of a car waiting to exit a roundabout on a single lane road

Okell

@Samnormanski21 -  here?

Aitken St - Google Maps

So the other driver tried to go by on the inside to turn left?

Might depend how you were positioned to go straight on**.  If you were over to the left (which is where I think I'd want to be) then it should have been obvious to the other driver that there was no room.  But if you were way over to the right, she might have thought she could sneak through...

However, if your dashcam shows you were stationary, I'd have thought you should win.  A reasonably careful and competent driver shouldn't hit a staionary car.


** Where you positioned your car might be relevant.  Looking at the map the 1st exit is at 9 o'clock; the 2nd exit ("straight on"?) is at 2 o'clock; and the third exit at 4 o'clock.  If I were taking the second exit I'd position my car to the left of the lane, but some people might position it to the right, as they see it as turning right and not straight on.

Samnormanski21

Yes mate was here. I was positioned yo the left. As I looked to go a cat came from the right so I didn’t go, ire at this point the car tried to sneak through on a course in the lane that doesn’t exist. Then hits me as I look to move forward 

I downloaded dashcam and the files now start the day after… so unlikely to have it. My wife was on the car on the passenger seat where contact was made, but as an ex cop I didn’t see her as independent witness.

got to rely on insurance to do there job 

Okell