Car Incident - Who's liable?

raskazz

Unfortunately claims where liability is disputed are seldom resolved quickly, and require a fair amount of patience. As I'm sure you'll appreciate, such legal wranglings are conducted in writing and this takes time. I'm sure it is not the case that your insurers are 'doing !!!!!!-all'.

The driver's partner is a witness, however she is not an independent witness, hence her version of events will be of little or no use to the third party insurer.

neocoombs

If it is a busy roundabout, is there any CCTV, if so, contact the council see if they can help!!

jamesaudi

No CCTV im afraid, its a busy roundabout but not in the middle of town or annywhere like that.

Paparika

It's definitely true if someone goes into the back of you its their fault for not leaving enough space for breaking, and the fact he admitted at the scene, he now has the his word against yours scenario to deal with, his partner will not be asked as a witness as she will be connected to him.

mattymoo

Might be worth putting something in writing to your insurers to state that you are pursuing a claim against the other driver for your uninsured losses and injuries, that you hold the driver fully responsible and will not allow them to enter into any discussion about apportioning liability without your authority.

If they were to do this, it would prejudice your uninsured loss claim meaning you would be unable to recover in full.

jamesaudi

How would i persue a claim for my injuries? would it have to be an outside company like you see on the TV etc..

mattymoo

did you take out the legal expenses cover with your own policy, if so, they will pay for a solicitor to act on your behalf.

If you are a member of a trade union, they often offer this service to members. It is also sometimes given away with premium bank accounts, the ones where you pay a monthly fee.

Otherwise, a solicitor specialising in motor personal injury claims will be your best bet. Most will work under a no win, no fee arrangement but you will need to explain that liability is being disputed.

jamesaudi

Yes, i took oout legal protection with my insurance.
Thanks for your help everyone, ive sent them a letter explaining it all, along with photos of the cars and a googlemap of the island where the accident happend with drawings on it of car positions etc..

anniecave

I would agree with the posts above. Just let the insurance companies deal with this from now on.

people pulling out in front of people is soooo common, and I'm surprised more accidents don't happen on roundabouts like that. My only major accident was exactly that - I pulled out in front of someone - I never even saw them - it was a busy fast roundabout and I was having a bad day. Of course it was my fault but there you go.

I hope you get it all sorted OK.

I had an accident last September not my fault that is still being argued out so I hope you get it sorted faster than me!