Insures want to admit liability to claim which is not my fault

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Comments

  • tanvir
    tanvir Posts: 53 Forumite
    Thanks for all your responses.. Looks like nothing I can do without evidence and I'm just going to take this loss.
    Appreciate all the input provided from everyone
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
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    tanvir wrote: »
    It's a dual carriageway where I am travelling at 50mph, he has joined the dual carriageway without doing his necessary checks and stopping at the giveaway. I saw him coming to the approaching the giveway and I anticipated he will be stopping at the giveway as any normal driver but he didnt and just joined and also joined at a slow speed where when i hit the brakes there wasn't enough stopping distance

    If you saw him approaching the give way (not stopping) then you should of been at least slowing down or looking to slow down and checking to the right of you to see if anyone was there...just incase, as before he had stopped he should be considered a moving hazard. It can happen very quickly, as you have found out. Easy after the event.

    Just like driving down the road with children walking or cycling along the pavement with parked cars, you would anticipate that they should stay on the pavement but anyone of them at any time could run across the road without looking.

    Afraid you have to assume that EVERYONE on the road doesn't know how to drive and they are ALL out to get you. Works for me.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    There's also the minor detail that a standard two-lane dual carriageway is 7.3m wide, 3.65m per lane. Few cars are wider than about 1.8m.

    The OP clearly managed to lose enough speed to make the impact very, very minor - so it's entirely possible that there would have been room to get alongside.

    But that doesn't alter either the other driver's liability, in the circumstances as described, or the way insurance will deal with it. It's merely pointing out that impact is not always inevitable.
  • almillar
    almillar Posts: 8,621 Forumite
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    Does your car have brakes? I don't understand that you had no option, why couldn't you brake in time?

    You're driving along a road. A car on the left is waiting to pull out (in OP's case the car isn't stationary, sure). You keep driving. There is a point at which, if he pulls out, you won't be able to stop. Don't you accept this? OP asserts that he was past this point.
  • tanvir wrote: »
    Well my damage is from driver side to the middle. 3rd party damage is also from middle to driver side

    Surely the damage to both cars couldn't have been on the same side and in the same position?

    If you were travelling at 50mph then you were very lucky there wasn't a lot more damage to the car and both drivers.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    Surely the damage to both cars couldn't have been on the same side and in the same position?
    Yes, easily.

    The cars weren't necessarily travelling in exactly the same direction. It was clearly a low-speed impact, so if the front car had turned right just before impact and/or the rear left, then OSF to OSR would be eminently possible.
  • tanvir
    tanvir Posts: 53 Forumite
    Surely the damage to both cars couldn't have been on the same side and in the same position?

    If you were travelling at 50mph then you were very lucky there wasn't a lot more damage to the car and both drivers.

    To clairfy prior to him pulling out i was at 50mph the moment i saw him pull out without checking i slammed the brakes reducing the speed to approx 20mph from 50mph given the minimal stopping distance
  • Ergates
    Ergates Posts: 2,108 Forumite
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    mcpitman wrote: »
    Does your car have brakes? I don't understand that you had no option, why couldn't you brake in time?

    Physics? Brakes don't make your car stop instantly - which is a good thing because if they did you'd die.
  • Ergates
    Ergates Posts: 2,108 Forumite
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    AdrianC wrote: »
    There's also the minor detail that a standard two-lane dual carriageway is 7.3m wide, 3.65m per lane. Few cars are wider than about 1.8m.

    The OP clearly managed to lose enough speed to make the impact very, very minor - so it's entirely possible that there would have been room to get alongside.

    If the OP was still braking hard it would have been difficult to steer around the other car in a controlled manner.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    First Anniversary Name Dropper First Post
    50mph to 20mph is about 32m braking distance going by the notoriously long HC figures.
    stoppingdistances.jpg
    Ergates wrote: »
    If the OP was still braking hard it would have been difficult to steer around the other car in a controlled manner.
    We're not talking about planting everything from warp speed...

    We're talking about a couple of seconds to shed 30mph.
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