Dominos driver hit me. Insurance just got messy

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Glew
Glew Posts: 1 Newbie
in Motoring
On 11th Oct, I drove onto a mini roundabout and was hit behind by a Dominos driver who came on from the right way too fast. I checked before pulling out but he wasn't at the roundabout yet and only when he crossed the line was it obvious he was going too fast. His front bumper drivers side hit my rear bumper drivers side. Most importantly we were ok but damaged bumpers and I've been achy since. Dr confirmed whiplash but thats not where I'm going with this.
The next day I got a call from 'Innovation group' on behalf of Equity insurance. They said "Equity believe their driver is at fault" and so we went down the process of sorting my repairs direct. As instructed, I got a quote for a new bumper and submitted that to innovation group understanding the next step to be repairs and then done.
A few days later (and 7 days after the accident), I hadn't heard anything else but wanted to 'notify only' on my insurance. I had hoped to have had a response to give my insurance complete update but didn't want to wait any longer.
On calling for notification only, I was told it was already in the system because the other driver has claimed it was my fault now. (He did this 7 days after the accident and 2 days after I submitted my estimate) I don't understand. I was originally called with a very different outcome and that has now been retracted. Can this happen? I am now fighting to prove my innocence.

Has anyone else had experience with such a u-turn? I am pushing for his dash cam footage and also requesting cctv from nearby businesses. I am frustrated, scared and totally overwhelmed. The other thing now is I don't know if Innovation/Equity are acting on behalf of the driver or Dominos. All I know is the claim against me was by the driver.
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  • SHAFT
    SHAFT Posts: 565 Forumite
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    Glew wrote: »
    On 11th Oct, I drove onto a mini roundabout and was hit behind by a Dominos driver who came on from the right way too fast. I checked before pulling out but he wasn't at the roundabout yet and only when he crossed the line was it obvious he was going too fast. His front bumper drivers side hit my rear bumper drivers side. Most importantly we were ok but damaged bumpers and I've been achy since. Dr confirmed whiplash but thats not where I'm going with this.
    The next day I got a call from 'Innovation group' on behalf of Equity insurance. They said "Equity believe their driver is at fault" and so we went down the process of sorting my repairs direct. As instructed, I got a quote for a new bumper and submitted that to innovation group understanding the next step to be repairs and then done.
    A few days later (and 7 days after the accident), I hadn't heard anything else but wanted to 'notify only' on my insurance. I had hoped to have had a response to give my insurance complete update but didn't want to wait any longer.
    On calling for notification only, I was told it was already in the system because the other driver has claimed it was my fault now. (He did this 7 days after the accident and 2 days after I submitted my estimate) I don't understand. I was originally called with a very different outcome and that has now been retracted. Can this happen? I am now fighting to prove my innocence.

    Has anyone else had experience with such a u-turn? I am pushing for his dash cam footage and also requesting cctv from nearby businesses. I am frustrated, scared and totally overwhelmed. The other thing now is I don't know if Innovation/Equity are acting on behalf of the driver or Dominos. All I know is the claim against me was by the driver.

    If his dash cam proves it's his fault I'll bet it wasn't recording at the time.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    Glew wrote: »
    On 11th Oct, I drove onto a mini roundabout and was hit behind by a Dominos driver who came on from the right way too fast. I checked before pulling out but he wasn't at the roundabout yet and only when he crossed the line was it obvious he was going too fast.

    Unless you have an independent witness or his dashcam footage could be used to gauge the speed of his vehicle, (and I wouldn't be surprised to find that it wasn't turned on) I can't see this going any way apart from your being held to be at fault.
    You are saying that he was going too fast and if he says that he wasn't, then without independent corroboration, the speed is irrelevant
    As it was a mini roundabout and you probably had a good view of all approaching traffic, the onus would be on you to make sure that it would be safe to pull onto the roundabout taking into account of any vehicles on or approaching.
  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
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    At roundabouts you give way to vehicles from the right.
    I am not a cat (But my friend is)
  • sheramber
    sheramber Posts: 19,109 Forumite
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    but he wasn't at the roundabout yet

    How near was he?
  • comeandgo
    comeandgo Posts: 5,744 Forumite
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    His speed is your opinion, nothing factual to prove or otherwise. You came out in front of him, fact.
  • Arklight
    Arklight Posts: 3,171 Forumite
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    I think this could easily go 50:50. Meat feast and Hawaiian. You could probably push for a jumbo garlic bread too.

    You'll need a claims handler for this. A top one.
  • missile
    missile Posts: 11,689 Forumite
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    They said "Equity believe their driver is at fault" and so we went down the process of sorting my repairs direct.
    You ought to have asked for written confirmation.

    You ought to have advised insurer at the time of the accident.This will be a condition of your policy and they are unlikely to look kindly on a client who fails to do so.

    With no credible independent evidence to the contrary, this accident will be deemed to be your fault.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    You pulled onto a mini roundabout and were hit from behind by a vehicle coming from your right.

    Just pause and read that back to yourself a few times.

    You thought you could nip in before he got there. You were wrong.
  • jimbo6977
    jimbo6977 Posts: 1,226 Forumite
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    At a roundabout you give way to the right, but (in theory) only to vehicles already on the roundabout. Otherwise you'd have to give way to a vehicle 200 yards away if you could see it. In the end we'll all need 360deg webcams on the roof like Google maps.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    Alter_ego wrote: »
    At roundabouts you give way to vehicles from the right.
    "unless you have been directed otherwise by signs, road markings or traffic lights". There are some mini roundabouts that will have a give way sign and road markings at one entrance which would mean you would give way to all traffic.
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