Car Accident Insurance Advice

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Hi so basically today I was on my way home from work at around 4:45pm. I work in a hospital campus and travel through the hospital twice a day, 5 days a week. The hospital campus is horrendous, roàds are narrow and busy, parking spaces limited and buses going through means people often forget how to drive. I am saying this as being used to this horrendous place I always use extreme caution when driving through as people stop where they want, don't use indicators etc.
So I was traveling down the hospital road when someone in front of me was stopped near the kerb (a normal occurence) I hesitated thinking !!!!!! is he doing before indicating to take over him, no oncoming traffic etc and the road is straight. As I'm coming up the side of him he begins turning right into a parking space on the opposite side. I seen it happen in slow motion and knew we was going to collide. I braked but had nowhere to swerve to as I was near the kerb and a lamp post. As I came to a stop he continued to come into the side of me before hitting me, although the positioning of the cars we kind of hit each other even though I stopped before he hit me. So his right drivers door was against my left passenger door meaning he couldn't get out and his drivers front side was in my passenger front side. He is basically saying I drove into him as he was just parking and that I was on the wrong side of the road. He said because of this the insurance won't even give me a say (he took photos). My car would be a write off if my dad wasn't a mechanic and even at that it's not going to be cheap but I don't want to claim as i don't want to lose my no claims. The damage was to his was a company van with no apparent body damage but he couldn't drive it as the wheel had snapped or whatever holds it on. It couldn't be pushed either, completely limp from the wheel dropping. I have spoken to my insurance and they have said from what I have explained he is negligent as didn't check mirrors and that if he gives the same version of events he will be at fault. I'm just so worried as this has never happened before and I don't understand how it works or who's fault it will come across to the liability team. I told the insurance what he had stated I had done wrong and they rejected that I was in the wrong and basically said he doesn't know anything as he isn't a professional. There are no witnesses (it was a busy time and caused a blockage but no-one got out and I was too shaken at the time) and no dash cam etc. I'm just so worried with the cost of the damage as well as the whole insurance thing. His company hasn't made a claim yet but probably will Monday. So basically it was a side on side collision from me overtaking and him suddenly swinging into a parking space on the opposite side to where he was, so he must of only looked forward and not contemplated someone coming up and around him. I drive a 7 seater Zafira and his was a Ford Transit so they are around the same length (I could be wrong actually) they just seemed it at the time.
My damage is that the whole side wheel panel has been dented and dropped causing the plastic to fall down onto the wheel, smashed headlight and indicator, bumper damage, various plastic parts of the bumper snapped, dents in the front metal and side pushing into the light area, scrapes, scratches and chipped off paint work and leaking window wiper fluid from the bottom near the bumper.

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  • debtdebt
    debtdebt Posts: 949 Forumite
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    You're telling a story. What advice do you want?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    So I was traveling down the hospital road when someone in front of me was stopped near the kerb (a normal occurence) I hesitated thinking !!!!!! is he doing before indicating to take over him, no oncoming traffic etc and the road is straight. As I'm coming up the side of him he begins turning right into a parking space on the opposite side.
    Somebody trying to park turns into (rare) parking space.

    What a surprise.

    I seen it happen in slow motion and knew we was going to collide. I braked
    And did you hit the horn?

    but had nowhere to swerve to as I was near the kerb and a lamp post.
    I thought you were pootling past at damn near walking space, ready for somebody to do this sort of thing?

    He is basically saying I drove into him as he was just parking and that I was on the wrong side of the road. He said because of this the insurance won't even give me a say (he took photos).
    He can say what he likes. It's not up to him to decide.

    but I don't want to claim as i don't want to lose my no claims.
    You will only lose your NCB if you are held to be at fault, at least partly.

    The damage was to his was a company van with no apparent body damage but he couldn't drive it as the wheel had snapped or whatever holds it on. It couldn't be pushed either, completely limp from the wheel dropping.
    So you were pootling past at walking pace, ready for him to do something like this, he moved away from stationary... and this is the resulting damage?


    Oh, c'mon.

    I have spoken to my insurance and they have said from what I have explained he is negligent as didn't check mirrors and that if he gives the same version of events he will be at fault.
    You have a version of events. He has a version of events. They are both as believable as each other, in isolation. The damage tells another version of events. Which does it support?


    There are no witnesses (it was a busy time and caused a blockage but no-one got out and I was too shaken at the time) and no dash cam etc. I'm just so worried with the cost of the damage as well as the whole insurance thing.
    If nobody has a dashcam or cctv of any other kind of independent evidence, then it's probably going to be 50/50.

    So basically it was a side on side collision from me overtaking and him suddenly swinging into a parking space on the opposite side to where he was, so he must of only looked forward and not contemplated someone coming up and around him.
    Or was he indicating, and making a perfectly predictable manouvre when you suddenly tried to dive through a gap that wasn't there?

    My damage is that the whole side wheel panel has been dented and dropped causing the plastic to fall down onto the wheel, smashed headlight and indicator, bumper damage, various plastic parts of the bumper snapped, dents in the front metal and side pushing into the light area, scrapes, scratches and chipped off paint work and leaking window wiper fluid from the bottom near the bumper.
    This does not support a walking-pace scrape...
  • Aylesbury_Duck
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    Shared blame all day long.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    AdrianC wrote: »
    Or was he indicating, and making a perfectly predictable manouvre when you suddenly tried to dive through a gap that wasn't there?
    Whether he was indicating or not the TP was parked up and stationary and shouldn't move off until it was clear to do so. His fault entirely but worth the lack of any witnesses the insurers may well push for 50/50.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    neilmcl wrote: »
    Whether he was indicating or not the TP was parked up and stationary and shouldn't move off until it was clear to do so.
    Such is the OP's claim.

    The other driver may well say that they started the manoeuvre, then realised the OP was going for it, stopped immediately, but the OP hit them anyway.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    AdrianC wrote: »
    Such is the OP's claim.

    The other driver may well say that they started the manoeuvre, then realised the OP was going for it, stopped immediately, but the OP hit them anyway.
    But that really doesn't hold water. If this was the case how could the TP explain not seeing the position of the OP's car when he supposedly checked his mirrors prior to manoeuvring, or is this another case of cars appearing from nowhere ;)
  • tacpot12
    tacpot12 Posts: 7,972 Forumite
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    The OP hasn't actually asked a question, but I think they just want a view on whose fault this was. It will come down to the two insurance companies to argue about fault, but the damage sounds quite severe, so it is best to leave the arguement to the insurance companies and use the fact that you have insurance to get your car repaired as quickly as possible so you can get back to normal.

    As with most accidents, there is usually something that you could have done to help avoid the accident, but ultimately the cause here looks like the van driver turning into the path of a car that was making a legal manoeuvre. The van driver might have been more aggressive than expected because he might receive some sanction from work, or have had other accidents and be under threat of dismissal - he may really need this to be your fault, but unless he provides an alternative version of event it looks like he will be held liable.


    Normal advice after an accident is to avoid admitting liability, but I appreciate this can be very difficult in the heat of the moment, especially if you think you have caused the accident. The British are very prone to apologising, even when they have done nothing wrong! I've have had more than my share of accidents and now I try to say something like "Oh dear, this is unfortunate. Do you want my insurance details?"
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • sevenhills
    sevenhills Posts: 5,887 Forumite
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    Hi so basically today I was on my way home from work at around 4:45pm. I work in a hospital campus and travel through the hospital twice a day, 5 days a week. The hospital campus is horrendous, roàds are narrow and busy, parking spaces limited and buses going through means people often forget how to drive. I am saying this as being used to this horrendous place I always use extreme caution when driving through as people stop where they want, don't use indicators etc.
    So I was traveling down the hospital road when someone in front of me was stopped near the kerb (a normal occurence).


    If this had occured on a public road I would have said it would be difficult to prove fault, although you saying that the van could not be driven implies some speed; even more difficult to prove any fault in a private hospital road.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    neilmcl wrote: »
    But that really doesn't hold water. If this was the case how could the TP explain not seeing the position of the OP's car when he supposedly checked his mirrors prior to manoeuvring, or is this another case of cars appearing from nowhere ;)
    Simple. They thought the OP had seen them and stopped - then lunged for the non-existent gap, at which point they stopped immediately. But the OP hit them.
  • Marvel1
    Marvel1 Posts: 7,172 Forumite
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    Too late now, but you need a dash cam.
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