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    • gwernybwch
    • By gwernybwch 29th Oct 17, 7:30 AM
    • 188Posts
    • 38Thanks
    Car Accident - Suspect that she will deny liability - advice please?
    • #1
    • 29th Oct 17, 7:30 AM
    Car Accident - Suspect that she will deny liability - advice please? 29th Oct 17 at 7:30 AM
    I was involved in a car accident yesterday afternoon. It happened on a B road in a place on the road where if driven with care, two vehicles could pass.

    I was hit by a 4x4 towing a horse box. There are skid marks on the road for about 30 yards from where the 4x4 started to brake. My vehicle was in the ditch from me trying to avoid them. The accident was 'witnessed' by a car following me, he didn't say much to me at the time as to what he thought or saw, apart from pointing out the length of the skid marks.

    As far I concerned the other driver is clearly at fault and was driving too fast for the type of road and for the size of trailer that they were towing.

    We exchanged phone numbers at the side of the road, but that was about it (since have the registration number and the insurers details). Couldn't phone anybody as there was no mobile signal.
    I said to her at the time that I thought that she was at fault, but all she really said that was that it insuruers always said not to mention liability, although she did say "I'm sorry at one point".

    There was something about her that says to me she is going to try it on "damp driving conditions, narrow country road, knock for knock blah, blah"

    The damage is their front wing / bumper hitting my front wing and pushing along the drivers side door. Mine was drivable enough for me to limp home, but there was damage to the steering, window screen, engine light came on. There might even be chassis damage. Definetly not drivable otherwise. I didn't have any whiplash type injuries, but was in severe shock when I got home and the accident has set my IBS off big time.

    Any advice what I should do now?

    Would it be helpful if I report it to the Police now? Do I mention that it my opinion she wasn't driving with due care and attention? I'll guarantee that the brakes on the horse box weren't working correctly and maybe even the 4x4 wasn't in a roadworthy state (the 4x4 was 20 years old and the horse box about the same age). Do I mention that?

    Anything that I need to do to help my case?

    I need a car for work. I've phoned my insurer. I'm told that I don't have a hire care policy and a replacement car is only provided if they decide that it is repairable. If it is a write-off no replacement car. Either way, it means me hiring a car for a least a few days. I've got a £250 excess, but no legal advice policy. All in all, I'm going to be seriously out of pocket unless she admits liability.

    Thanks in advance for any replies.
Page 2
    • gwernybwch
    • By gwernybwch 17th Nov 17, 11:21 AM
    • 188 Posts
    • 38 Thanks
    Hi gwernybwch,

    I have something very very similar going on for an accquaintence of mine and most of the advice here boils down to going down the honest road. My case although my query is little bit different. My friend was on the recieving end of the accident on a static parked car. Informing his own insurance company in that case is a good Idea? Because my friend is concerned that it will mess up his insurance rates. Getting your lawyer involved is a no brainer. Let me know if including your insurer in this mess is a good idea. I would really know to know how things turned out for you in the end.
    Originally posted by robertbs
    I'm afraid I'm no expert on this subject, I've been driving for 30 years and this is the first time that I have been hit. I've heard of incidents where people sort out bumps without going through insurance companies, I've got no idea if this is legal though. As this was a serious bump (mine is a write-off), I've got no choice but to go through the insurance company. The process of having a vehicle valued felt like I was dealing with some 'wide boys' rather than a professional valuer.

    Perhaps it might be better for you to start a new thread for your own situation?

    Edit: Are you even in the UK? Different legal systems exist in different countries!

    Last edited by gwernybwch; 17-11-2017 at 11:23 AM.
    • gwernybwch
    • By gwernybwch 8th Feb 18, 9:22 PM
    • 188 Posts
    • 38 Thanks
    Just to give a – final – update on this.
    The witness gave his statement and after much going back and fourth, her insurers have accepted that she was 100% at fault :-)

    Although it doesn’t seemed to have slowed her down one bit. She is now got a shiny new Discovery and is once again an accident waiting to happen. Tally ho!

    Thanks to all that posted useful replies.
    • MonkeySaving?
    • By MonkeySaving? 8th Feb 18, 10:02 PM
    • 1,070 Posts
    • 682 Thanks
    Time to buy a dashcam
    • gwernybwch
    • By gwernybwch 8th Feb 18, 10:14 PM
    • 188 Posts
    • 38 Thanks
    Time to buy a dashcam
    Originally posted by MonkeySaving?
    Funny you say that; on Christmas Day alone I saw three "near misses" and I decided that I was going to buy one in the January sales, but it has since gone straight out of my head. Thanks for reminding me :-)
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