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  • FIRST POST
    • Chalk07
    • By Chalk07 9th Mar 18, 2:06 PM
    • 13Posts
    • 8Thanks
    Chalk07
    Accident Last Night - Not at fault
    • #1
    • 9th Mar 18, 2:06 PM
    Accident Last Night - Not at fault 9th Mar 18 at 2:06 PM
    Hi All,

    After some advice/help really!

    I was involved in an accident last night, turning right at a roundabout that has two lanes upon roundabout entrance and exit. I exited the roundabout and someone cut me up and came into the lane I was in and didn't look like they were going to stop. I had to swerve to avoid hitting them and subsequently hit a lamppost.

    Luckily, as it's an entrance to a tunnel, the police were basically on the scene and saw it happen. I also had a witness that confirmed what had happened who said it was the other persons' fault, whose details I have. The 3rd party's car was not damaged at all and mine has been deemed a write off by the police and AA (not yet been assessed by my insurance company), my body is aching all over and I'm 99% sure I have whiplash (not trying to sound like the typical accident victim.)

    The police interviewed both myself and the 3rd party and according to his statement from the police, he has basically accepted he was at fault. At no point did he apologise to me, see if I was ok etc. I guess he didn't want to disclose anything in case it is used against him in future!

    Due to his car not being damaged at all, where do I stand? Will my insurers assume it's my fault? The car was bought with finance and I don't have GAP insurance , it was only purchased in October last year, and it's a used car .

    I'm just really worried it's going to be a very long process and I have no car to drive in the meantime to and from work and running my son around, and my premiums will increase. Someone has advised I use a company called Accident Exchange, does anyone have any experience with these guys?

    If anyone has experienced anything similar and can provide any advice at all that would be great, feeling very much isolated with a huge amount of information being thrown from all kinds of directions and little knowledge on the subject

    Thanks!
Page 2
    • AndyMc.....
    • By AndyMc..... 9th Mar 18, 5:23 PM
    • 1,354 Posts
    • 927 Thanks
    AndyMc.....
    It was the far left lane, so no... you do not.
    Originally posted by Chalk07
    You turn right from the far left lane?
    • AndyMc.....
    • By AndyMc..... 9th Mar 18, 5:24 PM
    • 1,354 Posts
    • 927 Thanks
    AndyMc.....
    How exactly?
    Originally posted by Chalk07
    You crashed.
    • z1a
    • By z1a 9th Mar 18, 5:26 PM
    • 1,258 Posts
    • 1,194 Thanks
    z1a
    It was the far left lane, so no... you do not.
    Originally posted by Chalk07
    Lane 3 would normally be the RH lane.
    • Car 54
    • By Car 54 9th Mar 18, 5:30 PM
    • 2,933 Posts
    • 1,862 Thanks
    Car 54
    Lane 3 would normally be the RH lane.
    Originally posted by z1a
    Exactly. Perhaps the OP is Chinese or Arabic.
    • AndyMc.....
    • By AndyMc..... 9th Mar 18, 5:35 PM
    • 1,354 Posts
    • 927 Thanks
    AndyMc.....
    Exactly. Perhaps the OP is Chinese or Arabic.
    Originally posted by Car 54
    Whatever they are it needs clarifying before their insurance accept liability.
    • Tinks74
    • By Tinks74 9th Mar 18, 5:56 PM
    • 192 Posts
    • 122 Thanks
    Tinks74
    Stop being obtuse, OP could have named the lanes Fred, Barney and Wilma, the explanation given beforehand is sufficient to enable interpretation of what occurred.
    • tho
    • By tho 9th Mar 18, 6:16 PM
    • 269 Posts
    • 552 Thanks
    tho
    Surely if the other driver has accepted liability and is a police statement accepting liability, then it doesn't matter what everyone on here wants to decide.

    Op, give the details to your insurance company, let them run with it.
    • z1a
    • By z1a 9th Mar 18, 6:36 PM
    • 1,258 Posts
    • 1,194 Thanks
    z1a
    Stop being obtuse, OP could have named the lanes Fred, Barney and Wilma, the explanation given beforehand is sufficient to enable interpretation of what occurred.
    Originally posted by Tinks74
    No, normal people number lanes from nearside counting up, as insurance would assume.
    • Quentin
    • By Quentin 9th Mar 18, 6:50 PM
    • 35,602 Posts
    • 19,818 Thanks
    Quentin
    Surely if the other driver has accepted liability and is a police statement accepting liability, then it doesn't matter what everyone on here wants to decide.

    Op, give the details to your insurance company, let them run with it.
    Originally posted by tho
    As far as the insurer is concerned any roadside acceptance of liability by a policyholder is irrelevant. (And breaches the insurance policy conditions)

    And liability is a civil matter, and nothing to do with the police.

    As others have already advised the OP should let his insurer deal with this this

    Or if you don't want to be involved in the hassle of paying your excess and having to reclaim it etc consider using a claim management company to deal directly with the third party insurer if liability is clear cut
    • cjdavies
    • By cjdavies 9th Mar 18, 7:01 PM
    • 3,299 Posts
    • 3,515 Thanks
    cjdavies
    To be a write off from hitting a lamp post you must have been going at some speed, may I suggest going a bit slower?
    Originally posted by Tarambor
    My car had a small bump and smashed passenger window when it was hit, the assessor said straight away it will be wrote off due it's age. You do know the older the car is the more it loses its value right?
    Last edited by cjdavies; 09-03-2018 at 7:10 PM.
    • DoaM
    • By DoaM 9th Mar 18, 8:13 PM
    • 4,284 Posts
    • 4,330 Thanks
    DoaM
    You do know the older the car is the more it loses its value right?
    Originally posted by cjdavies
    But OP also talks about no gap insurance, suggesting that this isn't an old banger.

    PS - the nearer the car is to brand new the more it loses its value ... depreciation is an exponential decay, it loses as much if not more value in the first X years than it does in the next 2X years.
    Last edited by DoaM; 09-03-2018 at 8:15 PM.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Tarambor
    • By Tarambor 10th Mar 18, 4:58 PM
    • 2,846 Posts
    • 2,059 Thanks
    Tarambor
    It was the far left lane, so no... you do not.
    Originally posted by Chalk07
    That is L3. L1 is the one on the left most side. So not only do you not know what lane is what, you were still in the right lane exiting the roundabout at the point where you were almost at the central reservation on that exit when you decided to leave. The guy who was in the left lane no doubt exiting the fourth exit and in the left lane to come off to go up Dale Street assumed you were going to go back up the A59, were you even using your indicators?

    I've been round that roundabout many times over the years and people drive like utter idiots on it. I'm beginning to think more and more that you were trying to go flying round the outside (the roundabout island side) and overtake the cars to your left on the roundabout and came a cropper.
    Last edited by Tarambor; 10-03-2018 at 5:06 PM.
    • unholyangel
    • By unholyangel 10th Mar 18, 8:47 PM
    • 12,286 Posts
    • 9,621 Thanks
    unholyangel
    OP if you're lucky, the guys insurers will just pay out and won't question anything. If they do starting asking questions, imo you're looking at split liability. Other driver would hold some liability for being in the wrong lane but you will also hold liability.

    While your wording of "he cut me up" implies he crossed into your lane, it seems it was actually you who crossed into his lane/failed to give way to traffic already in that lane.

    Sorry OP, but thats my opinion based on what you've told us.
    Money doesn't solve poverty.....it creates it.
    • Cash-Strapped.T32
    • By Cash-Strapped.T32 11th Mar 18, 9:37 AM
    • 483 Posts
    • 261 Thanks
    Cash-Strapped.T32
    Not getting into any of the debate of the rights, wrongs, backward numbering of lanes etc.. (although I noticed that too )..

    In short in scenarios where your car is damaged but the other car hasn't been touched then if there are no witnesses willing to give a very detailed witness account, that your insurance company will consider a "slam dunk" (as the Americans say), or unless there is CCTV/cam footage, you're pretty much stuffed.

    Can you be surprised if the other driver's insurance co refuse to hand out a bunch of money to your insurance co, when their own customer's car hasn't been in an accident?
    Because of this, your insurance company know that most of the time it's a waste of time to try & claim from the other insurance company, and thus won't waste the manpower and time (which can be the most expensive part when you add in hire cars, etc.. - even more so if you've got compo-neck syndrome) to try & claim - ergo it ends up being a fault-claim for you.

    Your insurance co need easy to interpret proof they can send to the other insurance co, such that they'll go "yeah ok, we can't get out of this one - here, have a load of money"

    In this scenario however, you seem to have decent witnesses *and* police backup (in the witness sense, not for prosecution).
    Make the most of it.
    Ensure you get everything you can from those witnesses asap, personally I'd be getting statements form them, not just promises to give a statement at a later date, if required, etc..

    Best of luck
    Last edited by Cash-Strapped.T32; 11-03-2018 at 9:57 AM.
    • Hermione Granger
    • By Hermione Granger 11th Mar 18, 4:07 PM
    • 844 Posts
    • 1,320 Thanks
    Hermione Granger
    That is L3. L1 is the one on the left most side. So not only do you not know what lane is what
    Originally posted by Tarambor

    I wouldn't be too smug about telling people that they don't know what they are on about.
    Only yesterday you gave "advice" to someone by referring to an organisation that hasn't existed for almost 4 years. (VOSA).
    People living in glasshouses.. etc.
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