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  • FIRST POST
    • tanvir
    • By tanvir 15th Jan 20, 3:34 PM
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    tanvir
    Insures want to admit liability to claim which is not my fault
    • #1
    • 15th Jan 20, 3:34 PM
    Insures want to admit liability to claim which is not my fault 15th Jan 20 at 3:34 PM
    **Raising on motoring forum as i created on insurance forum **

    A week before xmas i was involved in a car accident where i went into the back of 3rd party at about 15-20mph, I fully believe this was not my fault.
    I was travelling on the dual carriageway at 50mph, There is a private road from where you turn left at a giveway to join the dual carriageway. The 3rd party just joined without stopping at the giveway which resulted in me braking and going into the back of him as there wasn't enough stopping distance nor was he travelling at a high enough speed to keep a decent gap.

    At the scene he admitted liability and was ready to settle this outside of insurance and said will be in touch in the new year to arrange payment.
    Fast forward the new year and my insurers tell me his insurers hold me liable and his submitted an injury claim .

    The issue is my insurance are saying they don't wish drag this on as i hit him from the back so 99% he is going to win and I would have to admit liability. They are not interested that he made a dangerous entry onto the dual carriageway etc and just want to settle this which i find very strange for an insurance company.

    There is no CCTV footage as the council confirmed it wasn't recording at the time and no witnesses available.

    Is there anything I can do to pressure my insurance to at least fight this properly? At the very least its my word against his since he has no CCTV or witness either, but my insurers want to admit liability and settle this?

    What can I do?
Page 2
    • tanvir
    • By tanvir 15th Jan 20, 6:05 PM
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    tanvir
    How near this junction was the impact? Do you have photographs?

    It was a dual carriageway - was your carriageway a single lane, did the driver of the vehicle in the other lane stop and offer to give a witness statement?

    They're right - 99% of the time, "I drove into the back of somebody on a straight bit of wide road" is going to be the fault of the driver behind - and it's going to be very hard to show yours is the 1% without some pretty compelling evidence.

    It's a very similar situation to this thread, and there's going to be a huge degree of crossover between the answers.
    https://forums.moneysavingexpert.com/showthread.php?t=6091773
    Originally posted by AdrianC
    Like 2meters after he entered the dual carriageway from the giveway, the insurance saw the pictures and said they can see it is near the giveway but because it is not the full picture it can not be used to dispute the liability.
    • tanvir
    • By tanvir 15th Jan 20, 6:06 PM
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    tanvir
    Where exactly is the damage to your car and the third party's car?
    Originally posted by MovingForwards
    I have minor scratches to my front bumper and the third party has a small dent and scratchs on the rear bumper towards the right.
    • MovingForwards
    • By MovingForwards 15th Jan 20, 6:15 PM
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    MovingForwards
    I have minor scratches to my front bumper and the third party has a small dent and scratchs on the rear bumper towards the right.
    Originally posted by tanvir
    Drivers side? Passenger side? Middle?
    • AdrianC
    • By AdrianC 15th Jan 20, 6:17 PM
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    AdrianC
    "Towards the right" would suggest the offside.
    • tanvir
    • By tanvir 15th Jan 20, 6:21 PM
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    tanvir
    Drivers side? Passenger side? Middle?
    Originally posted by MovingForwards
    Well my damage is from driver side to the middle. 3rd party damage is also from middle to driver side
    Last edited by tanvir; 15-01-2020 at 7:19 PM.
    • MovingForwards
    • By MovingForwards 15th Jan 20, 7:23 PM
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    MovingForwards
    There is no evidence to support your claim they pulled out on you and your insurance company are settling the claim as you cannot prove otherwise.
    • tanvir
    • By tanvir 15th Jan 20, 11:55 PM
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    tanvir
    There is no evidence to support your claim they pulled out on you and your insurance company are settling the claim as you cannot prove otherwise.
    Originally posted by MovingForwards
    That I understand. But there is no proof from third party either. How do they know he didn't plan this? I.e just pulled out because he knows if someone goes into the back it's a guaranteed win and payout
    • Mercdriver
    • By Mercdriver 16th Jan 20, 1:22 AM
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    Mercdriver
    I am not suggesting anything like that. You or I are not prosecutors. The OP is not under scrutiny here. We have to accept what he says is correct. We have to accept that the other driver admitted that it was his fault at the scene.

    Maybe there is nothing the OP can do now, but if he had called the police at the time of the accident, he might have had a better outcome after statements were taken by them and a police report was available to the insurers.
    Originally posted by Mistral001

    I was knocked off my bicycle years ago in good visibility while wearing dayglo yellow sun not in driver's eyes. Open and shut DWDCA. Police took no action. Result was severe complicated fracture to collarbone and off work for 9 months after just returning to work 8 months after major surgery. 3rd party insurer took 18 months to accept liability.

    It's not down to the driver to accept liability and the driver cannot accept responsibility on behalf of the insurer. In court it might assist on basis of probability, but it won't make the third party insurer back down.
    • mcpitman
    • By mcpitman 16th Jan 20, 7:27 AM
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    mcpitman
    I had no option to go into him due to it being on the dual carriageway and if i was to swerve anywhere I would've hit other cars or they would've hit me
    Originally posted by tanvir
    Does your car have brakes? I don't understand that you had no option, why couldn't you brake in time?
    Life isn't about the number of breaths we take, but the moments that take our breath away. Like choking....
    • MovingForwards
    • By MovingForwards 16th Jan 20, 7:35 AM
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    MovingForwards
    That I understand. But there is no proof from third party either. How do they know he didn't plan this? I.e just pulled out because he knows if someone goes into the back it's a guaranteed win and payout
    Originally posted by tanvir
    The proof is in the vehicle damage (both cars), you had time to stop and didn't. You would have seen him start to pull out and adjust your speed accordingly, the TP had time to exit a side road and straighten up, before you went into the back of them.

    You can't win this, on the balance of probabilities, it's your fault.

    Stop clutching at straws about the planned actions of the TP, you can't prove anything and are only guessing. Believe it or not, insurance companies have records about accidents and who was involved in them, if the name / registration number flags anything then that is also dealt with by their fraud team; as your insurance company are settling the claim, nothing has flagged up.
    • tanvir
    • By tanvir 16th Jan 20, 10:04 AM
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    tanvir
    Does your car have brakes? I don't understand that you had no option, why couldn't you brake in time?
    Originally posted by mcpitman
    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
    • tanvir
    • By tanvir 16th Jan 20, 10:21 AM
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    tanvir
    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
    • By foxy-stoat 16th Jan 20, 10:59 AM
    • 5,696 Posts
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    foxy-stoat
    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
    Originally posted by tanvir
    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
    • By AdrianC 16th Jan 20, 11:05 AM
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    AdrianC
    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
    • By almillar 16th Jan 20, 1:12 PM
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    almillar
    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.
    • Colin_Maybe
    • By Colin_Maybe 16th Jan 20, 1:36 PM
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    Colin_Maybe
    Well my damage is from driver side to the middle. 3rd party damage is also from middle to driver side
    Originally posted by tanvir
    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
    • By AdrianC 16th Jan 20, 2:06 PM
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    AdrianC
    Surely the damage to both cars couldn't have been on the same side and in the same position?
    Originally posted by Colin_Maybe
    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
    • By tanvir 16th Jan 20, 2:16 PM
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    • 5 Thanks
    tanvir
    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.
    Originally posted by Colin_Maybe
    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
    • By Ergates 16th Jan 20, 2:24 PM
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    Ergates
    Does your car have brakes? I don't understand that you had no option, why couldn't you brake in time?
    Originally posted by mcpitman
    Physics? Brakes don't make your car stop instantly - which is a good thing because if they did you'd die.
    • Ergates
    • By Ergates 16th Jan 20, 2:27 PM
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    Ergates
    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.
    Originally posted by AdrianC
    If the OP was still braking hard it would have been difficult to steer around the other car in a controlled manner.
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