Accident this Morning

[Purp23]

Hi Guy's and Gal's,

Just looking for some advice really. I was hit by another car this morning through no fault of my own. I was overtaking stationary traffic and someone pulled out in to side of my car i have dints and scrapes all down the passenger side from below the handle all the way back to the rear quarter including damage to the sill.

Now the guy tried to blame me which there is no possible way as the front of his car hit the middle of mine and I was in the right hand lane and wasn't likely to move left due to the stationary traffic.

Having never had to do this before I am looking for advise of how to proceed, we exchanged details and I have contacted my insurance company and advised of what happened, the said a claim investigator will be in touch as he won't admit liability. What can I expect from here? How long does the process usually take and are there any do's and dont's I should be aware of?

Thanks for looking
Jamie

[MODVRS]

Sorry to hear about your accident.

It's a good idea to take lots of photographs of the car and the scene. Also write down as soon as you can exactly what happened, what you said to him and what he said to you (in exact words if possible). These will be taken as contemporaneous notes and can be used in court if necessary. Any witnesses would be useful. If you thought his driving was careless, or reckless report him to the police (who will probably do nothing, but it shows what you thought at the time).

It makes a difference whether you have comprehensive, or third party insurance - if third party you'll have to do a lot more of the work and pursue the other party yourself. Also check if you have legal cover on your insurance and get them involved.

[Purp23]

Thanks, yeah not the best start to the day.

Neither of us took pictures at the time I have of my damage now though.

I have written (and drawn) what happened this morning. The police weren't interested as there was no injuries and we swapped details.

I have fully comp and legal. Am I going to lose my no claims here?

[Octygone]

If you can actually get access to a police oficer ....report the accident......because if he does and you dont .......expect a knock on the door .....photos would be good but now may be a bit late

edit : just saw the abovr post ...so too late

[Purp23]

Originally Posted by Octygone

If you can actually get access to a police oficer ....report the accident......because if he does and you dont .......expect a knock on the door

I already tried and they weren't interested

[vindaloo]

It should be his fault. Simple as that.

J.

[oliverreed]

Originally Posted by Purp23

Hi Guy's and Gal's,

Just looking for some advice really. I was hit by another car this morning through no fault of my own. I was overtaking stationary traffic and someone pulled out in to side of my car.......

Now the guy tried to blame me which there is no possible way as the front of his car hit the middle of mine and I was in the right hand lane and wasn't likely to move left due to the stationary traffic.

My wife has been through this before. Silly old fecker claimed that she overtook him whilst he was indicating into a junction.

Stupid **** was only 3rd party fire and theft with 35 years of driving without an accident blah blah blah.

When it went to court his wife ruined his case by saying they chatted whilst he was trying to move the car and therefore wasn't paying attention.

Just get his address and burn him out.

[mattandy]

Unlucky mate.

I'm a bit unclear about the circumstances, was he in the lane of stationary traffic and changing lane or was he emerging from a side road through the stationary traffic?

I ask as back in 2003 some idiot emerged from a side road through stationary traffic and t-boned me as I drove down a filter lane. He tried saying it was all my fault, as did his company, because I "was making my own lane". My own insurance company were worth **** and it was only due to the fact that 6 weeks after the accident I went and took photos of the scene myself that I was able to get the car fixed on his policy. Make sure the weather's the same and if possible take the photos when other vehicles are in roughly the same positions as those vehicles that were involved in the crash.

I had to wait around for quite a while for the same senario but it was worth it. I.e. With reference to enclosed photo the filter lane starts where the green Astra is, third party's car emerged from where the red Mondeo is, the point of impact occured where the blue Laguna is, etc, etc

Hope it all gets resolved quickly and in your favour!

[Purp23]

Originally Posted by mattandy

Unlucky mate.

I'm a bit unclear about the circumstances, was he in the lane of stationary traffic and changing lane or was he emerging from a side road through the stationary traffic?

He was sat behind an arctic in stationary traffic, the traffic I was in was free flowing. He indicated just as I got to him so expected him to cut up the guy behind me not pull straight into my side. Everytime I run through it in my head I can't see why he did it, it doesn't make sense and it was unavoidable from my point of view, him on my left, high kerb on my right.

[skudmissile]

This happend to our ibiza when it was 3 months old.

A police car came out of a side road and ran striaght into the side of it. my brother who was driving at the time was arrested and breathalized.

Eventually after months of letters and phone calls the police claimed liability for the incedent, as we had a pedestrian whitness who said it was no fault of my brother but the police driver at fault.

Good luck

[clidgevrs]

hi there mate so sorry to hear that the same thing happened to me along time ago i was indicating to overtake as the car in front had no interest then as i pulled along side he pulled out...rules of the road state mate before making any manouver you should check you mirrors both side and rear and that obviously did not happen i was found to be not at fault because the car behind me saw what happened witness would be better if you have one mate as it could be contested for some time good luck though mate

[MODVRS]

Originally Posted by Purp23

Thanks, yeah not the best start to the day.

Neither of us took pictures at the time I have of my damage now though.

I have written (and drawn) what happened this morning. The police weren't interested as there was no injuries and we swapped details.

I have fully comp and legal. Am I going to lose my no claims here?

Don't worry about the police's lack of interest, it's the fact that you were the first to report it, which makes you look the more innocent party. Guilty drivers rarely want to involve the police.

On the no claims it depends; if it's found to be 100% other drivers fault and all costs are recovered from his insurers (use your legal cover to get back your uninsured losses from the other driver i.e. policy excess, telephone calls, letters etc.) NCB will not be affected, although you will have a no-fault claim registered against your name, which you have to declare for several years when getting insurance (it's on a database and they know when you ring them up!).

Any percentage blame to you, or if his insurers, or the guy himself, doesn't pay up, it will depend on the company you are with. Some will leave NCB the same (but watch out at renewal because they may increase the premium at the same NCB rate as you are now a "higher risk"), some will dock a year, or two, depending on the value of the claim.

It's a lousy business, but you need to stay positive and push for the most favourable outcome. Be aggressive and don't let the insurers fob you off with some 50/50 deal because it suits them better.

[Glider]

Go to your local Police station and formally report it, ask for a copy of the report. Witnesses will help if you have any. Was he alone in his car.

[VAGweb]

normally if its clear cut, which is what it sounds like, his insurance will suggest to him that its in his interest to accept liability

[mattandy]

Originally Posted by Purp23

He was sat behind an arctic in stationary traffic, the traffic I was in was free flowing. He indicated just as I got to him so expected him to cut up the guy behind me not pull straight into my side. Everytime I run through it in my head I can't see why he did it, it doesn't make sense and it was unavoidable from my point of view, him on my left, high kerb on my right.

100% his fault, driving without due care or attention for not checking his mirrors before executing a maneuvre(?).

Case closed. Next!

[sotonjoe]

I think you should be okay as long as he doesn't say you were accelerating / driving at excessive speed for the conditions etc.

[Purp23]

Thanks Guy's I'll keep you all updated on how it goes.

[Purp23]

Originally Posted by Glider

Was he alone in his car.

Yes mate we both were and no witnesses stopped.

[thirty3]

Even if he was accelerating or driving quickly...isn't that even more of a reason for him not to have pulled out...lol

[smstext]

100% his fault here is why.

1. You were driving with due care and attention, He indicated as you were about to pass him and he pulled straight out as his indicator went on.

2. You tried all in your power to avoid him, but due to the laws of physics were unable to thus the accident.

3. HE DID THE HITTING not you, remember to point this out, if he had been paying "due care and attention" then he would have seen you and should have stayed where he was.


Go back and get photos of the scene, of the damage to your car, write everything down and dont talk to him or his insurers, refer them all to your insurers.

Enquire with your insurers about taking legal action, this might put more pressure on him.

A bit late now but you should have also got a picture of his tax disc, of him, his occupants (in the car if any) and if he had his lights on of any that were defective. Insurers love these things as it helps them, also it stops fraudulant claims of 9 members of his family suffering whiplash.

I had an accident at the start of the year, all through i couldnt prove that i wasnt at fault (sat at a t junction waiting to pull out then get struck by a van travelling down the road). I took photo's of the state of the vehicle and of the vans wheel arches to show it was overloaded in weight. I also got a picture of the three people who climbed out of the van along with the driver (even through they claim they didnt and were following in a (invisable) car)). Because of his witnesses (bullsh-tters) i lost, however my insurers waived my excess as i was able to prove he wasnt driving within his insurance small print

[sotonjoe]

Originally Posted by thirty3

Even if he was accelerating or driving quickly...isn't that even more of a reason for him not to have pulled out...lol

yeh, as far as common sense goes. However, I'm concerned with that fact that insurance companies will do their best to avoid bearing 100% of the cost of a claim. Therefore, I would have thought it likely that the other driver's insurers would aim to alleviate their client of some of the responsibility by insinuating that our friend was in some way driving irresponsibly and thus partly to blame for the collision. They would perhaps try to paint the picture of a motorist who is desperate to overtake a queue of moving traffic and has perhaps accelerated to pass the cars and is using excessive speed. What's more, they'd probably go onto suggest that, whilst their client shouldn't have pulled out, the collision may have been avoided by our friend reducing his speed a little due to the line of queuing cars. They could perhaps even be so cheeky as to suggest that our friend was moving so fast, that he appeared out of nowhere and that their insured didn't have a chance of seeing him etc.

I am certainly NOT and I repeat NOT suggesting that the original poster did any of these things or was responsible in anyway. I'm just hypothesizing on some of the paths the sly ******** at the insurance companies would perhaps try to pursue if they wanted to avoid admitting full liability on behalf of their client.

From what the original poster has said, it seems a fairly clear cut thing and I would hope that it all gets sorted nice and quickly.

[oliverreed]

Originally Posted by skudmissile

A police car came out of a side road and ran striaght into the side of it. my brother who was driving at the time was arrested and breathalized.

Eventually after months of letters and phone calls the police claimed liability for the incedent, as we had a pedestrian whitness who said it was no fault of my brother but the police driver at fault.

Surely not with honest policemen.......

[mac67]

Although at the time you felt no pain and reported no injuries over the next couple of days your neck stiffened up and felt very bruised. Go to the doctors holding your neck very stiff, once he has written a report and prescribed pain killers/anti inflamatories you can use that in a claim, should be worth a few hundred quid to you for the hassle and it will serve the ignorant bugger right!

[col6821]

Sorry Chap,

Bitter experience tells me that this one will go 50/50.
My wife was waiting to move across a row of stationary traffic from a dropped kerb entrance when sh noticed that a car was 'sneaking' up the inside of the stationary line. My wife didn't move (obviously, she saw a car approaching) but the front of her car was slightly over the edge of the kerb line (by about 4"). The oncoming car swiped the front straight off our car, twisting the front end completely and removing the front wheel of the offending vehicle.

Despite photo's of the road, clearly showing there was not a defined lane of travel for the other vehicle, statements etc and 2 years negotiating, we had to settle for 50/50 as our legal support wouldn't go to court with a non-liability claim (what feckin use they were, I don't know).

Anyway, hope you have better luck than we did, even though it's obvious to all who is in the wrong, the insurance companies have other agenda's, ie, it's quicker and cheaper for them to advise a 50/50 settlement as each driver will potentially loose their NCB and pay more at renewal!

[ScoobyChris]

If you were in a marked lane overtaking stationary traffic and he pulled out and hit you then it is 100% his fault. Eye contact is the key in trying to avoid accidents because if you have made it then the person has seen you. In all other circumstances where they might come into conflict, you have to assume they haven't and be ready to make them aware of you (with either the horn or the lights).

Police will not be interested unless someone (or a largish animal) is injured at the scene and it's not worth reporting imho as it doesn't buy anything.

My suggestion would be to get photos of the bit of road (preferable with road markings and then with traffic on it so you can relate your positions) and also photos of the damage to both cars. This will give them a better idea of where you both were at the point of impact and also the speeds involved.

Hope you get it sorted soon, but expect the insurance to share liability 50/50 as it's the easiest outcome

Chris