#1: advice required on collision Author: Davo86, Location: ShropshirePosted: Sun Dec 19, 2010 3:43 pm ---- Ok guys need some honest advice, basicly on my way to work today i ended up skidding on ice and hitting another car, heres the thing though the collision occured on a T junction (which is directly after a sharp bend) with me having the right of way moving along the main road, the car i hit was creeping out into the road from the side road (my left) and at the time of impact the whole of the front bumper of the other car was on my lane of the road, as it was a sharp bend before the turning i had little time to see and so i breaked harder than i should of resulting my skidding about one-two feet into the other car, There is minimal damage to my car but looks like the front wing and bumper of the other car will need some work. Also I was doing about 10-15mph at the time.
From where i sat it was the other persons fault, my right of way, he was in my lane, he forced me to break? However the other guy reckons it was my fault as i skidded into him, Obviously there is bias on both sides so any neutral opinion would be great,
Also atm i haven't contacted my insurer, i have literally just reached 4 years no claims but as it is unprotected i'm not sure if it would be easier to try the other option?? again thoughts please?
#2: Re: advice required on collision Author: Twidly, Location: Home - Norfolk, Uni - PrestonPosted: Sun Dec 19, 2010 3:45 pm ---- Definitely his fault. He shouldn't have been in your lane at all...
#3: Re: advice required on collision Author: 00budham00, Location: IpsPosted: Sun Dec 19, 2010 4:06 pm ---- Defo his fault, even if there was no ice, it seems the road was not clear for him to pull out!
#4: Re: advice required on collision Author: Davo86, Location: ShropshirePosted: Sun Dec 19, 2010 4:08 pm ---- Thanks for your input, Anyone else care to chime in? people have said the main issue is that there were no witnesses?
#5: Re: advice required on collision Author: copey, Location: rochdalePosted: Sun Dec 19, 2010 4:08 pm ---- i would agree, its his job to give right of way to you, altho nobody wants to have a claim against them so course hes going to try and pin the blame elsewhere
#6: Re: advice required on collision Author: Ali_H, Location: Chichester, SussexPosted: Sun Dec 19, 2010 4:09 pm ---- You won't lose all your no claims anyway. Ultimately it's the insurer who will decide.
#7: Re: advice required on collision Author: copey, Location: rochdalePosted: Sun Dec 19, 2010 4:10 pm ---- no witnesses doesnt help, but still stand your ground, but as said, its the insurer who decides i guess
#8: Re: advice required on collision Author: Rob2859, Location: HalifaxPosted: Sun Dec 19, 2010 4:17 pm ---- as said above. as far as the insurance are concerned he pulled out on you and you were unable to avoid the accident. not your fault. I suggest if you have any mods you have forgotten to tell the insurance company about you take them off incase an inspector wants to look at the car
#9: Re: advice required on collision Author: 00budham00, Location: IpsPosted: Sun Dec 19, 2010 4:25 pm ---- You hit him front end, if you had rear ended him he might have a case, but where you've hit him witnesses or not will show insurers not your fault.
#10: Re: advice required on collision Author: Harry, Location: StaffordPosted: Sun Dec 19, 2010 5:22 pm ---- Unless you were speeding (which you obviously weren't) definately not your fault. he was in your lane, there really isn't anything to argue definately don't give in sounds like he is making it complicated but to me it's pretty straight forward.
Also this made me lol:
Quote::
However the other guy reckons it was my fault as i skidded into him
That's great logic so if I pull out into a roundabout when cars are still coming them forcing them to skid into me, it must be there fault
#11: Re: advice required on collision Author: sillyhilly, Location: The Mean Streets of CoventryPosted: Sun Dec 19, 2010 5:37 pm ---- completely his fault...
However no witnesses will probably mean you're going to go 50/50!
#12: Re: advice required on collision Author: 180tomtom, Location: West YorkshirePosted: Sun Dec 19, 2010 5:51 pm ---- If you was on the main road and he pulled out on you, it is most certainly a no brainer. The main road always has priority, and you only pull out when the coast is clear and safe to do so (If i had of pulled out like that on a driving test it would be classed as DANGEROUS) and failed.
I think you should be ok fela!!
Let us know how you get on thou.
P.S dont your neck hurt??? .....Get a whippy in
#13: Re: advice required on collision Author: JordGJ, Location: Leeds / West MidlandsPosted: Sun Dec 19, 2010 6:29 pm ----
180tomtom wrote:
If you was on the main road and he pulled out on you, it is most certainly a no brainer. The main road always has priority, and you only pull out when the coast is clear and safe to do so (If i had of pulled out like that on a driving test it would be classed as DANGEROUS) and failed.
I think you should be ok fela!!
Let us know how you get on thou.
P.S dont your neck hurt??? .....Get a whippy in
#14: Re: advice required on collision Author: ExoVyper, Location: Waiting for the tugboats to push me into port (Whitehaven)Posted: Sun Dec 19, 2010 6:34 pm ----
180tomtom wrote:
If you was on the main road and he pulled out on you, it is most certainly a no brainer. The main road always has priority, and you only pull out when the coast is clear and safe to do so (If i had of pulled out like that on a driving test it would be classed as DANGEROUS) and failed.
I think you should be ok fela!!
Let us know how you get on thou.
P.S dont your neck hurt??? .....Get a whippy in
OH for f*cks sake... not another one... i pay enough on my insurance thank you without unnecessary claims jaking the prices up more
but OP it was one million percent his fault as he was out of the junction.
#15: Re: advice required on collision Author: Ali_H, Location: Chichester, SussexPosted: Sun Dec 19, 2010 6:41 pm ----
180tomtom wrote:
P.S dont your neck hurt??? .....Get a whippy in
I'm glad you like adding up to 20% to your premium every year by giving crap advice... the rest of us dont so how about stop dispensing it
#16: Re: advice required on collision Author: Seb, Location: Under your bedPosted: Sun Dec 19, 2010 6:57 pm ----
180tomtom wrote:
P.S dont your neck hurt??? .....Get a whippy in
Oh come on seriously. There is not one single benefit, ever, of doing that, no matter what you say.
#17: Re: advice required on collision Author: qwert, Location: ukPosted: Sun Dec 19, 2010 7:01 pm ---- If you claim for whiplash, i'll come round and ensure you do have it
its a wonderful think this internet, you can find anything
#18: Re: advice required on collision Author: Bailey, Location: Finding Dr. RobotnikPosted: Sun Dec 19, 2010 7:39 pm ---- Well he knew what the weather was like so he should have taken the extra care to make sure he could safely pull out.
and that whiplash thing, I think you will find it won't go up one bit for you if this person claims. And it's a dog eat dog world so do what you want mate.
#19: Re: advice required on collision Author: sillyhilly, Location: The Mean Streets of CoventryPosted: Mon Dec 20, 2010 5:02 am ----
Bailey wrote:
and that whiplash thing, I think you will find it won't go up one bit for you if this person claims. And it's a dog eat dog world so do what you want mate.
Maybe not, but it goes up for every other bleeder on the road. How do you think insurance companies cover their costs of these artificial claims? They hike prices up across the board.
Not only that, claiming for injuries you don't have is a fraudulent activity and illegal. If you were found out to be claiming illegally, then any gains you had from the 'whiplash' would be eclipsed by the criminal costs and court costs of defending yourself. Plus compensation to the insurance company who paid the sum, and the driver who you claimed off.
Perhaps time to re-think your strategy?
#20: Re: advice required on collision Author: Edward, Location: In the garagePosted: Mon Dec 20, 2010 6:09 am ---- If you went round a corner and drove into the car it could be argued it's your fault. After all, if he parked his car at the junction (for example if it was broken down) and you drove into it that would suggest you were driving too fast for the road conditions/layout.
#21: Re: advice required on collision Author: sillyhilly, Location: The Mean Streets of CoventryPosted: Mon Dec 20, 2010 6:11 am ---- It's going to go 50/50 either way. No witnesses and as Edward has just hit the nail on the head. I'd put money on it.
#22: Re: advice required on collision Author: MrBSI, Location: What's it to you? ? ?Posted: Mon Dec 20, 2010 6:12 am ---- Cant beat the good old knock for knock outcome
#23: Re: advice required on collision Author: Davo86, Location: ShropshirePosted: Mon Dec 20, 2010 8:46 am ----
Harry wrote:
Also this made me lol:
Quote::
However the other guy reckons it was my fault as i skidded into him
That's great logic so if I pull out into a roundabout when cars are still coming them forcing them to skid into me, it must be there fault
Had a voicemail left from him this morning, seems he has put a claim in against me on those exact grounds
#24: Re: advice required on collision Author: MrBSI, Location: What's it to you? ? ?Posted: Mon Dec 20, 2010 8:57 am ----
Davo86 wrote:
Harry wrote:
Also this made me lol:
Quote::
However the other guy reckons it was my fault as i skidded into him
That's great logic so if I pull out into a roundabout when cars are still coming them forcing them to skid into me, it must be there fault
Had a voicemail left from him this morning, seems he has put a claim in against me on those exact grounds
Make sure you tell your insurance company that the other party has been in touch with you & left you that voicemail message
#25: Re: advice required on collision Author: t1mmy, Location: ReadingPosted: Mon Dec 20, 2010 11:35 am ----
MrBSI wrote:
Davo86 wrote:
Harry wrote:
Also this made me lol:
Quote::
However the other guy reckons it was my fault as i skidded into him
That's great logic so if I pull out into a roundabout when cars are still coming them forcing them to skid into me, it must be there fault
Had a voicemail left from him this morning, seems he has put a claim in against me on those exact grounds
Make sure you tell your insurance company that the other party has been in touch with you & left you that voicemail message
Since when are people not allowed to do that? He was just informing him that he has notified his insurers of the incident.
#26: Re: advice required on collision Author: Locky, Location: Newcastle / PlymouthPosted: Mon Dec 20, 2010 12:18 pm ---- This will certainly go knock for knock - regardless of the fact this sukka was pulling across your lane. Makes me sick really because this guy has ruined your day, and a lot more than that, and the ice and corner etc is gonna get him off the hook of blame. Skidding on ice is unfortunate and doesnt mean you were speeding, but can be agrued you werent driving correctly for the conditions.
Same sort of thing happened to a friend of mine on non icy roads and even somebody who lived at the end of her road who saw it happen and vouched for my friend was classed as 'not independant' as they lived in the same street!
Sometimes i wonder if anything doesnt go knock for knock these days regardless of whats occured. Some sort of gentlemans agreement between insurance companies or something.
#27: Re: advice required on collision Author: MrBSI, Location: What's it to you? ? ?Posted: Mon Dec 20, 2010 1:09 pm ----
t1mmy wrote:
MrBSI wrote:
Davo86 wrote:
Harry wrote:
Also this made me lol:
Quote::
However the other guy reckons it was my fault as i skidded into him
That's great logic so if I pull out into a roundabout when cars are still coming them forcing them to skid into me, it must be there fault
Had a voicemail left from him this morning, seems he has put a claim in against me on those exact grounds
Make sure you tell your insurance company that the other party has been in touch with you & left you that voicemail message
Since when are people not allowed to do that? He was just informing him that he has notified his insurers of the incident.
You are not meant to contact the other party after reporting it to the insurance company.
Its the insurance companies job to sort it out as that's what they are paid for.
#28: Re: advice required on collision Author: mjsroofing, Location: south walesPosted: Mon Dec 20, 2010 1:13 pm ---- go back up there and take pics of where it happened and print them out, draw diagramme on them showing where the cars were, if he pulled out in front of you it is his fault 100%, (i had same type of claim couple of years ago), in the end though it is the insurance companies who decide . the more evidence you give the better, get on google earth etc, they ask you on the phone what happened then they'll send you a accident report form to fill out, really go into detail with it.
#29: Re: advice required on collision Author: MrrNoName, Location: UKPosted: Mon Dec 20, 2010 1:18 pm ---- with no witnesses insurance co's usually just 50/50 it so you probs will loose your no claims
#30: Re: advice required on collision Author: mjsroofing, Location: south walesPosted: Mon Dec 20, 2010 1:25 pm ---- they also go by the garage report of the damage, e.g if you drive into the back of some one, if the garage give a report saying that there rear danage to the one car and front damage to the other then they will use that as evidence
#31: Re: advice required on collision Author: continentalgt, Location: Paignton DevonPosted: Mon Dec 20, 2010 1:54 pm ---- Did you take any photos with your phone before the vehicles were moved and is there a give way sign on the junction he pulled out from?
#32: Re: advice required on collision Author: mjsroofing, Location: south walesPosted: Mon Dec 20, 2010 2:00 pm ----
continentalgt wrote:
Did you take any photos with your phone before the vehicles were moved and is there a give way sign on the junction he pulled out from?
good point
#33: Re: advice required on collision Author: 180tomtom, Location: West YorkshirePosted: Mon Dec 20, 2010 4:33 pm ---- Its Dog eat Dog as someone said further up this list. This guy is clearly trying to screw you over by saying its your fault. I would try my dam hardet to win the case and then get a whippy in.
Yes Insurance compaines do make everyone else pay. But thing is, everybody else would do the same to you if they could. And anyway, i only asked if he did have whiplash, how does anyone know if the poor kid has it or not? Simply offering advice to the lad, that is all
This poor lad has now lost his car and could well be tramutised by what has happened. And the ohter party is trying to take advantage of it.
Bo***ks to him, you win that case my man if your certain your in the right !!! Last edited by 180tomtom on Mon Dec 20, 2010 4:37 pm; edited 2 times in total
#34: Re: advice required on collision Author: Rob2859, Location: HalifaxPosted: Mon Dec 20, 2010 4:34 pm ---- Another point that goes for everyone. speed can NEVER be used to dicided fault.
#35: Re: advice required on collision Author: t1mmy, Location: ReadingPosted: Tue Dec 21, 2010 2:10 am ---- ..... Last edited by t1mmy on Tue Dec 21, 2010 5:57 am; edited 1 time in total
#36: Re: advice required on collision Author: mjsroofing, Location: south walesPosted: Tue Dec 21, 2010 5:04 am ---- you'll have to wait to see what the other person writes in his accident report form, a lot of people dont know the ins and outs and think they are right and the insurance company's will correct them , lets hope for the best, oh and the speeding bit, speeding can be at fault if you were driving through a speed camera at the time, thats what my insurance company told me before, but whats the chance of that happening isn't it
GOOD LUCK mate.
#37: Re: advice required on collision Author: sillyhilly, Location: The Mean Streets of CoventryPosted: Tue Dec 21, 2010 5:09 am ---- Where is all this advice coming from?!
Diagrams, google earth etc etc is futile. There are no witnesses, I could draw a stickman santa and it will be just as useful.
No witnesses = 50/50.
It's a shame as this guy is clearly a complete p***k. But there's nothing to be done
#38: Re: advice required on collision Author: smiddies, Location: BrightonPosted: Tue Dec 21, 2010 5:12 am ---- Well if it does go down 50/50, you have his contact details, sign him up to alot of spam!!
#39: Re: advice required on collision Author: mjsroofing, Location: south walesPosted: Tue Dec 21, 2010 5:37 am ----
sillyhilly wrote:
Where is all this advice coming from?!
Diagrams, google earth etc etc is futile. There are no witnesses, I could draw a stickman santa and it will be just as useful.
No witnesses = 50/50.
It's a shame as this guy is clearly a complete p***k. But there's nothing to be done
i had a very simalar case a year or so back and this is what my insurance company told me to do, so i did and a won, they didnt just go 50/50 at all even with out witnesses, they ask the garage for a damage report to show where the cars were hit etc and they couldn't make any kind of decission untill they have all the reports form you and the garage and one of the insurance companys with accept liability if they think they wont win if it goes to court, this is only what my insurance company told me before.
#40: Re: advice required on collision Author: Edward, Location: In the garagePosted: Tue Dec 21, 2010 6:05 am ----
Davo86 wrote:
as it was a sharp bend before the turning i had little time to see and so i breaked harder than i should of resulting my skidding about one-two feet into the other car,
So you went too fast round the bend and couldn't stop in time. The other car driver couldn't see round the bend to see you coming. What else could he have done other than edge out slowly? He had no way of avoiding what happened.
#41: Re: advice required on collision Author: mjsroofing, Location: south walesPosted: Tue Dec 21, 2010 6:11 am ---- i think am sure that if he pulled out infront of on coming car he is at fault, nothing to say he was driving to fast is there. i'm sure that this is how the insurance company will look at it.
#42: Re: advice required on collision Author: Edward, Location: In the garagePosted: Tue Dec 21, 2010 6:27 am ---- But if the other driver couldn't see round the bend then he pulled out when the road was clear. If a car suddenly appears and can't stop in time that driver is travelling at a speed in which his stopping distance is greater than the distance he can see.
#43: Re: advice required on collision Author: mjsroofing, Location: south walesPosted: Tue Dec 21, 2010 6:36 am ---- but they cant prove that either car was driving at speed, this is one thing that some times is unfair to people when a car is speeding, the insurance wont take it into account unless it was caught on camera. they cant even prove that the car skidded unless they took pics. so all they have is that one car pulled out of junction infront of another,
my friends mother done it before she pulled out a little bit at a junction becuase she couldn't see and a car came speeding around teh corner missed her but hit another car trying to avoid her and she had all the fault.. and he was speeding i was in the car with her, i couldn't believe it but there you go.
mad how it works isn't it.
i'd like to find out how this one comes off.
as far as i know though its rare that they use 50/50
#44: Re: advice required on collision Author: sillyhilly, Location: The Mean Streets of CoventryPosted: Tue Dec 21, 2010 7:06 am ----
mjsroofing wrote:
but they cant prove that either car was driving at speed, this is one thing that some times is unfair to people when a car is speeding, the insurance wont take it into account unless it was caught on camera. they cant even prove that the car skidded unless they took pics. so all they have is that one car pulled out of junction infront of another,
my friends mother done it before she pulled out a little bit at a junction becuase she couldn't see and a car came speeding around teh corner missed her but hit another car trying to avoid her and she had all the fault.. and he was speeding i was in the car with her, i couldn't believe it but there you go.
mad how it works isn't it.
i'd like to find out how this one comes off.
as far as i know though its rare that they use 50/50
It's not rare at all. I'd go so far as to bet my left testicle on this going 50/50!
Edward has just got it bang on. That's the way this guys insurance company is going to argue it. They never pay out if they can help it. Davo's insurance company will obviously go against it. No winner, so the companies agree to go 50/50 to save money, time and effort. They don't care about clients, they care about productivity.
#45: Re: advice required on collision Author: mjsroofing, Location: south walesPosted: Tue Dec 21, 2010 10:31 am ---- going around in circles this isn't it, lets wait and see, and wish a fellow member luck with his car is it.
#46: Re: advice required on collision Author: sillyhilly, Location: The Mean Streets of CoventryPosted: Tue Dec 21, 2010 10:38 am ----
mjsroofing wrote:
going around in circles this isn't it, lets wait and see, and wish a fellow member luck with his car is it.
You're right It's unfair when people have done nothing wrong tend to be the ones who are messed around the most. The world isn't a fair place
#47: Re: advice required on collision Author: MrBSI, Location: What's it to you? ? ?Posted: Tue Dec 21, 2010 10:41 am ---- Awaiting the " Its all David Cameron's fault " excuses form people
#48: Re: advice required on collision Author: Davo86, Location: ShropshirePosted: Mon Feb 07, 2011 10:28 am ---- Just to update those of you who have been following this,
Had an email earlier today from my insurance to say that the other insurer has accepted full liability on their clients behalf, so thats a big sigh of relief, and has also saved me having to pay my full excess (£800) and losing two years worth of no claims,
The only bad side now is I have to wait another fortnight before they will start repairs
And even worse they are making me drive around in a KA for the week whilst mine is getting repaired!
#49: Re: advice required on collision Author: CD-B3, Location: Salisbury / New ForestPosted: Mon Feb 07, 2011 10:31 am ---- Good news
#50: Re: advice required on collision Author: Harry, Location: StaffordPosted: Mon Feb 07, 2011 11:19 am ----
Quote::
And even worse they are making me drive around in a KA for the week whilst mine is getting repaired!
Feel for you!
Just kidding, glad to hear it. You should have won anyway
#51: Re: advice required on collision Author: MrrNoName, Location: UKPosted: Mon Feb 07, 2011 12:01 pm ---- winner
#52: Re: advice required on collision Author: dopey, Location: Hastings, Near BrightonPosted: Mon Feb 07, 2011 2:03 pm ---- your word against his if you skidded, either way he was pulling out of a minor (automatically at fault) need any help give me a shout work at a well known insurance company in claims dept
#53: Re: advice required on collision Author: dopey, Location: Hastings, Near BrightonPosted: Mon Feb 07, 2011 2:07 pm ---- only just saw the above post, knew it, other person didn't stand a chance, 50/50s only really go down on changing lanes, out of minor is 100% other parts fault witnesses or not. We tell our clients when they hold the other client responsible "so what if they pulled out on you then"...exactly.
but good on you mate!!
#54: Re: advice required on collision Author: mjsroofing, Location: south walesPosted: Tue Feb 08, 2011 5:17 am ---- "the other insurer has accepted full liability on their clients behalf,"
well done mate, I knew you'd win, happy days, dont forget if they decide thats your car is a write off ask for it back, always better off that way. hope it comes back looking mint.
#55: Re: advice required on collision Author: sillyhilly, Location: The Mean Streets of CoventryPosted: Tue Feb 08, 2011 5:35 am ---- Well that's a result Shocked me! Fair play buddy and well done!
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so if I pull out into a roundabout when cars are still coming them forcing them to skid into me, it must be there fault 
It's unfair when people have done nothing wrong tend to be the ones who are messed around the most. The world isn't a fair place 
Shocked me! Fair play buddy and well done!
