Another non-stalking post - I'd really like your opinions though!

Tommo

Well-Known Member
Gents, all, I'd like your opinions..

My other half has been involved in a car accident, she is the most honest person I know (she is!..)

So she was driving though a small village houses both sides of standard width road -following some 80yards behind a car. The car pulls over and stops on the left (sits stationary for approx 20 seconds), my missus approaches slowly, indicates and pulls out gets 3/4 past and the car then pulls into her left side, fecking everything from rear bumper to front wing. My missus stops in front - woman in car gets out (I won't say the rest)

Now how would you see this turning out in terms of liability?

Tom
 
If the other car was stationary then proceded to move and struck the car your wife was driving then it's got to be the other parties fault. Similar to pulling out in front of another vechile at a junction, I would think. Obviously the other party hasnt checked their blind spot.


Nutty
 
Sorry,

My point of saying my missus is honest is, that if she said it happened like that -it would have,,
 
Independent witnesses are worth their weight in gold in these cases. Otherwise I'm afraid its word against word and not all are as honest as your missis, especially when insurers tell people not to accept blame.
 
This will be a 50/50 I had something like this happen to me I blamed them they Blamed me ,both inc went 50/50
 
it will go 50/50 for sure unless - 1 party amits (which they wont) or you have got a indepentant witness to the incident

ATB

Dave
 
If the other car was stationary then proceded to move and struck the car your wife was driving then it's got to be the other parties fault. Similar to pulling out in front of another vechile at a junction, I would think. Obviously the other party hasnt checked their blind spot.


Nutty

+ 1. Damage to your good ladies car will show exactly where she was in relation to the other car when it pulled out.
 
You need to take pictures of the spot clearly marking where your missus was and the other car was. Draw a diagram. pictures paint a thousands words. Then see a decent solicitor, Not the one who your insurance company recommends because they will go straight to 50/50 to get the case closed and off their desk. Get legal advice. We all have opinions but none of us know the law, well unless we have a lawyer here.
Witness helps lots, specially if the other party admitted it was their fault on the scene. the other thing is how well your missus is at putting her point across ie, does she sound convincing and good at putting her point across.
 
Sadly being honest has nothing to do with insurance claims. Your wife was passing a stationary car it moved off with out the correct observation and hit your wife's car.
Other car owner say i was moving off and had signaled clearly in the process other car then tries to over take unavoidable collision.

50/50 unless some one admits liability.
 
Knowing how insurance companies work, i'd say this will def go 50/50.
Morally speaking the fault would seem to lie with the driver of the other car - but your insurance company will probably settle with the other drivers insurance company 'knock for knock' as it will cost them less than arguing it out in court etc. In my experience they'll probably take your no claims as well.
 
gets 3/4 past and the car then pulls into her left side, fecking everything from rear bumper to front wing.

Tom

Something not right here. If she got 3/4 past, how come there's damage to the front wing? In that scenario there should not be any damage to the front wing or the front passenger door.
 
When your mrs sais not tonite tommo I've got a headache do you believe her :-|,the woman in the stationary car obviously didn't look back or check her mirrors before she pulled out,your mrs is in the right on this occasion mate
 
Gents, all, I'd like your opinions..

My other half has been involved in a car accident, she is the most honest person I know (she is!..)

So she was driving though a small village houses both sides of standard width road -following some 80yards behind a car. The car pulls over and stops on the left (sits stationary for approx 20 seconds), my missus approaches slowly, indicates and pulls out gets 3/4 past and the car then pulls into her left side, fecking everything from rear bumper to front wing. My missus stops in front - woman in car gets out (I won't say the rest)

Now how would you see this turning out in terms of liability?

Tom

Hi Tom

I'm a PI lawyer and though i've not been at work for some time due to illness liability issues rarely change. If you want to discuss this with me i'm happy to give you some advice - for free !!!!!!!!:eek::D. Photos would be good if you've got some, of the car and/or also the area the accident occured. I doubt i'll be able to speak til Monday, but if you're interested pm me.

Atb

Andrew
 
Our cars a Freelander - because the woman set off, she ended up turning her wheels into our car, then drove up the side of it - scraping the whole length of it before she stopped...

T
 
If you move out into traffic without taking effective observation you are to blame obviously. Same as if I get run over cos I only look one one way before walking. Deserve everything I get.
 
sorry, 50:50 is not just something that happens when it comes to claims.
If you instruct your insurer to pursue on the basis of your description they will pursue.
The evidence is key here.

1) if the vehicle is off the main thoroughfare and parked
2) no rear-end damage to the vehicle - thereby removing the doubt of your wife being at fault
3) the damage would be consistent with a sideswipe and photo evidence would show that

don't allow your insurer to to do anything you dont want them to do, including allowing a 50:50

I nudged someone from behind at less than 5mph(in a car I may add). No visible damage at all.
The circumstances were irrlevant but when the other party tried to take the **** and tried to claim for an airbag, a rear panel, a bumper, an exhaust and 21 days of car hire I lost the plot!

I told my insurer that if they accepted liability for the cost of the "damages" on my behalf I would sue them. remarkably they told the other company and their "accident management firm" to stick it! the end

dont roll over if you think you are right
 
Hi Tom

I'm a PI lawyer and though i've not been at work for some time due to illness liability issues rarely change. If you want to discuss this with me i'm happy to give you some advice - for free !!!!!!!!:eek::D. Photos would be good if you've got some, of the car and/or also the area the accident occured. I doubt i'll be able to speak til Monday, but if you're interested pm me.

Atb

Andrew

Tom take up Andrews offer he knows what he's talking about and offered me some excellent advice

Andrew it won't surprise you to know mine is still on going I'm getting mine repaired and taking the guy to court he changed his version of events and the witness he came up with said they didn't actually see the accident but thinks it was my wife's fault :cuckoo:

Thanks again bud
Gaz
 
If the stationary vehicle was indicating to move away the front indicator will have broken when they hit your car the police can check this bulb to see if that was the case if no broken glass on the heated element then the driver was not indicating to pull out therefore they are to blame !
 
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