| Car Accident opinion... 14:25 - Aug 8 with 3525 views | TractorBrew |
One for the hive mind...
We recently had a car accident, where my wife was pulling on to our drive, whilst signaling, and another car has driven in to the side of her. To access our drive you need to move to the right to create an angle to access the drive - hence how the other car hit then passenger side.
The insurance company have come back and said this is our fault, as the duty of care is ours. Surely this can't be right?
Any ideas on how you can get an independent view on who has the duty of care in this situation? I always thought it was the car behind, as you can see the situation everything etc |  | | |  |
| Car Accident opinion... on 14:52 - Aug 8 with 3400 views | Zx1988 |
I think it all depends on the specific circumstances of the situation.
Was the car that hit her coming from the front or the rear? Was it possible that your wife had indicated to turn in and was slowing down, leading to the car behind deciding to overtake?
I think a lot of the decision would probably come down to whether your wife would have seen the other car if she had been looking ahead or checked her mirrors before undertaking the manoeuvre. | |
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| Car Accident opinion... on 14:57 - Aug 8 with 3389 views | jontysnut |
My daughter had a bump where some lanes came together. Even though we argued that the other car was in the wrong lane for the move they made and were clearly at fault, our insurer said that she still should have been aware of her inside. Best we could do was 50/50 fault without taking it to court, and without witnesses or dash cam it's difficult to prove. However there are a few experts on here who might be more helpful. Good luck. |  | | |
| Car Accident opinion... on 15:10 - Aug 8 with 3358 views | DJR |
Was your wife turning left, and was the car behind her? If so it sounds a bit like the entrance to our driveway.
How far to the right did your wife move? In other words, how far was her car from the pavement when she turned? In our case you only have to move slightly to the right which would not encourage anyone to undertake, although overtaking has been an issue on occasions for us because of the slowing down, despite bollards in the middle of the road. [Post edited 8 Aug 2023 15:43]
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| Car Accident opinion... on 15:56 - Aug 8 with 3267 views | PassionNotAnger |
Difficult to assess based on your description.
If your wife was turning right across oncoming lane of traffic to get into your drive which was on your right hand side and the other driving was coming towards her, then yes, generally speaking your wife was at fault.
If however she was trying to turn left into your driveway which was on the left and the other driver was traveling behind her then it’s unlikely she could be held fully responsible but would depend on some variables, such as indication, road width, her actual positioning prior to manuovre.
Suspect insurers aren’t clear on circumstances. Would highly recommend doing a diagram that shows direction of travel of both vehicles and position of drive as that will clarify things significantly | | | |
| Car Accident opinion... on 16:05 - Aug 8 with 3231 views | TractorBrew |
Turning left, with car behind. It's a village road, so you couldn't under / overtake... | | | |
| Car Accident opinion... on 16:15 - Aug 8 with 3182 views | PassionNotAnger |
| Car Accident opinion... on 16:05 - Aug 8 by TractorBrew |
Turning left, with car behind. It's a village road, so you couldn't under / overtake... |
In that case suggest the other driver is claiming she pulled over the right hand side of road without indicating and they thought she was parking there and then suddenly pulled over into path of Third Party.
Based on what you’ve said it’s definitely not her fault and suggest she challenges her insurance company with picture of location and diagrams etc. | | | |
| Car Accident opinion... on 16:23 - Aug 8 with 3154 views | DJR |
| Car Accident opinion... on 16:15 - Aug 8 by PassionNotAnger |
In that case suggest the other driver is claiming she pulled over the right hand side of road without indicating and they thought she was parking there and then suddenly pulled over into path of Third Party.
Based on what you’ve said it’s definitely not her fault and suggest she challenges her insurance company with picture of location and diagrams etc. |
That would be my view too.
Sounds to me that the car behind was perhaps too close, going too fast or not concentrating.
As well as indicating, I imagine your wife will have applied the brakes and slowed down which should be more than sufficient indication to the driver behind. But check all the lights if you haven't already done. | | | |
| Car Accident opinion... on 16:31 - Aug 8 with 3095 views | TractorBrew |
| Car Accident opinion... on 16:23 - Aug 8 by DJR |
That would be my view too.
Sounds to me that the car behind was perhaps too close, going too fast or not concentrating.
As well as indicating, I imagine your wife will have applied the brakes and slowed down which should be more than sufficient indication to the driver behind. But check all the lights if you haven't already done. |
This is our view also - the car was 600 miles old, so no issues with it!
Have provided a lot of detail as you say to provide more context. We have some CCTV, but it only shows post accident as it is motion activated. Everyone who has seen it has said that there is no way we can be at blame, yet the insurers seem to be saying it shows we are! | | | |
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| Car Accident opinion... on 16:40 - Aug 8 with 3067 views | DJR |
| Car Accident opinion... on 16:31 - Aug 8 by TractorBrew |
This is our view also - the car was 600 miles old, so no issues with it!
Have provided a lot of detail as you say to provide more context. We have some CCTV, but it only shows post accident as it is motion activated. Everyone who has seen it has said that there is no way we can be at blame, yet the insurers seem to be saying it shows we are! |
If you don't get anywhere, I would escalate it within the insurance company.
And ask to see what the other party is alleging happened. | | | |
| Car Accident opinion... on 17:12 - Aug 8 with 3010 views | redrickstuhaart |
| Car Accident opinion... on 16:31 - Aug 8 by TractorBrew |
This is our view also - the car was 600 miles old, so no issues with it!
Have provided a lot of detail as you say to provide more context. We have some CCTV, but it only shows post accident as it is motion activated. Everyone who has seen it has said that there is no way we can be at blame, yet the insurers seem to be saying it shows we are! |
Much may turn on who is believed about indicators. Does the cctv show one still flashing? Or was it, perhaps, forgotten? | | | |
| Car Accident opinion... on 17:17 - Aug 8 with 3003 views | Pendejo |
| Car Accident opinion... on 16:05 - Aug 8 by TractorBrew |
Turning left, with car behind. It's a village road, so you couldn't under / overtake... |
Which insurance company is saying it's your fault?
Surely not yours?
Do not speak to TP or TPI, let your insurance company deal with it. If it's non-fault it should not affect your policy / premium.
Best way to gauge your situation if at all unsure is to approach an Accident Management company, if they take you on the "circs" favour you. But really your insurance company should be dealing with it.
In my humble opinion, if you are performing a slow manoeuvre, regardless of signalling, and you are hit by a vehicle approaching from behind, it's their fault. [Post edited 8 Aug 2023 17:27]
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| Car Accident opinion... on 17:26 - Aug 8 with 2920 views | HARRY10 |
Insurers will always 'try it on'. Se if you will take a lower payment, accept no claim etc. You need to remember claims are first looked at by a 'lowly' clerk.
Check if you had legal protection in your insurance
Write to them ASAP and state that you wish to dispute their counter claim
Take photos are the scene. prepare you case.... what happened
Any replies/comments should be kept as brief as possible with the minimum of adjectives. Point out that this was not a 'one off event' your wife routinely makes this turning everyday.
If no satisfaction, look for a solicitor specialising in motoring cases. Expect this to drag on. | | | |
| Car Accident opinion... on 17:43 - Aug 8 with 2858 views | redrickstuhaart |
| Car Accident opinion... on 17:26 - Aug 8 by HARRY10 |
Insurers will always 'try it on'. Se if you will take a lower payment, accept no claim etc. You need to remember claims are first looked at by a 'lowly' clerk.
Check if you had legal protection in your insurance
Write to them ASAP and state that you wish to dispute their counter claim
Take photos are the scene. prepare you case.... what happened
Any replies/comments should be kept as brief as possible with the minimum of adjectives. Point out that this was not a 'one off event' your wife routinely makes this turning everyday.
If no satisfaction, look for a solicitor specialising in motoring cases. Expect this to drag on. |
Claims rarely get beyond a lowly clerk. Have we even established which insurers have said what? The other side's wont, in all likelihood, be communicating directly with the OP.... | | | |
| Car Accident opinion... on 19:21 - Aug 8 with 2742 views | Nomore4 |
| Car Accident opinion... on 17:17 - Aug 8 by Pendejo |
Which insurance company is saying it's your fault?
Surely not yours?
Do not speak to TP or TPI, let your insurance company deal with it. If it's non-fault it should not affect your policy / premium.
Best way to gauge your situation if at all unsure is to approach an Accident Management company, if they take you on the "circs" favour you. But really your insurance company should be dealing with it.
In my humble opinion, if you are performing a slow manoeuvre, regardless of signalling, and you are hit by a vehicle approaching from behind, it's their fault. [Post edited 8 Aug 2023 17:27]
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Fault or non fault. It effects policy/premium. Your classed as being higher risk if involved in an incident/ claim even non fault. | | | |
| Car Accident opinion... on 19:32 - Aug 8 with 2712 views | ElephantintheRoom |
As a rule of thumb an insurance company will always try and absolve itself of any responsibility. You just have to keep appealing and giving the facts. The downside is that it’s a claim and you will lose a small fortune anyway. | |
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| Car Accident opinion... on 19:37 - Aug 8 with 2698 views | SuperBobbyPetta |
If you disagree you can challenge the insurance company - its pretty common practice for disputes to be decided as 50/50 if one party challenges rather than dispute for blame. You should be prepared to share a diagram/pictures of the event if you are able and want the insurer to review the case. | | | |
| Car Accident opinion... on 19:55 - Aug 8 with 2665 views | nodge_blue |
I think you are saying you have pulled into the other side of the road in order to get enough angle (i have same issue).
I think your insurance company is correct. You have entered the oncoming lane and its your duty of care that it is ok to do so.
Or are you saying its the car behind you thats hit you? [Post edited 8 Aug 2023 19:56]
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| Car Accident opinion... on 19:55 - Aug 8 with 2661 views | Pinewoodblue |
Was your wife aware, before she made her turn, that the other vehicle was there? If the answer is no then she will have to share some responsibility for her actions.
It is a manoeuvre that contains a degree of risk. In truth it would be better to approach so you turn right into your property. If you have to pull so far to the right, to make a left turn best practice would be to first park on opposite side of the road and only make your turn into your driveway when it is safe to do so.
Suspect neither party is free from blame and liability will be shared although wouldn’t like to speculate on the split without researching case law. |  |
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| Car Accident opinion... on 20:32 - Aug 8 with 2576 views | Pendejo |
| Car Accident opinion... on 19:21 - Aug 8 by Nomore4 |
Fault or non fault. It effects policy/premium. Your classed as being higher risk if involved in an incident/ claim even non fault. |
Not necessarily, I had a £3.5k claim 9 years ago, next premium was lower. | |
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| Car Accident opinion... on 07:46 - Aug 9 with 2393 views | Nomore4 |
| Car Accident opinion... on 20:32 - Aug 8 by Pendejo |
Not necessarily, I had a £3.5k claim 9 years ago, next premium was lower. |
I think it’s safe to say the insurance market and t&c,s have changed since 2014. In favour of the insurance market. Any claim on a policy of any insurance in 2023 fault or non fault. Is classed as a higher risk upon renewal. The insurance companies regard any incident this way. (The policy holder has been involved in an incident). Fault or non fault it matters not. Although this hasn’t changed in 20 plus years. | | | |
| Car Accident opinion... on 07:48 - Aug 9 with 2388 views | Nomore4 |
| Car Accident opinion... on 07:46 - Aug 9 by Nomore4 |
I think it’s safe to say the insurance market and t&c,s have changed since 2014. In favour of the insurance market. Any claim on a policy of any insurance in 2023 fault or non fault. Is classed as a higher risk upon renewal. The insurance companies regard any incident this way. (The policy holder has been involved in an incident). Fault or non fault it matters not. Although this hasn’t changed in 20 plus years. |
The clue is in the insurance quote. Have you been involved in a claim fault or non fault in last 5 years. | | | |
| Car Accident opinion... on 09:12 - Aug 9 with 2310 views | GlasgowBlue |
As she swung to the right did her indicator, which I assume was flashing left hand side, automatically turn off due to her change of direction.
My road is on a corner, and although indicating right for several metres the corner swings me to the left and the indicator turns off. This can be confusing for people behind me. |  |
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| Car Accident opinion... on 11:32 - Aug 9 with 2210 views | blueasfook |
Maybe worth checking with your neighbours if anyone caught the collision on CCTV. Then you have real time footage of what happened and the insurer can see clearly who was at fault. Withouth some evidence it's just one drivers word against another. They usually go 50:50 in these cases so I am surprised they have given favour to the other driver. Have they given a completely different account?
Bit of advice going forward: Invest in a front/rear camera system. I got one since someone changed lanes into me and gave a cock and bull story about it so in the end I had to accept 50:50. |  |
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| Car Accident opinion... on 13:14 - Aug 9 with 2107 views | Adelaideblue |
If someone comes down her inside then surely they are at fault ... [Post edited 9 Aug 2023 13:16]
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| Car Accident opinion... on 12:38 - Aug 11 with 1794 views | wilsondavid |
| Car Accident opinion... on 19:37 - Aug 8 by SuperBobbyPetta |
If you disagree you can challenge the insurance company - its pretty common practice for disputes to be decided as 50/50 if one party challenges rather than dispute for blame. You should be prepared to share a diagram/pictures of the event if you are able and want the insurer to review the case. |
Yes he can definitely challenge that, based on his desccription | | | |
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