Just Had My First Accident

[Stu]

Could't believe my luck, had the worst possible day on record, then on my way home i was pulling out of a junction at a cross roads onto a main road, i was turning left, and the woman in the other car was immediatley opposite me, turning right (the same way i was going).

I could clearly see the carriageway from where i was, and as there was no traffic coming, i carried on moving, but as i let my foot off the clucth to accellerate i was doing about 5 mph max, and the next thing i knew, i had a rover in the rear drivers side of my car.

Fortunatley after speaking to the insurance company they are under teh impression that the accident was not my fault, according to highway code, but would need to be investigated by the third party liability investigation team tomorrow.

The only problem i can think of so far, is after talking with my dad, he suggested i attempt to offer to pay for the repairs without notifying the insurance company, but as they wanted a courtesy car out of me, i said no, and that it will need to go through the insurance companies. i am sure that the otehr party will raise this as contest for liability, and i don't know how to handle that if it comes to it.

Hopefully it won't be long before she's back in tip top condition, and hopefully the jealous rover drivers won't try to modify my pride and joy again for a while!!!!

If only i could figure out how to put piccies into the gallery, maybe i'd put some of the piccies of the damage up!

What a day.

Stu

[Mr Singh]

She hit you first? surely thats her fault.. did u pull out first? then she was in your side?

bad luck btw... i had a bus hit me earlier this year.. took till now to settle the claim.

[Stu]

As far as i can make out, i must have pulled out a fraction before she did, thereby making it her fault. According to highway code, when approaching a main road at a cross roads, the person turning left always has right of way over a person turning right (when on opposing sides of the cross roads, and basically heading in the same direction).

Stu

[Mr Singh]

I think you should be okay. If she contests she pulled out first it will be your word against her's, and could end up in court! however stick to your guns i think your innocent and hopefully it should be a quicker fix than mine was.

Good luck!

[Stu]

Thanks mate, the only other issue is that she had a passenger in the front, and i didn't have anyone else in the car to back me up, but we'll see what happens.

Stu

[johnboy]

sorry to hear about your car Stu, at least you werent hurt

i didnt think passengers could be witnesses, i could be wrong though

hope its not too long being sorted out

[peter026]

On a x rd as you were turning left onto a maincarraige way,therfore not crossing the carraige way you automatically have priority over a vehicle turning right onto same carraige way,who therefore has to cross said carraige way.

Stu the law is on your side

[ifraz]

Really bad luck Stu.

Were there no other independant witnesses?

[Steve ( West Mids )]

You sure there weren't any other Lexus drivers about at the time ;) Sorry to hear about the car :(

[Stu]

Wish there were, i'm sure they'd have at least stopped to see if everyone was alright, but no-one did, they were getting impatient and rushing past to get whereever they were going.

Stu

[Bazza]

she is now proudly telling everyone that she hit a "Lexus"

good luck stew

sounds like it was her fault

by the way, how is the neckache

[Stu]

The neck isn't aching, or any physical part of me for that matter, however, i am feeling very stressed and disturbed by what has happened!!!! :P

Stu

[Fargo]

lol you didnt get bazza's inference,, but im sure you neck WILL ache in a few days...

also do not offer to pay for anything,, NEVER admit liability even if it was your fault,, thats what the insurance company is there to do,, you opay em enough..

[UKPulse]

Really bad luck mate

Make sure that in any statement you make it perfectly clear that:

* You checked your path was clear prior to moving forward.

* As you commenced to turn left in to the road, the Rover was not moving. (So she must have pulled out after you, and when you were already moving).

* That as the Rover hit you in the rear door, behind your line of sight. (So you were clearly in the main road before her, and she therefore failed to take action to avoid hitting you).

Think you have to tell your insurance company about any accident, regardless of blame, as they will consider it a material fact. Not really fair, but that's insurance companies for you.

[Stu]

lol you didnt get bazza's inference,, but im sure you neck WILL ache in  a few days...

also do not offer to pay for anything,, NEVER admit liability even if it was your fault,, thats what  the insurance company is there to do,, you opay em enough..

←

I never said it was my fault, and nor did i admit in any way liability, that was the womans interpretation of what i said, but i sure as hell didn't say it!

I initially offered to sort out outside of insurance, but only because i thought it was my fault, purely because i have only got 3yrs NCB, and couldn't afford to keep the car if i didn't have those years. The premium would go up to in excess of 1k, and with a baby on the way, i really can't afford that.

Stu

[Dave-Ellen]

sorry to hear about this. Stick to your guns !

[Claire G]

When you get your insurance forms in, make sure you add to what they've already written (if they fill it in for you over the phone). Also try and get pictures of the crossroads and illustrate where yours and hers cars were. Include these and pictures of the damage of your car to help your claim.

I did this on the advice of my brother who was in insurance at the time, and it helped settle a claim in my favour when a lorry hit me. There were no independant witnesses and my insurer told me there was a good chance of the case being settles 50/50.

Yours seems a bit more clear-cut in your favour though...!

[Stu]

I have pictures of both the cars and the damage already, and i will get some of the area over the weekend!

Thanks for the advice!

Will keep you posted!

Stu

[shotwood]

Sorry to hear this. Pity It didn't happen to be on the Cromer Road did it? (I go past that junction quite often ;) )

<quote>

next thing i knew, i had a rover in the rear drivers side of my car

</quote>

Key point here is rear. You must have been in front of her for this to be the point of impact. It was your front door or wing, the case may be open to a little more debate. Diagrams will definitely help here.

BTW. Passengers do not count as witnesses. Take it from someone who has been there. A passenger is not regarded as an independant witness.

Hope you soon get it sorted mate and I know how you must feel..

See you around

[amolkarnik]

Her passenger cannot be a witness. A witness has to be independent.

Definitely take pictures from many angles and draw diagrams. The more detail you put in, the better your changes.

[Fargo]

lol you didnt get bazza's inference,, but im sure you neck WILL ache in  a few days...

also do not offer to pay for anything,, NEVER admit liability even if it was your fault,, thats what  the insurance company is there to do,, you opay em enough..

←

I never said it was my fault, and nor did i admit in any way liability, that was the womans interpretation of what i said, but i sure as hell didn't say it!

I initially offered to sort out outside of insurance, but only because i thought it was my fault, purely because i have only got 3yrs NCB, and couldn't afford to keep the car if i didn't have those years. The premium would go up to in excess of 1k, and with a baby on the way, i really can't afford that.

Stu

←

sorry misread...

[aido]

Good luck getting this sorted Stu, at least you're alright mate.

[TonyGoose]

Grim news indeed Stu - sorry to read about it...

But at least there appear to have been no immediate injuries.

[Blue84]

Hiya, I work in Motor Insurance claims and thought I'd let you know that her passenger cant be classed a witness as they are most likely going to be biast and lean towards the womans side instead of yours.

If you offer to pay for her claim privately then your insurer will most likely take that as you admitting you are at fault cos you are offering to pay for her repairs. If your insurance get a claim in from her insurer then they will dispute it for you, and things like area of damage, location layout etc will all be used as "evidence"

Blue

[Wosket]

thats a real shame stu. i hope you can get it all sorted without too many probs. not what you want, especially this time of year!