I had an accident a few weeks back (only my second in 15 years of driving and the first one was within weeks of passing my test).

Basically, I was driving along a dual carriageway in the outside lane (after overtaking a car) when a woman pulled out from the central reservation i.e. from my right (there is a junction with a refuge in the central reservation to allow drivers to gain access to a village) when I was about 30 metres away

At first, I thought she was going to drive across my path into the inside lane, so as well as standing on the brakes, I swerved to the right but in fact she turned into the outside lane directly into my path! I clipped her drivers-side rear quarter with my passenger-side wing, bounced off, mounted the central reservation, overtook her on the grass, rejoined the carrriageway, spun back across the central reservation (I think I over corrected somewhat!) and ended up with my front wheels on the opposite carriageway wearing a decidedly brown pair of trousers.

I called the police, who when I gave my version of events they described her as a "stupid cow". I don't know if they charged her with anything, but I suspect not.

It's all in the hands of the insurance companies now, but mine is telling me that they want to go knock for knock but as far as I'm concerned, it was completely her fault for pulling out "When I looked, you weren't there".

2 questions:

How can I find out if she was charged?
How can I get my insurance company to go for 100% her fault?

 

sounds like you could be at fault also???

Dont worry along will come the "scoobynet" legal team who will offer you more info !!

 

How?

 

Was that a question or a statement?

 

He is a ****, ignore him. Its obvious who 'Seamaster' is after all.

REV, if they continue to slack write to the insurance company's Chief Executive pointing out your disgust at their feckless performance. Ask for a copy of the company's grievance prodedure; this should set off alarm bells as its the first step you take when raising an issue with the ombudsman.

 

as long as you wern,t speeding ect then she,s basically pulled out on you so she should have the full blame , its daft cows like this that pull out on me while im out on my bike she,s obviously misjudged your speed and position , but it still should be her fault as long as you wasn,t going warp 9..........

 

The problem is you hit the back of her. If she tells a different story to the above the insurance companies are going to have to fight it out.

Thing is neither company really want to get into these sort of claims so hence the 'knock for knock' attempt. I am certain if you kick up enough of a fuss they will change their tune and process the claim properly.

I had a very similar thing in 2003 when a Land Rover Freelander pulled out in front of me claiming I was indicating to turn off (which I wasn't) and knock for knock was suggested. I dug my heels in and eventually the blame was correctly attributed to the plank in the Chelsea tractor.

 

Who are the insurance companies? (is yours direct line?)

Any witnesses? independent or otherwise?

Did this happen in scotland?

 

Knock for knock is easy option for the insurance companies, they don't have to do any hard work. Tell them to look after your interests, that is why you pay them a healthy premium after all ...

TX.

 

The cynical might say that as well as being an easy option, knock for knock also allows two lots of insurance to be loaded for fault claims...

John.

 

Went out to take some pictures. This is the view of the road she would have had. For reference, my car would have been roughly level with the second set of arrows (travelling at 70mph) in the outside lane when she pulled out:



For the poster above, thihs was in England. I'm insured with Highway (Robbery) and the other driver is with Direct Insurance.

As well as claiming that I wasn't there when she pulled out, she also claimed that I must have come "flying over the crest of the hill".

 

But why would an insurance company offer to pay out a few thousand pounds just to make an extra one or two hundred pounds on next years premium?

 

REV - The problem is you don't know what she has told her insurance company happened. In her and their eyes it might have been completely your fault.

I would still advise to argue if you are not happy, but be aware all the time the claim is still open both yours and hers NCB will be reduced

 

If the police attended the scene, they will have written a report. You can request a copy of this report. Your insurance companies would also be likely have it.
It should have both version of events.

 

Is that road not a 60mph limit?
Thought 70 limits had to have barriers inbetween carriageways?

 

Just checked the highway code - i'm full of it

 

It's unfair but think the emphasis is on you to prove she's wrong/lying. Looks to me like you can see a good half mile if not more from where she pulled out, you could try measuring the distance from the brow of the hill to where she pulled out and work out what your average speed would have been for her to be right. You might be surprised and end up with a ludicrous speed that will clearly show she's talking rubbish. In my (very limited!) experience of insurance co's you have to point out the obvious to them or it won't get looked into.

Good luck

 

Do tell Simon ?!

 

When deciding who is at fault for an accident you have to have in your mind "what did each party do wrong ?".

So , you hit the quarter panel on her vehicle - not directly on the rear, yes ? Or in other words, was her vehicle straightened up and about to continue in the direction you had been travelling in ? Did the impact take place at the junction itself or had she moved some distance beyond it when the collision occurred ?

If the point of impact on her vehicle shows that she had just pulled out, then I cannot see that Direct Line can prove that you have done very much wrong at all with regard to civil law.

 

Rev, is that the bit of Dual Cariageway leading into Stanley?

 

Stanley who?

 

Stanley the village, close to the Rothwell M62 junction, you displaced southern feejit.

 

She had straightened up and was travelling in the direction I was and was now fully in my lane, I'd managed to almost squeeze between her and the central reservation (with 2 wheels on the grass) to avoid a full on impact. We were 5 metres or so from the junction when we hit. I came to rest about 30 metres beyond that.

 

Hey Rev,

Would have been better if she hadn't yet straightened up, but if it is agreed that the impact took place only 5 metres from the junction then she must be liable. (I've been an Insurance Claims Advisor for 15 years). She has caused the impact by her failure to give way and you could not be considered to have contributed to the accident.

Make this point clear to your insurers, and make it equally clear that you are not prepared to concede liability. Technically, the decision is theirs to make, but you can influence them by the above and ensuring they have all the facts. Suggest you email them the pics too. As above, a police Report may help. I take it there were no witnesses ? The police report may detail these, then your insurers can write to the witnesses to obtain written statements.

Andy Mc