Liability in accident

[Fr0dders]

This is what I would do based on what you have said:

Go and take pictures of the scene
Print of google maps of the road/junction etc
Take pictures of you g/f's damaged vehicle
Get the TP to confirm their vehicle was involved in an accident
Request pictures of TP vehicle
Get your g/f to fill in an accident report form and request this from TP
Get a report from the repairer confirming the damage is consistant with the circumstances
Once your insurer has all of the above get them to write to TPI and explain only way the damage could have been done to your g/f's vehicle would be in the way described.

Do not concede liability or accept 50/50 no matter how much your insurer tries to convince you.

It is standard practice to deny liability in any claim regardless of circumstances. A bit of arguing and numreous letters will result in your insurer threatening legal action and then the TPI will probably concede liability. Your insurer may even have to instruct a solicitor, which usually gets the TPI conceding as legal costs usually outweigh any sort of claim they have to pay out.

Hope I haven't missed anything out. The best thing is to keep on top of your insurer and constantly chase it.

lol if only it was that simple.

Unfortunately the damage wont proove who started the manovre first.

TP can claim that they were performing a safe manovre, and the OP in question came racing along speeding and crashed into them and didnt signal.

In which case the damage on the OP's car neither confirms nor denys this so the TP refuses to accept liability and it goes 50/50

 

[GolfBryan]

If she moved from a major road into a minor road she has right of way. The TP moved from the minor road onto the major and should have therefore ensured it was safe to do so. If the TP's statement does not mention her speeding etc she would therefore have a point that the TP did not give way.

50/50 would be a common settlement if neither accepts liability but doesn't mean you shouldn't try to prove your point.

 

[Fr0dders]

50/50 is a common settlement when the other party lies

 

[iaind]

Sore for a day? Fine, if you're weak you can take the day off. Two weeks is taking the **** unless she has actually broken her back which I doubt.

This. I was a passenger in a nasty crash some years ago - he rolled it and smacked it into a tree on my side.

My arm was black from the impact and side airbag, cracked sternum and a few ribs and something to do with a lung. Was back at work a few days later, although they let me off my usual job of pushing trolleys around and put me on checkouts instead.

 

[Street]

There is absolutely no proof to support your girlfriends side of the story, so this is going to be very difficult.

Pretty much what I thought.. Her insurance are chasing it up now anyway.

Were the police not called as it was an accident collision?

Unfortunately not, she didn't phone me until she was clear of the scene or I would have told her what to do!

Off work for two weeks with back pains from a low speed impact? How does this happen?

A jolt to the side from a van which hasn't stopped at junction and has driven straight into the drivers door of an old Corsa.. She couldn't even open the drivers door and had to get out the passenger side.

Shes been to the doctors and they put her on Diazepam for the pain, shes pretty out of it on them. The doctor recommended she go to physio for the pain, but the NHS was booked up for something like 6 weeks. Shes had to go private for it and pay out of her own pocket and the guy there said shes slipped a vertebrae, her muscles are still contracted at the lower back and shes cracked a rib.

This is what I would do based on what you have said:

Go and take pictures of the scene
Print of google maps of the road/junction etc
Take pictures of you g/f's damaged vehicle
Get the TP to confirm their vehicle was involved in an accident
Request pictures of TP vehicle
Get your g/f to fill in an accident report form and request this from TP
Get a report from the repairer confirming the damage is consistant with the circumstances
Once your insurer has all of the above get them to write to TPI and explain only way the damage could have been done to your g/f's vehicle would be in the way described.

Do not concede liability or accept 50/50 no matter how much your insurer tries to convince you.

It is standard practice to deny liability in any claim regardless of circumstances. A bit of arguing and numreous letters will result in your insurer threatening legal action and then the TPI will probably concede liability. Your insurer may even have to instruct a solicitor, which usually gets the TPI conceding as legal costs usually outweigh any sort of claim they have to pay out.

Hope I haven't missed anything out. The best thing is to keep on top of your insurer and constantly chase it.

Thanks for the post, I'll chase all of that up with her!

People do milk stuff for all they can though.

Shes one of the rare people in the world who isn't actually interested in the compensation.. She just wants her car and doctors bills paid for despite everyone telling her to claim as much as she can!

 

[taximike]

Pretty much what I thought.. Her insurance are chasing it up now anyway.



Unfortunately not, she didn't phone me until she was clear of the scene or I would have told her what to do!



A jolt to the side from a van which hasn't stopped at junction and has driven straight into the drivers door of an old Corsa.. She couldn't even open the drivers door and had to get out the passenger side.

Shes been to the doctors and they put her on Diazepam for the pain, shes pretty out of it on them. The doctor recommended she go to physio for the pain, but the NHS was booked up for something like 6 weeks. Shes had to go private for it and pay out of her own pocket and the guy there said shes slipped a vertebrae, her muscles are still contracted at the lower back and shes cracked a rib.



Thanks for the post, I'll chase all of that up with her!



Shes one of the rare people in the world who isn't actually interested in the compensation.. She just wants her car and doctors bills paid for despite everyone telling her to claim as much as she can!

I'm willing to retract my potentially harsh comments. The van must have absolutely floored it away from the junction to build up enough speed to do so much damage... I wish her a speedy recovery. Apologies if I offended anyone.