He said he pulled over as he saw traffic stopping and hadn't felt it. Only Mark on his truck was my white paint on his wheels
Accident Advice
- Thread starter Robert
- Start date
Caporegime
A guilty concience lead to him pulling over, I've driven artics for far too long, more than long enough to know you don't just pull over because you notice traffic behind you has slowed or indeed stopped....!
Interesting at work we'd not be challenging it if the driver had reason to stop and was aware at the scene of probably hitting someone - a bit different sometimes when we get claims put in after the fact we have no previous awareness of - which we have challenged.
My solicitor is taking it to county court. ****** off tbh.
In November I was merging on a slip road, (slip road goes 2 to 1 before merging in motorway) I've merged, gone past all the merging signs and the lanes have gone to 1 and half, there's traffic in front of me as they doing road works on the motorway where 3 lanes are becoming 2, so they are all coming to a standstill, there is 2 car lengths I. Front of me, I'm doing 30mph slowiydown to a gradual stop, the guy in the outside lane decides he wants the small space in front of me because the 1 car difference will get him home quicker.
He scrapes down the side of my car, I try and take avoiding action by going on the chevrons to the left, but the damage already done. I stop on the side of the road, He then drives off.
I follow him and try to get him to pull over but nothing.
Told my insurance company the next day.
He then went to the police, and his insurance company and said it was all my fault etc etc.
Unfortunately I didn't have a dash cam and no one else stopped so no witnesses.
I managed to polish the marks out on my car so didn't go through the insurance.
He's made a claim and now I'm having to settle on 50/50, so we both get an at fault claim.
Joke is my insurance is paying half his costs, and as I didn't make a claim his insurance is getting a darn good deal.
He scrapes down the side of my car, I try and take avoiding action by going on the chevrons to the left, but the damage already done. I stop on the side of the road, He then drives off.
I follow him and try to get him to pull over but nothing.
Told my insurance company the next day.
He then went to the police, and his insurance company and said it was all my fault etc etc.
Unfortunately I didn't have a dash cam and no one else stopped so no witnesses.
I managed to polish the marks out on my car so didn't go through the insurance.
He's made a claim and now I'm having to settle on 50/50, so we both get an at fault claim.
Joke is my insurance is paying half his costs, and as I didn't make a claim his insurance is getting a darn good deal.
You don't have to settle. Deny it and mug him off the same way and keep it open. He has no proof either and fled the scene.
Last edited:
That will just prolong the whole thing and inevitably it end up as 50/50 anyway
Soldato
This is interesting. As I understand it, an insurer won't go to court regarding a disputed claim unless they have some evidence proving that the other driver is at fault, so even though there's no dashcam footage they must have some evidence, such as an independent witness.
I think what often happens with claims against commercial insurers is that they do nothing until they are served with court proceedings and then, if there is clear proof of them being at fault, they admit liability just before the court date.
How would they have got that? Strangely the lady at carpenters said my insurer must be confident
Caporegime
You were hovering in his blind spot and he didn't see you when he came across. This is pretty much what always happens. Just a tip for the future never hang around on the inside of a truck as it is a very dangerous place to be. In fact try to avoid it at all costs. He will have blind spot mirrors or even DVS but it is still a huge gamble as it could be a fresh pass or even a driver coming to the end of a 15 hour day. Average speed zones are the worse for this as truck Speedo's are calibrated to within 1mph so they are doing 50 in a 50 whereas cars normally sit around 45 thinking they are doing 50 so trucks end up in the middle lane because traffic in lane 1 is just going too slow.
It is his fault at the end of the day you will have a non fault claim on your insurance and it will be no skin off his back as the company will most likely self insure if it is a big one and his details will not even be recorded. They pay up but you lose out on your record.
This is why in this day and age it is far better to focus on defensive driving and leaving plenty of space in front. If it hurts the ego that someone cuts in at the last minute so be it but at least your car will not be damaged.
I wish they would teach a lot more about HGV's when people do their tests or even have a driving equivalent of CPC for non professional road users. It would help no end.
The amount of cars that think Lorries should let them in off a slip road that results in a crash must happen several times a day and if I had a quid every time a car slows down on a slip when the logical thing is to speed up I would be a millionaire.
Last edited:
Got a court date, bricking it. Was tempted to just withdraw but a truck drove into me and it feels like I’m being bullied.
Associate
Have you got a dash camera yet?
I had a moron change lanes in to the side of my car last year. His wasn't damaged so said he wasn't claiming. I gave his numberplate and the video to my insurers and it was literally sorted within 10 minutes.
I had a moron change lanes in to the side of my car last year. His wasn't damaged so said he wasn't claiming. I gave his numberplate and the video to my insurers and it was literally sorted within 10 minutes.
Man of Honour
its likely not like TV court, It's likely to be you, your lawyer (you do have a lawyer don't you?), the defendant and their legal representative in a small room with no-one else. Rock up with plenty of time, dress well, be polite and do what your lawyer says - worst case you lose and the insurance has to pay out, best case you win and you get your no-claims and excess back (+ reasonable expenses iirc, keep your parking ticket to add to it
)We went a few years back when my wife had a head on down a country road, we rocked up dressed for a funeral and the defendant in her Day-Glo leggins - She was rude and unhelpful, we were polite. Judge ruled 100% defendants fault as my misses had tried to drive into the hedge and the defendant hadn't made any effort to avoid the crash. Could easily have gone 50:50 but think the appearance and attitude helped a lot
Last edited:
I have no lawyer, but am represented by carpenters via my insurance. Totally didn’t consider this…its likely not like TV court, It's likely to be you, your lawyer (you do have a lawyer don't you?), the defendant and their legal representative in a small room with no-one else. Rock up with plenty of time, dress well, be polite and do what your lawyer says - worst case you lose and the insurance has to pay out, best case you win and you get your no-claims and excess back (+ reasonable expenses iirc, keep your parking ticket to add to it
We went a few years back when my wife had a head on down a country road, we rocked up dressed for a funeral and the defendant in her Day-Glo leggins - She was rude and unhelpful, we were polite. Judge ruled 100% defendants fault as my misses had tried to drive into the hedge and the defendant hadn't made any effort to avoid the crash. Could easily have gone 50:50 but think the appearance and attitude helped a lot
Wonder if carpenters will provide this…guess that’s a question!
Man of Honour
The insurance will provide your representation (thats who ours was from - very similar situation where the insurance was pushing for the hearing)I have no lawyer, but am represented by carpenters via my insurance. Totally didn’t consider this…
Wonder if carpenters will provide this…guess that’s a question!
Apparently the other side are “possibly” looking to settle before the court date. Seems a bit of a vague statement. Oh well!
That could be them backing down after trying to bully you into laying off, not sure how to take it but hopefully it's them realising that you will actually take it to court and not bend over.
Do you have legal cover as part of your insurance? Always wondered how this stuff works if you have to go to court and you don't have legal cover included. I assume you can just represent yourself and put together some notes and timeline of what happened and then just talk through the incident?
I would not worry about court. Nothing to be worried about at all. You are presenting your case and they are theirs.
I expect they will back down last minute as predicted. Sounds like they might be ^
I would not worry about court. Nothing to be worried about at all. You are presenting your case and they are theirs.
I expect they will back down last minute as predicted. Sounds like they might be ^
of course they will settle....
It's way more expensive to go to court with all associated costs, they are hoping you back down beforehand. Don't, they will offer to settle and everyone carries on from there.
As above -surely your insurance has provided you with legal help?