Car crash query

sports_brah

sports_brah

sports_brah

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4 Jan 2013
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Just a quick query.

I was traveling along the "bigger" road. My wheels were across the dashed white line as I prepared to turn right (well over the half way point of his road) (car was still facing forward). I was indicating.

Car came off side road as indicated, at quite some speed. Hit the side of me.

DcPdKEA.png


I thought that as I was on the main road and established, that I was automatically in the right? Especially given my speed vs his. Damage to my side versus his front. The photos I took at the scene, show that he must have cut across the half of his road as well.

He initially apologised and said he couldn't see due the sun to his left, but he has now denied saying it in front of two people (me and my gf)

He is contesting his liability, saying my wheels were over the white line.

Anyone got any advice to give? It's been a while now and still no resolution to it.


edit: this was not a "main" road, it was fairly quiet.
 
His fault, can't really see an angle where he could argue otherwise especially if you have photos.

So what if you were over the white line, you were turning into a junction!
 
Link to said road?

On the face of it, he was pulling out from a minor onto a major road and you had right of way so he is at fault, but gmaps link would help establish that. Often it's still his word vs. yours if your witness is a passenger in your vehicle (always used to be anyway).
 
tamzzy said:
from the diagram, its your right of way methinks
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I would have thought so to. It seemed so straightforward and logical. Hell he even apologised to me there and then quite a few times. Though now he denies everything. :rolleyes:

This has written my car off, not good seeing as I'm third party!
 
Should be the other parties fault but the only thing you can really do is fill in the insurance claim, submit all your evidence and given that he's already changed his story be prepared for some concocted story where you are at fault.

Even though he's now denied it make sure you mention that he admitted fault due to the sun being in his eyes and also mention that you were in mid manoeuvre to make the right turn when the other party hit your car.
 
IAmATeaf said:
Should be the other parties fault but the only thing you can really do is fill in the insurance claim, submit all your evidence and given that he's already changed his story be prepared for some concocted story where you are at fault.

Even though he's now denied it make sure you mention that he admitted fault due to the sun being in his eyes and also mention that you were in mid manoeuvre to make the right turn when the other party hit your car.
Click to expand...

I mentioned it to the insurance company, but they came back and said that he denies having said it, and that its my word against his (even though the lady in my car heard him say it as well, multiple times).


Ahh, guess I'm worrying unnecessarily, but seeing as I'm third party, I'm kind of reliant on this...
 
Seems we're not all aware of the basics of the Highway Code, so worth a copy/paste of this:

The rules in The Highway Code do not give you the right of way in any circumstance, but they advise you when you should give way to others.
 
sports_brah said:
I mentioned it to the insurance company, but they came back and said that he denies having said it, and that its my word against his (even though the lady in my car heard him say it as well, multiple times).


Ahh, guess I'm worrying unnecessarily, but seeing as I'm third party, I'm kind of reliant on this...
Click to expand...

It doesn't matter whether he said it was his fault or not. He doesn't work for the insurance company and isn't qualified to make the decision on who's fault it was.

If he went over a give way, without giving way its his fault.
 
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