Liability in accident

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Soldato
Joined
17 Jan 2005
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Liverpool
My girlfriend was in an accident a couple weeks ago with a van. She was turning across from a major road into a minor road and the van pulled out of the minor road while she was crossing and drove into the side of her.

Her car was written off and shes been off work the last couple weeks with back pains etc. Shes been trying to sort it all out with the insurance, but the other party haven't admitted liability. The other guy was in a work van and told her at the scene it was work insurance so gave her the details of his company. She didn't take any photos of the accident or get any witnesses and her insurance company have said there isn't much they can do until the other party admit.. Is there any thing she can do or is she up the creek without a paddle?
 
Ultimately you may have to claim on your own insurance and loose your NCB + pay your excess (in this case have it deduced off the valuation of the write off i guess ?)
 
No proof either way, so chances are she'll either lose the case completely and have to claim off her own insurance, or, best case scenario, it'll go 50/50.
 
No witnesses. As far as the driver of the van's concerned, he may never have hit her. It's whether the guy that hit her is honest or not as to whether it goes in her favour not.
 
taximike said:
Off work for two weeks with back pains from a low speed impact? How does this happen?
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impact to the side of the vehicle. a van ran into the side of her. It's gonna hurt no matter what speed he was doing. Shes lucky she never cracked her head of the side window
 
Felix said:
How can it not be the vans fault? It drove into the side of her.
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Depends on the angle of impact and so on, and the damage to each vehicle, and even then it could be a tough call. It might well look like the van went into the side of her, but who's to say she wasn't going sideways y0 and smacked into the van that way?
 
Gav said:
impact to the side of the vehicle. a van ran into the side of her. It's gonna hurt no matter what speed he was doing. Shes lucky she never cracked her head of the side window
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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.
 
taximike said:
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.
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It's so handy having a psychic doctor on here. Perhaps you can answer all the medical questions that get locked in GD.
 
It's amazing how you never hear of people who CAUSE the accidents taking the days off work! But as soon as people get hit at 10mph they somehow manage to fake injuries.

I was run over by a car going at 30mph, and even though I needed an operation to fix a broken arm and probably could have taken time off, I only took the day off that I was actually in the hospital. Sick days cost the economy money and they wind me up.
 
Surely its down to your gf's insurance to prove she was hit. If her car had impact on the side of her car then surely this is enough evidence?
 
taximike said:
It's amazing how you never hear of people who CAUSE the accidents taking the days off work! But as soon as people get hit at 10mph they somehow manage to fake injuries.
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How large is the sample of accidents on which you're basing all this? You got a lot of data on which people are involved in accidents end up injured?

taximike said:
I was run over by a car going at 30mph, and even though I needed an operation to fix a broken arm and probably could have taken time off, I only took the day off that I was actually in the hospital. Sick days cost the economy money and they wind me up.
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Good for you, but not everyone is so lucky. And you know, some people take sick days because they're actually sick, and that's got very little to do with your feelings on the economy. Or are you saying no one should ever take a sick day?
 
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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.
 
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