Car accident/insurance advice

[strings]

My other half was unlucky enough to be hit by another driver yesterday.

She was driving along the road and the other driver was parked at the side of the road and behind another car. The other driver pulled out and into the side of her car whilst she drove past. It is important to note that he was in a parking bay at the side of the road - he was not driving lane of the road itself. The other driver also failed to indicate and was on his mobile phone at the time of the accident.

My girlfriend panicked and, perhaps naïvely, failed to get a witness at the time of the accident. The other driver is now claiming the accident is her fault.

What should she do now?

Her insurance company has suggested that as it is her word against his, she may lose her no claims and have to pay her excess. Her only real hope is that, when presented with the photographs taken at the time, his insurance company admit liability on his behalf.

Although she has the other drivers contact details, she has been instructed not to contact him, as this is now a dispute.

 

[herbicide]

If she has made her statement to her insurance company, there is not much more she can do.

The insurers will consider who is to blame after hearing the other drivers story.

Is there any CCTV nearby? Even the mention of a camera nearby might scare the other driver into telling the truth.

 

[Barrel of Fun]

Surely the point of contact should determine that the driver crashed into her and not the other way round?

I f***ing hate people that won't accept responsibility for their actions. He is lucky enough that he has got away with being on his mobile phone. He would be looking at a jail sentence if he had harmed/killed a cyclist.

 

[beorhthelm]

Mobile phone records can be requested, no?

 

[mune ni kamome]

The insurance companies can't wait to judge it 50-50. It's the most profitable thing between them. Only one thing you can do. Wait for a few weeks then chuck a brick though his window.

 

[Chicken Runner61]

Sounds like she had right of way - The insurance company will always say that. On what grounds is he saying it was her fault. I would report it to the police if he was on his phone - they can get the time of call if he was on the phone, if the photos show he had pulled out and not her driven in to him unless he has hands free he will have a problem.

 

[wunt be druv]

She should report the accident to the Police if the other driver was on the 'phone as obviously he was committing an offence and this would certainly contribute to causing an accident.The Police will have the means to obtain records of the drivers mobile 'phone calls to prove her case.I speak from experience as somebody drove into me whilst on the 'phone and then denied it,but it was soon proved and the other driver was charged and subsequently found guilty.Go for it and good luck!

 

[skipper734]

If the damage is to the side of your girlfriends car I fail to see what the other drivers excuse for the damage could be? The photo's and her statement and diagrams should tell the story.
That does not guarantee that the insurance companies will not get together and do a deal. " Your Client crashed into mine, no she didn't, how do you explain it? She was in the wrong place at the wrong time." Ok. you pay 75% and we will pay 25% for being in the wrong place at the wrong time."
If they do any of this she will loose her NC bonus.

 

[albionite]

Would you not need a eye witness to prove the time of crash. Still comes down to one word against another as he can say he was on phone before crash

 

[Chicken Runner61]

If the Insurance companies do say they will go knock for knock - take it to the small claims court, a reasonable judge may find in your favour and you might get a result. The other driver might not even turn up in court and you would win then. You can then go back to the Insurance companies and say the court found in your favour.

 

[tubaman]

She should report the accident to the Police if the other driver was on the 'phone as obviously he was committing an offence and this would certainly contribute to causing an accident.The Police will have the means to obtain records of the drivers mobile 'phone calls to prove her case.I speak from experience as somebody drove into me whilst on the 'phone and then denied it,but it was soon proved and the other driver was charged and subsequently found guilty.Go for it and good luck!

for an incident like this which is basically a civil dispute there is little point reporting it to the police after the event. They do not have a magic wand that will show that the other driver is a liar. witnesses and hard evidence is the only thing that will help and forget about phone records, the police will not go digging that far.

 

[strings]

Thanks folks for the advice.

I think the next step is to go back to the area and see if there was any CCTV. The damage is on the passenger side of her car and the drivers side nose of his car. Therefore, I would assume he will claim that she cut across the front of him, which would seem daft given it was a single carriageway road, but is the only other explaination I can think of that would cause similar damage.

Thanks again. Kisses for ladies, handshakes for the men.

 

[Billy the Fish]

The other driver also failed to indicate .

You're not supposed to indicate when pulling out from a parked position. It confuses the oncoming traffic, if there's a car close enough to see your indicator you just shouldn't be pulling out.

 

[terryberry1]

The insurance companies can't wait to judge it 50-50. It's the most profitable thing between them. Only one thing you can do. Wait for a few weeks then chuck a brick though his window.

This.

 

[DanielT]

You're not supposed to indicate when pulling out from a parked position. It confuses the oncoming traffic, if there's a car close enough to see your indicator you just shouldn't be pulling out.

What highway code rule is that?

 

[terryberry1]

Thanks folks for the advice.

I think the next step is to go back to the area and see if there was any CCTV. The damage is on the passenger side of her car and the drivers side nose of his car. Therefore, I would assume he will claim that she cut across the front of him, which would seem daft given it was a single carriageway road, but is the only other explaination I can think of that would cause similar damage.

Thanks again. Kisses for ladies, handshakes for the men.

If he drove into the side of her it is clearly his fault. This should be the view of your insurance company. Once she has won the case get her to the doctors and tell him about the terrible neck pain she is suffering. Then all you need is a no win no fee solicitor and you have yourself a couple of grand for the trouble. Happy Days

 

[tedebear]

Thanks folks for the advice.

I think the next step is to go back to the area and see if there was any CCTV. The damage is on the passenger side of her car and the drivers side nose of his car. Therefore, I would assume he will claim that she cut across the front of him, which would seem daft given it was a single carriageway road, but is the only other explaination I can think of that would cause similar damage.

Thanks again. Kisses for ladies, handshakes for the men.

Yep - although I'd add to the list of things to do to report to your local Police station because he was on the phone. The more you can get going the better.

 

[Garage_Doors]

You're not supposed to indicate when pulling out from a parked position. It confuses the oncoming traffic, if there's a car close enough to see your indicator you just shouldn't be pulling out.

WTF ! are you serious ?

 

[vegster]

You're not supposed to indicate when pulling out from a parked position. It confuses the oncoming traffic, if there's a car close enough to see your indicator you just shouldn't be pulling out.

Oh dear, I always thought that the rules went along the lines of " Indicate before pulling out, however, indicating does not mean Right of Way " ? mind you it's all changed since I passed my test, so many people regard indicators as an option rather than an obligation.

 

[Matrix10]

I would not rely on too much help from the police. On rememberence day Sunday a friend of mine was driving in the main shopping street in Bexhill when a car u turned in front of him and ran straight into the side of his Amg Merc. The driver refused to give him any information as to address or insurance, so he phoned the police who said they were not interested if. As no one was injured. It was only the intervention of a police officer who was involved with the remembrance day parade and had to get the obstruction out of the way that the information was supplied. However this has proved pointless as the people involved are proprietors of a local take away and guess what? They don't know which one was driving!!!