A towed vehicle hit my wife's car on a roundabout - who's liable?

My wife is due in court in July for an accident that happened in December 2015. She turned right on roundabout (already negotiating around) when a car towing another vehicle (the tow rope was so long, another car could fit through the gap between the tow vehicle and broken down vehicle) suddenly pulled across and pulled the towed vehicle into the side of her car. The damage was deemed unrepairable and was an insurance write off. Nobody admitted liability and no witnesses came forward. The insurers paid the market value for a replacement. She received summons from the other driver's insurer demanding payment of £6000 for loss of vehicle (an ancient Vauxhall Combo). This was set aside by the her insurance company. Why is this going to court and any idea what the outcome could be?

Asked on 15 May 2017 by Rob72

Answered by Tim Kelly
They will be arguing that your wife should not have proceeded when it was not clear to do so. Also the broken down vehicle may have been either not insured or covered third party risk from the towing vehicle and they will be wishing to claim to cover these losses that are not insured. I cannot advise on liability with out full details or investigating. I could argue a case that your wife is 100 per cent liable, as she should have seen the vehicle was being towed. I could also argue the other party is 100 per cent liable as he had a duty of care to make sure not only his path was clear, but also the path of the towed vehicle. Leave it to your insurer, unless you feel your wife is not liable in any way. If that is the case, speak to your insurer and make them aware.
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