Opinions please on recent road accident scenario.
My daughter driving normally up A49 trunk road, just after dark.
Car crosses from right to left immediately in front of her causing her to brake sharply/attempt to steer around to avoid collision. The car is attempting to enter a farm drive access splay, full of parked cars due to social function, and fails, stopping with boot stuck out into A49. Daughter fails to clear vehicle and clips bumper of car. Very little damage to other vehicle, possibly new bumper (Honda Accord), her MK2 Golf £3-400 of damage.
What will insurance companies stance on this be ?
1) Daughter make full claim against other driver? On grounds the other driver did dangerous manouvre/obstucted highway etc.
2) Knock for knock, on grounds of blocking highway/daughter should have avoided hitting her
3) other driver makes claim against daughter for running into her whilst stopped on side of road ?
4) Some other permutation ?
Also bear in mind Golf probably worth less than cost of repairs, though otherwise excellent motor, and keen to keep it on the road!
Opinions please?
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2 and 3 don't apply IMHO. Otherwise any fool can pull out, stop in the road and cliam it was your fault for hitting them. OK, if they pulled out half a mile away then you would hope other traffic would see them and stop, but pulling in front without looking to see if their 'destination' was clear would sound to be their fault.
Has the other driver taken liability?
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Yeah, I agree. If your daughter was driving at an appropriate speed for the road and the conditions, and was able to stop within the distance she could see to be clear as advised by the Highway Code, then I can't see any argument against her. The other driver should have made sure he could clear the carriageway within the amount of time he had.
Trouble is, if there are no witnesses and not much evidence then the insurance companies may just call it 50/50 in order to save the cost and trouble of an investigation.
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Presuming the facts as stated;
2) please do a search for previous notes by me on the subject of knock for knock agreements - you've got the wrong end of the stick. It may well apply in this instance but it will not affect you.
3) depends; if he did it 200 yards in front of your daughter, perhaps. 10 yards in front of your daughter and he has no chance. From what you've said above, no chances.
4) always possible.
Most likely is 1). Depends on your daughter's insurance as to whether she claims from her company or direct from the third party.
Depends on her insurance as to whether or not she has to recover her own uninsured losses (excess, other losses) or her own insurance company will do it for her. If she has to do it, then make sure she does since uninsured loss recover is frequently used to determine as to whether or not it is a "fault" claim.
Depends also on what she's claiming, how much, and how the money will be used. It doesn't sound like you want the vehicle written off, so you may prefer to go direct to the TP insurers and do a deal for a sum of money which will allow you privately to repair the vehicle wihtout it being written off.
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Last year in August I was told by both Kent police and my insurer that regardless of whether the vehicle in front was driven recklessly or not if you hit someone in the back it's always your fault. As in - if you are behind other cars you have to be always aware they might try and do something stupid. In fact, according to anecdote heard from the car mechanic painting bonnet of the Xantia I had to rebuild, if you got tired of the car you drive, you could just dump it in the middle of the road, with rear sticking out and first unfortunate driver to write off your vehicle would loose his NCB while you would get at best a ticket for bad parking...
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Overly simplistic, I'm afraid. Especially since the car in this instance was not following the same path as the car that hit it, but rather drove across its path.
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Many Thanks for your various replies.
Neither side has admitted liability, both vehicles insured fully comp, with full NCB.
I have to speak to driver tomorrow, will try to negotiate him paying my basic repair costs to keep my vehicle on the road.
From your opinions, it sounds as if the weight of opinion is in favour of my daughter!
I will let you know what happens
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Quite Clear
'Car crosses from right to left immediately in front'
This person turn across the path of an oncoming vehicle your in the clear. !! Case the insurance company
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Further, Take photos of damage to both cars if you can and presenet with statement and sketch to your insurer. Regards Peter
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By the way, before you speak to the other person and try to get them to settle, I suggest you go back to the scene with a tape measure and try to quantify your statement of;
"immediately in front of her"
Since that's pretty much what it hinges on. Check the speed limit while you're there as well.
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I wonder what the stance would be if a tailgating car ran into you because you stamped on the brakes to "teach him a lesson"?
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Tailgaters fault I believe. I wonder how many people in duff cars have done this just in order to get the insurance value of a write off - or out of sheer frustration!
I bet we have all been tempted to do this at some point!
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tailgaters primary fault but potential for contributory negligence reducing the claim.
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Comments on tailgating dont apply as other vehicle crossed at 90 degrees to trafic flow!
My insurers are taking the view that this is a "No Fault" accident as the other car cut across the carriageway in front of my daughter from a minor road/field gate, into the farm entrance opposite.
Other party has still not admitted liability!
Authorised repairer wants c.£900 for repairs, and considers car "Beyond economic repair". I dont want to scrap the car and can get work done privately for half that amount.
Assuming that I am successful at making full recovery from third party (still not confirmed as they deny liability) can I insist that they pay full cost of my repairs, rather than accept a "write-off" value that may be only £2-300?
Both vehicles insured Fully Comp, mine with V. high excess due to daughters age, is this significant?
Many thanks for any replies
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