Hello Everyone.
A friend of the family had a car accident on wednesday.
He and his wife had minor injuries.
She had bruising fron the seatbelt and he has trauma to the eyes from the airbag.
Someone pulled out in front of them from a minor road onto a main road without looking correctly.
Who will be liable for insurance and paying for the damage.
All help appreciated.
--
(iam not a mechanic)
Martin Winters
|
Someone pulled out in front of them from a minor road onto a main road without looking correctly. Who will be liable for insurance and paying for the damage.
Providing your friend had right of way (ie the give way markings were against the car driver entering the main road from the minor road) then the other party is liable.
|
|
|
Martin,
Your friends need a lawyer. I wouldn't personally recommend one of these no win / no fee people, I'd rather go for someone with a bit more force and experience.
However, they do need their own expert.
Simplistically it would appear to be entirely the other person's fault - but other factors can interfere - speed, erroneous or misleading indicating, etc. etc.
|
|
Get them to check their insurance - they may have legal protection. This type of work is fielded out to specialist Lawyers - who know their stuff. (AA/RAC cover may offer the same thing)
|
Hello.
Thanks for the responces.
They have fully comp insurance from the CIS.
The Road was marked.
It was in the daytime.
Our friends were travelling at a steady 55-60mph
They pulled out at the last minute even though the saw them comeing.
The road has no obstructions its clear even from the road that the car came out from.
Thanks again for the answers.
--
(iam not a mechanic)
Martin Winters
|
should read They not the.
the sentence reffering to they pulled out reffers to the third party.
--
(iam not a mechanic)
Martin Winters
|
I was in a similar situation a while ago, although it was on the M5 with a car about to pull out of a tiny slip road (tiny = 10 feet). There was busy, faster, traffic to my right and I had no intention of moving over, which I couldn't have done easily. I looked at the driver about to pull out and thought, "You wouldn't dare."
He did, and fortunately, I leapt on the brakes as I soon as I saw him turn his head in the other direction. If I hadn't, I'd have hit him side on. It's the only time I've ever triggered the ABS on a motorway, as I'm usually damned careful.
I think the majority of road rage originates from fear, because it frightened the life out of me and he got the full works... you know, horn, full beam, various hand gestures.
|
|
|
|
Mark, I would take issue with the 'I wouldn't personally recommend one of these no win/no fee people'. I'm not one of them myself or anything, but it is highly unusual for a personal injury claim (this is what this is) to be funded other than by a Conditional Fee Agreement - under which the Claimant's lawyer is only paid if he is successful in recovering damages.
The alternative - where you don't keep 100% of your compensation and fees are payable regardless - is worse.
I would agree that you should deal with a local specialist solicitor, with experience and qualifications, rather than a claims farm of the type that advertises in the red tops and on daytime TV. However, even the good solicitors will generally offer a no win, no fee agreement and anyone who doesn't is unlikely to be particularly ethical or customer focused.
|
|
Surely, in the circumstances you describe the police were called and somebody, presumably the driver who pulled out, will be charged? This will establish liability and make things easier for you, I hope.
|
You'll almost certainly find police very reluctant to charge. Man knocked me off my bike last year and despite a sworn witness statement from a HGV driver coming the other way, police took no action. The statement even described how the person that hit me ignored my signal and tried to drive off afterwards.
Very disillusioned with police.
|
Martin
If the cover is fully comp then their own insurers will handle the repair/loss value etc but there will be an excess. This should be claimed back from the third party together with any losses and claims for injuries.
If they have Uninsured loss recovery cover with their policy then the excess, other losses and injury claims will be dealt with by this. Before they do anything else they should check availability of this.
Just to give the benefit of my experience. When I contacted my Uninsured Loss Recovery agent after an accident and advised them I had received an injury, they immediately passed my case onto a specialist solicitor. Your friends should make sure this happens.
Had I not been injured it would have been dealt with by a standard loss adjuster type person. IMO whilst there are some good ones out there, there a many who are just too lazy or under resourced to puruse a case for their client. A relative was rear ended and one such idiot suggested she settle 50/50.
She refused and managed to recover her excess and NCD some 12 months after the accident!
|
|
|
|
|
:no_upscale():format(webp)/https://cdn.uk.prod.group-mobility-trader.com/images/cas/417f069f7381bca13fea39212b58a66e/0b327e98857ca8d9beb20ee63a6e3069.jpg)
£32,850was £33,195Details:no_upscale():format(webp)/https://cdn.uk.prod.group-mobility-trader.com/images/cas/88fff874e60453a634c1d83b377eaefc/f7a2ed41f9a8ab2d0a983a64175cc4bc.jpg)
£21,455was £21,657Details:no_upscale():format(webp)/https://cdn.uk.prod.group-mobility-trader.com/images/cas/16a70128e48c62f0724ea0db16798c0a/01c1a156c380030d5729f8f0aa067590.jpg)
£17,652was £18,693Details![2023 Land Rover Discovery Sport 1.5 P300e Dynamic HSE 5dr Auto [5 Seat]](https://img.common.prod.group-mobility-trader.com/unsafe/trim/90x60/smart/filters:quality(70):no_upscale():format(webp)/https://cdn.uk.prod.group-mobility-trader.com/images/cas/3d1f795c39bd3390aec1d10646a9eb22/411e8f8a13e972cefe682ea81aa728ca.jpg)
£37,650was £38,150Details
