Advice Car accident advice

[Dudley52]

This morning on the way to work I had a collision. It was on a country lane on a tight left bend. No one was hurt just some paintwork damage on the bumper and a small dent to my front driverside wing.

The other driver was on my side of the road with a much larger car than mine and I couldn't avoid it. However he was claiming I was going too fast and had a witness (car directly behind him) backing him up on this, whether he knew that person or not I'm unsure of. I'm gonna stand my ground because I believe I was at an appropriate speed for the corner.

He called the police because I didn't admit it was my fault, to which they said just exchange insurance details.

I've been driving 4 1/2 years with no claims made until now. I phoned my insurance company and gave them all the details of the incident.

I'm worried now that the claim will be made against me since he has a witness, which will cause my insurance to skyrocket. I will not be making a claim to repair my car, it won't be a massively expensive repair. If I pay for it myself will this leave the insurance premium unaffected?

I'm also a named driver on my parents insurance, will this affect hers too?


Thanks

 

[Wazzerphuk]

If you weren't judged to be speeding it'll be his fault for being on your side of the road.

 

[Deebs]

If you weren't judged to be speeding it'll be his fault for being on your side of the road.

Exactly. If you can prove you were following the speed limit and he encroached onto your side of the road the law will find him at fault. Unfortunately, even if you settle out of pocket, you still need to declare the accident to your insurers and that can have an effect on your premiums.

 

[ECA]

I'm also a named driver on my parents insurance, will this affect hers too?


Thanks

Sounds like a dickbag trying to pressure you into admitting guilt at the scene, knowing you're a younger driver and he can blame you via stereotype.

Deny speeding, he was on your side of the road, end of his fault.

 

[Deebs]

Sounds like a dickbag trying to pressure you into admitting guilt at the scene, knowing you're a younger driver and he can blame you via stereotype.

Deny speeding, he was on your side of the road, end of his fault.

Actually you cannot say that. If Dudley52 was speeding then it becomes complicated.

 

[Tom]

Call me cynical but I reckon the insurance will go 50:50 for an easy life.

 

[Moriath]

the insurance will make up their minds on 50:50 like tom said i think cause theres no way anyone can say you were too fast or he was over the wrong side except you and him and the guy behind wont count much he didnt have a speed gun either ...

i had that with insurance when imo it was all the other dudes fault but got 50:50 cause theres nothing to back either side conclusively

 

[ECA]

Anddddddddddddddddd this is why I run my gopro 24/7 in the car now

 

[Punishment]

Country lane with no roadmarkings normally means 50:50 Fix your own type situation

 

[Edmond]

You never admit responsibillty at the scene of an accident, you just get insurance details and walk away

 

[Raven]

Anddddddddddddddddd this is why I run my gopro 24/7 in the car now

I can't find the thread about these.

Is there one available on the market that starts when you start the car up? I know if I was to buy one I would just forget to turn it on.

 

[Embattle]

Your insurance will go up no matter what the outcome.

 

[Wij]

Call me cynical but I reckon the insurance will go 50:50 for an easy life.

This. They won't be arsed to argue.

 

[Dudley52]

Insurance company called the policy holder this morning. They said they're pretty sure its going to be 50:50 since its a country lane. Also it won't affect the premium if I decide not to make a claim. I also won't lose any no claims bonus even though its not no claims protected. Sounds weird but I'm not complaining

Thanks for the help guys

 

[Gwadien]

Kick him in the face for being a twat

 

[Edmond]

....and then call him a cunt

 

[Punishment]

Then walk off and walk back with your head down and politely ask him could he lend you some change to make a phonecall

 

[Chilly]

stop speeding?

 

[old.user4556]

Bored Chilly?

 

[MYstIC G]

You never admit responsibillty at the scene of an accident, you just get insurance details and walk away

If you're smart you also get them to get out their driving licence to prove the address and identity details aren't bullshit.

 

[pikeh]

In claims, speed is not such a liability issue. If he was on your side of the road, and the independent witness statement confirms that, he is at fault. Theres no way that the other parties can say exactly how fast you were going.

 

[pikeh]

If your insurance co. pays out money on a claim that they can't recover back (minus admin/investigation fees etc) then it will affect your NCB/premium. The best you can do is what you have done already, its not in your hands to say whether this guy will try to claim against your policy. It's probably just waiting to see what the independent witness says, hopefully, they confirm he was on your side of the road, like you said he was.

If your not claiming, and the other guy dosen't claim, or liability was found 100% in your favour, your claim shouldn't have any money paid out. If its split liab and your insurance co do pay for say, 50% of his claim, then it will still affect your insurance, but the cost of the claim will be reduced, if you see what I mean.

Basically, just wait and see if he claims and what the witness statement says.

Previous case law has found raised the argument of speed on country lanes etc, but like I said, its very hard to prove.

 

[pikeh]

Oh btw, if you pay to get your car repaired, keep hold of all of your receipts. If Liability is found in your favour, you can claim directly through his Insurance Policy, without it affecting yours.

 

[pikeh]

And yeah, Insurance companys are shits so you will have increased premium anyway.

 

[Edmond]

.....and breath pikeh

 

[Dudley52]

thanks for the info pikeh.

Problem is, the witness will be all for him backing him up claiming it was all my fault. She was very friendly with him, me just getting the evils because I'm the young idiot driver and hes a much more mature, experienced driver.

 

[pikeh]

Witness statements should come with a diagram. Say if she puts 'other guy on wrong side of road but Dudley was going too fast' it will be the other guys fault.
Like I said, if her only argument is speed, that is very hard to prove. Engineers will be able to determine the speed of the impact anyway. If its a decent Insurance co, they will dispute liability as they are effectively saving themself money if they don't have to pay out.

Are you sure the witness didn't know this other guy? If she did, its not really a valid witness statement, as it isn't independent.
Believe me, Mature 'Experienced' drivers do just as much stupid shit that younger drivers.


/edit, cheers Edmond xD had a post-clusterfuck obv

 

[Dudley52]

Witness statements should come with a diagram. Say if she puts 'other guy on wrong side of road but Dudley was going too fast' it will be the other guys fault.
Like I said, if her only argument is speed, that is very hard to prove. Engineers will be able to determine the speed of the impact anyway. If its a decent Insurance co, they will dispute liability as they are effectively saving themself money if they don't have to pay out.

Are you sure the witness didn't know this other guy? If she did, its not really a valid witness statement, as it isn't independent.
Believe me, Mature 'Experienced' drivers do just as much stupid shit that younger drivers.

I have no idea about the witness. All I got from both of them was "you were going too fast" .

Insurance company is the co-operative.

Since this is my first accident, I have no idea about the processes of what happens next. Is it ever worth getting a private lawyer involved for extra help? Or just leave the insurance company to it? I don't wanna be blamed for something thats not my fault. I'll be willing to pay out so justice is served!

 

[pikeh]

When you say she was friendly, as in 'alreet me ol' mucker, ow's about an apple and pears?' or something or just, 'lets gang up on him because I'm on the school run in my V8 range rover sport and little Felix can't be kept waiting, young men really should know better!'. If its the former (Im fully aware no-one has ever said that, btw) then tell your insurance co. They should have already made contact with his insurance co, or will do on Monday, get them to find out if liability is going to be an issue. It might mean you have to fill out a diagram and description form, so they can weigh that up against what he is saying. I can't really comment for sure at this stage because all co's are different and what my company might argue, yours might just think 'fuck it' and deal with his claim. If you are adamant that he was on the wrong side of the road though, they won't do this, because they need an admission of liability from you, or at least an acceptance of the proportion of liability that will be assigned to you. Sorry if that dosent make sense.

Its right to say you shouldn't admit liability at the scene, but companies don't really pay any attention to what is said at the scene at all, as shock can be the cause of what is said.

 

[Dudley52]

When you say she was friendly, as in 'alreet me ol' mucker, ow's about an apple and pears?' or something or just, 'lets gang up on him because I'm on the school run in my V8 range rover sport and little Felix can't be kept waiting, young men really should know better!'. If its the former (Im fully aware no-one has ever said that, btw) then tell your insurance co. They should have already made contact with his insurance co, or will do on Monday, get them to find out if liability is going to be an issue. It might mean you have to fill out a diagram and description form, so they can weigh that up against what he is saying. I can't really comment for sure at this stage because all co's are different and what my company might argue, yours might just think 'fuck it' and deal with his claim. If you are adamant that he was on the wrong side of the road though, they won't do this, because they need an admission of liability from you, or at least an acceptance of the proportion of liability that will be assigned to you. Sorry if that dosent make sense.

Its right to say you shouldn't admit liability at the scene, but companies don't really pay any attention to what is said at the scene at all, as shock can be the cause of what is said.

Sorry, i edited the post too

i got some quotes just to check what my insurance would be like after the claim, looks like its gonna double pretty much. An extra £500-600, so would extra legal help be worth it at all?