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Digby
Original Poster
3,144 posts
115 months
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Despite the driver of the van who hit my car being 100% at fault, is it usual practice to receive a letter from his insurers suggesting their investigations have indicated that I am at fault? Just curious if that is standard practice or is it a case of them not going down without a fight?
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SV8Predator
765 posts
34 months
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It's you that says he's 100% at fault,
but he says that you are at fault!
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Greengecko
375 posts
16 months
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Sometimes can be common practice, but also may mean they are blaming you (the third party).
Quick call to your insurers will clear up the situation.
Regards
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Digby
Original Poster
3,144 posts
115 months
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So it is common practice?
I have images (admitedly from after we moved the vehicles!) which show the angle he turned to hit me due to the radiator/water trails left as we seperated the vehicles.They also show I was on my side of the road at the impact point.The damage to my car also shows the angle at which he hit me (he turned right in front of me to enter a side road and obviously didn't see me passing that road going the opp way).They show the tracks through the water/coolant one of our forklifts left to drag his dead van out of the road (these are also on my side of the road) and we know 100% he was turning in to the road I was passing, as the people he was delivering to came out to unload their goods from his smashed up van!
I'm also wondering at which point someone will ask for these pictures.I'm no crash scene investigator, but it can't be any more obvious.
EDIT
Thanks gecko.
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oobster
4,558 posts
80 months
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Does the letter go into any more detail as to why they think you are at fault? Do they suggest you were speeding (for instance)?
Did the driver admit fault at the scene, were the police in attendance and if so what was their opinion?
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Digby
Original Poster
3,144 posts
115 months
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No detail at all.Just says they have investigated, I am to blame and that I should confirm I was responsible.No police attended.He also didn't admit to anything (bar not having his belt on) but then our company policy is also to admit to nothing if we have an accident in our company vehicles (I was in my own car by the way)
I left work, got around 800 yards along the dead straight and dead end road I work in (on my way to the T junction at the end), saw the van coming in the distance, got half way across the entrance to another smaller dead end road on my left and the van which I assumed was just like any other passing vehicle on any other type of road, flung himself into the entrance to that road.I didn't have to time to do anything and had what can only be described as a slightly angled head on with him.
I'm just curious exactly what these investigations were, as it can't be any more obvious what happened.
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oobster
4,558 posts
80 months
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IANAL but sounds like they are trying it on in the hope you will 'roll-over' and admit liability. Would pass the letter onto your insurance co with a short note explaining that in your opinion the other driver was 100% at fault.
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LoonR1
12,477 posts
46 months
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Just send it to your insurers.
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Digby
Original Poster
3,144 posts
115 months
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I'm actually wondering if his version of events are that I was turning out of the road he was turning in to! After all, he didn't see me coming straight towards him on the road we were on.I'm guessing he was looking to his right into the road he was about to turn in to and may genuinely believe I was coming out of it.It is partly obscured by a tree and we never talked to each other about where we were going etc.
As you say then, best let the insurance peeps sort it.
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Deva Link
26,916 posts
114 months
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Digby said: ... he was turning in to the road I was passing, That's a bit of an odd description. Why not "he turned across my path"? Digby said: It is partly obscured by a tree.. So perhaps he's saying you were too fast and should have been able to avoid a collission. Care to post a Google earth link to the scene?
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Digby
Original Poster
3,144 posts
115 months
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My wording may not be very good (makes sense in my head), but I was just leaving work and going straight ahead to the end of the road you see below (I'm the orange arrow, van is greeny yellow arrow).It looks like a truck in the distance in that shot and that is where I was heading and where the van came from.I saw the van coming the other way and as we were about to pass each other at the entrance to the road on the left, he turned in.I am wondering if he thinks I was actually emerging from this road! These are old images now.The building on the right has now gone and there is no building work going on in the road at all. https://maps.google.co.uk/maps?q=acorn+insulation&...
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Deva Link
26,916 posts
114 months
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Digby said: I am wondering if he thinks I was actually emerging from this road! The impact points on the vehicles would be completely different if that was the case. How fast were you going? It's a bit odd that he just turned across you - were you going quite slowly and perhps he just assumed you would let him across.
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LoonR1
12,477 posts
46 months
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Speed's irrelevant for a claim like this. No objective measurement, no police investigation and only the views of laymen.
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Digby
Original Poster
3,144 posts
115 months
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Deva Link said: Digby said: I am wondering if he thinks I was actually emerging from this road! The impact points on the vehicles would be completely different if that was the case. How fast were you going? It's a bit odd that he just turned across you - were you going quite slowly and perhps he just assumed you would let him across. Yes, the impact points would be different.This is why I am wondering how they can say they have investigated the incident, or whether this was just a standard response (hence the post).I am left wondering if they are looking at images taken by the van driver after we moved the vehicles and are basing it on what may be his incorrect description.The right wing of my car has been pushed back over the wheel and the entire engine bay area has been shunted at the exact angle he hit me. If you spin the google maps image round, I had just pulled away from the Acorn Insulation unit.My absolute max would have been 20 to 25 mph.My snaps after the accident show debris and fluid approx half way across the entrance to the road on the left.This was the impact point.I had no time to react at all and I am pretty sure he didn't indicate, as none of my usual 'spider senses' were tingling. Our warehouse staff regularly see these van drivers whizzing about at a fair old pace. Deva Link said: It's a bit odd that he just turned across you - were you going quite slowly and perhps he just assumed you would let him across. Low black car, vs a high top multidrop van, on a Friday afternoon would be my guess.It happened to me several times in the Westfield and on my bike.
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TwigtheWonderkid
6,046 posts
19 months
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It's common practice for an insurer to believe their client's version of events. Why wouldn't they, to start with? It is not common practice, if their client was at fault and admits as much, to try and get out of it by fighting. In fact, they try and settle quickly to keep the t.p. claim to a minimum.
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TheTurbonator
1,692 posts
20 months
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LoonR1 said: Speed's irrelevant for a claim like this. No objective measurement, no police investigation and only the views of laymen. This. I had an accident when someone went across my path, when turning right at a set of lights. He later tried to make out it was my fault (even though he admitted liability at the scene), by saying I was speeding and I came out of no where, despite the fact that it's a long staright road with no obstructions. I was furious when I heard but my insurer just turned round and said it has no relevance whatsoever in a case like this.
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k99
243 posts
37 months
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You should have taken photographs BEFORE moving your car. Years ago someone hit me as I was turning right off a main road. Only minor accident but I made everyone wait whilst I took photos of the accident from lots of angles. His insurance company tried to blame me till I sent them the photos ;-)
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Deva Link
26,916 posts
114 months
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Digby said: Low black car, vs a high top multidrop van, on a Friday afternoon would be my guess.It happened to me several times in the Westfield and on my bike. Sounds feasible - the guy's glanced into the distance but not right next to him. Happened to a mate of mine riding across a T junction - approaching driver admitted looking right and then pulling out as he looked left, never looking straight in front. The speed question I asked was more about how slow you were going, not fast - I was wondering whether the van driver might have just assumed he could barge across and you'd let him.
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Digby
Original Poster
3,144 posts
115 months
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Deva Link said: The speed question I asked was more about how slow you were going, not fast - I was wondering whether the van driver might have just assumed he could barge across and you'd let him. No, not a chance, we were almost level when he turned.As I say, I was half way across the junction and he simply entered the same space I was occupying.His van was close and clearly in my vision just off to my right and I was waiting for the expected wind turbulence as he passed by (when I say turbulence, I simply mean the wind rush due to me having the roof off).A fraction of a second later, he turned and I just slammed into him.He didn't see me plain and simple. I should have taken pics before we moved, but in my headless chicken type state, I completely forgot I had a phone camera, plus other vehicles had entered the road and needed to pass.Having not had a prang like this since I was 17 (I'm 42 now), I just got to the side of the road and only realised some snaps may be a good idea when I decided to call home and picked my phone up in a much calmer state.
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davepoth
19,903 posts
68 months
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So where was the impact? Side of yours to front of his, or front of yours to side of his?
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