Involved in RTA, insurance claiming 50:50 but not my fault!

Involved in RTA, insurance claiming 50:50 but not my fault!

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SirSquidalot

Original Poster:

4,042 posts

166 months

Monday 12th September 2016
quotequote all
Hi Guys,

In June this year i was involved in a large accident on the M6 Thelwall Viaduct. A lorry cut into lane 1 where i was, hit my rear bumper which caused me to spin towards the Lorry then i was pushed for some distance. Police attended and checked us over then left us with the highways agency. The driver at the time admitted it was his fault and that was that.

I have images of the vehicles and the damage they recieved, but no witnesses stopped. It must have been reported to the police however as they were on the scene in under 5 minutes.

A letter has arrived from the insurance company this morning stating this is 50:50 and they beleive this to be the best way to resolve this. I am very against this as the accident was clearly not my fault but am unsure what to do?

As the police literally turned up, checked licences then went on their way i didnt get an incident number. I'm also not sure if i can persue the highways agency for a statement or to see if any footage was caught on ganty cameras.

My gut instinct is to fight this, being only 22 i dont want to loose ncb and have a fault accident on my record.

Any help apprceiated.

Alex

Edited by SirSquidalot on Monday 12th September 09:24

SirSquidalot

Original Poster:

4,042 posts

166 months

Monday 12th September 2016
quotequote all
hornetrider said:
Which insurance company is the letter from? Your or theirs?
Its from my insurance company.

SirSquidalot

Original Poster:

4,042 posts

166 months

Monday 12th September 2016
quotequote all
SamR380 said:
How did you come to be in lane one with a lorry alongside in lane two?
I had literally just joined the motorway and was in lane 1, lorry was already on the motorway in lane 2. He then wanted to undercut the car in his lane, moved into mine and caused the accident.

SirSquidalot

Original Poster:

4,042 posts

166 months

Monday 12th September 2016
quotequote all
My feeling is to fight it, the damage to my car is quite conclusive in what happened. I have found a couple of traffic cameras that cover the stretch of road. Can i persue this as to obtain proof?

SirSquidalot

Original Poster:

4,042 posts

166 months

Monday 12th September 2016
quotequote all
Psycho Warren said:
A perfect example of why in this day and age, a decent dash cam is a good investment.
I do have one but hadnt fitted it at the time, kicking myself now!

SirSquidalot

Original Poster:

4,042 posts

166 months

Wednesday 14th September 2016
quotequote all
Having spoken with the insurers yesterday they have asked for a written statement/my version of events. I have written this up including some simple diagrams of road positioning etc. They were also interested in the photos I had taken; I have sent these over for their investigations team to look into. From the images I’d say it’s very clear cut what happened.

SirSquidalot

Original Poster:

4,042 posts

166 months

Thursday 15th September 2016
quotequote all
Here's a few images of the damage:









Let me know what you guys think, from looking at the front of the HGV i'd say its pretty clear.

SirSquidalot

Original Poster:

4,042 posts

166 months

Saturday 17th September 2016
quotequote all
Just clear up, my explanation may not have been the best. I had joined the m6 at 21a and the Lorry had hit me on the Thelwall viaduct. So had been on the motorway for a few minutes, traffic was heavy so I was continuing in lane 1, Lorry was in lane 2 at a higher speed than the car in front of him and was joining into lane 1 as we where moving a few mph faster than the vehicle in the middle lane. I suppose ultimately it was the middle lane hogs fault...

SirSquidalot

Original Poster:

4,042 posts

166 months

Wednesday 17th May 2017
quotequote all
Well huge bump to the thread!

After fighting this and fighting this I am pleased to say I have won the case!

After my solicitor had obtained the Police report from the incident it was indeed confirmed the HGV driver admitted 100% liability on the scene to the officer attending.
So glad all this is over, my advice to people out there. It’s a lot of bloody hassle but worth it in the end!