Accident liability (Comedy 'paint' image included) Opinions?

[mrtwisty]

I was involved in an accident at the weekend. I believe I could have done nothing to avoid it, and that my actions did not contribute to causing it in any way.

On the diagram (put together by my five year old niece, not me.... honest....) the squiggly black line is a line of parked cars, the green blob is my car, the red blob is the other car involved.

As I came to the line of parked cars, I slowed to about 20mph. At around the second arrow (yes, that is what they're meant to be) I realised that the car coming the other way hadn't seen me/driver wasn't looking. At this point I hoofed my brakes. Unfortunately the woman in the other car didn't, just kept coming straight at me.

At the point of impact I was still moving, but at literally one or two mph. The other car barely seemed to brake at all. I was on the correct side of the road, with right of way. I had already got alongside the first parked car when the other car began positioning to come at me, so I had nowhere to go to avoid it.

Here comes the corker - the first thing she said when she got out of her car was 'sorry, I couldn't find the brake pedal'. Miraculously this comment was overheard by a witness that came out of one of the houses. Even better, the witness has spoken with my insurance company to verify this.

Seems pretty open and shut? That's what I thought... I've just got off the phone with my insurance company (Large Gray Mammal) and they have suggested that it be settled as a 50/50 liability claim. They suggest that in their previous experience of similar incidents, their honest (COUGH, SPLUTTER) opinion is that my best option is to settle 50/50.

So.... agree with the mammal, fix the car myself (minor damage, 150 quid in parts)and swallow years of higher premiums and forget about it. OR.... Listen to the voice (of reason?) in my head and say 'No, bks to it. I wasn't at fault, why the hell should I have to assume the position and take a massive grey cock up my arse because of a fking slack-jawed mouth breathing cow who wasn't looking where she was going?'Of course the second option leads to uncertainty...

Over to you. All comments regarding my artistic ability gratefully received ;-)

[The Moose]

Surely that's yellow



Cheers

The Moose

[The Moose]

In all seriousness, speak with mike chandler of Europa consultants.

They used one of my 'nieces' paint drawings also

Cheers

The Moose

[mrtwisty]

Cheers Moose. I've heard that company name mentioned on here before, by redalfa I believe. I did have a look at the site but thought it might be just for cases where a non-fault liability had already been decided. Think I need to have another look!

Any more for any more chaps?

[Jayho]

Bet your insurance company also asked you if you had suffered from whiplash ect, and trying to get you to claim everything under the sun! :|

[Cotty]

When your renewal comes through and they ask you if you have had an accident in the last year (5 years etc) do they ask whos fault it was?

NO

[The Moose]

mrtwisty said:

Cheers Moose. I've heard that company name mentioned on here before, by redalfa I believe. I did have a look at the site but thought it might be just for cases where a non-fault liability had already been decided. Think I need to have another look!

Any more for any more chaps?

Mine was a round-a-bout with the other party at fault (but the likely hood was it would go 50:50). Mike got it to 100% their fault (as it actually was). They don't charge for advice (well, they didn't!) so pick the 'phone up and spend 15 mins chatting it over.

Cheers

The Moose

[mrtwisty]

Jayho said:

Bet your insurance company also asked you if you had suffered from whiplash ect, and trying to get you to claim everything under the sun! :|

They didn't try to get me to go that way. When I asked them about contesting the decision though they started with the 'If she claims injury at a later date it will end up costing thousands, and your premiums will go up to reflect it'. Sounded like scare tactics to me, to get me to agree with their assessment.

[The Moose]

Cotty said:

When your renewal comes through and they ask you if you have had an accident in the last year (5 years etc) do they ask whos fault it was?

NO

YES!

They certainly do! Every time I've ever been asked for my accident history I've had to say if it was fault/non fault/single vehicle/etc etc etc

Cheers

The Moose

[mrtwisty]

The Moose said:

Mine was a round-a-bout with the other party at fault (but the likely hood was it would go 50:50). Mike got it to 100% their fault (as it actually was). They don't charge for advice (well, they didn't!) so pick the 'phone up and spend 15 mins chatting it over.

Cheers

The Moose

Hmmm, very interesting. He doesn't charge you say? How does the man feed himself?

[Jayho]

mrtwisty said:

They didn't try to get me to go that way. When I asked them about contesting the decision though they started with the 'If she claims injury at a later date it will end up costing thousands, and your premiums will go up to reflect it'. Sounded like scare tactics to me, to get me to agree with their assessment.

This is absolutely rediculous! TBH, you pay your insurance premiums year after year, and you are a customer. What they should be doing is everything they can to accomedate your needs. Something else wrong with the insurance industry in the UK.

[The Moose]

mrtwisty said:

The Moose said:

Mine was a round-a-bout with the other party at fault (but the likely hood was it would go 50:50). Mike got it to 100% their fault (as it actually was). They don't charge for advice (well, they didn't!) so pick the 'phone up and spend 15 mins chatting it over.

Cheers

The Moose

Hmmm, very interesting. He doesn't charge you say? How does the man feed himself?

Call him. Place a bit of trust in Internet Moose

What's the worst that could happen??

Cheers

The Moose

[mrtwisty]

Any other thoughts gentlemen?

[aka_kerrly]

Is it just the cynic in me that thinks that in cases like this insurance companies want to go 50/50 screw each other over for obscene expenses and shaft two motorists for the next few years then try to justify higher premiums to everyone else?

[NiceCupOfTea]

Don't fold!

[Blakewater]

I know a lot of people get all hot under the collar when I say it but this is why I use accident management companies.

[Sideways Tim]

Another vote for Europa here. Some tit ran into my wife while being towed by his father. They admitted liability to begin, then changed their minds, but Europa dealt with it all with minumum fuss and a happy outcome (no excess, or any cost for us at all).

[mrtwisty]

Blakewater said:

I know a lot of people get all hot under the collar when I say it but this is why I use accident management companies.

Can you recommend one? I'm calling Europa Consultants tomorrow at the suggestion of The Moose. Always worth trying a couple eh?

[legturbo]

whilst you might win at it being non fault, you will still have to pay higher premiums for the privilege..

[Cotty]

The Moose said:

Cheers

The Moose

Thanks, another thread I have to delete from "my stuff" because of your stupid signature.