Adivce on accident please

[ninjadave]

Hi,

My gf was hit on the M4 less than two weeks ago, nearing J15 Eastbound, in the morning. The accident was caused by a lorry pulling over, apparently without looking, into the middle lane. The car in the middle lane breaked, but was forced into lane 3, and hit my gf's car. Luckily everybody is ok, and nobody else was involved.

The lorry drove off without stopping, a few people stopped and the police and ambulances were called.

Things seemed to be getting back on track, when my gf got a call from her insurer earlier today. They have said that the other party is cliaming she drove into the side of him.
Whilst this is physically possible, it seems highly unlikely given the situation and circumstances.

However, no notes seem to have been taken by the police, and my gf is now trying to find out if any of the people that stopped as witnesses detail's have been taken. It is not looking like they have been.

It is now looking like it will be a your story against mine battle, and I don't really want to go down that route unless we have to.

So, what can she do? Leagally, where does she stand?

Does anybody know of any camera's watching that part of the M4, and if so, who needs to be contacted to see if the accident was captured, and is still availble?

If my gf claims for compensation (something else I really really want to avoid) would it make her case stronger?

Thanks in advance,

Dave

[silverback mike]

Hello Dave,
If the police turned up then notes would have been made, especially if a motorway collision. An accident report book would have been completed. Especially if a driver failed to stop.

The insurance companies deal with these things repeatedly, and will look at the evidence, hopefully making it completely obvious what happened.

The cctv, well...some areas are covered, I don't think it is recorded, it isn't on my patch.

Might be worth getting in touch with the police control room, they will have a log if a unit turnedup, and something relevant would be on there.

Hope gf is ok.
Mike.

[funkihamsta]

Is there any point in contesting? Insurers will agree amongst themselves to settle for knock for knock, that way you will both lose your no claims and the insurance companies win twice over without having to spend money on any legal wrangle.

In fact even if you manage the hurculean task of proving the truth, your premium will still go up as statistically you are more likely to have another accident, even if this one wasn't your fault.

Sorry, l left my positivity hat at work.

[streaky]

funkihamsta said:

Is there any point in contesting? Insurers will agree amongst themselves to settle for knock for knock, that way you will both lose your no claims and the insurance companies win twice over without having to spend money on any legal wrangle.

Not if there is injury involved. Many injuries can take a few days to work themselves to the victims consciousness - Streaky

[ninjadave]

Hi,

Thanks for advice. She is going to try and speak to the control room today, to ask after the cctv.

The officer in charge of the case was not one of the attending officers, which lead to a lot of the confusion. Once she found out the attending officers' names it all became a lot easier, and she now has the witnesses details. Also the other driver stated he had to take 'avoidance action' when he spoke to one of the officers, so he's on record saying he had to swerve.

Looks like she won't have to fight so hard on proving it wasn't her now. This also means we don't have to worry about getting all legal.

The biggest pain was that Tesco (insurance comp) just plain don't care. As you said Mike, they should have dealt with it, but they asked Lu to chase it all up. She found out later that Tesco would have had to pay to get the info, and that's why we think they didn't bother. All in all, I'm glad I'm not giving Tesco any more money when I renew this year.

Luckily she's fine, just a bit nervous of overtaking, or going on the motorways, but at least she still will drive on them.

Thanks again,

Dave

[BliarOut]

I know it's not much consolation, but there's a speed camera on that stretch now to tax motorists, whoops I mean prevent just such accidents

[kevinday]

Was your gf in lane 3 before the collision? If so stress this point to the insurer and instruct them NOT to accept knock-fo-knock. The other car's driver is at fault for pulling out into lane 3 without checking it was clear (whatever the cause).

[ninjadave]

kevinday said:

Was your gf in lane 3 before the collision? If so stress this point to the insurer and instruct them NOT to accept knock-fo-knock. The other car's driver is at fault for pulling out into lane 3 without checking it was clear (whatever the cause).

Yes she was, and I'd not thought of it that way before. I'll get onto it, thanks!