Help: Girlfriend involved in insurance dispute
Discussion
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Back in August, my girlfriend was involved in a collision with another driver on a roundabout.
To make a long story short, my girlfriend was going right at the roundabout, eventually ending up in the middle lane of the roundabout to exit onto the right-hand lane of a slip road. Meanwhile, the driver who collided with her was, I believe, had came from the first exit after my girlfriend had entered the roundabout, and attempted to go right in the left hand lane. The other driver was basically along side my girlfriend (to her left), when she cut in front of my girlfriend, who was by now making the exit onto the slip road (I can do a quick and dirty picture if it helps - but hopefully this has been descriptive enough).
My girlfriend is unfortunately quite timid, and was apparently bullied by the other driver into trying to admit liability at the roadside, but I don't know exactly what went on as I wasn't there; suffice to say, she would not have had the opportunity to try anything like that had I been there, but this is beside the point.
My girlfriends car sustained a dented passenger side wing, whereas the other car must surely have sustained similar damage, but on the drivers side. There were no independent witnesses with either party.
When it came to making the claim, I persuaded my girlfriend that it was, quite rightly in my view, not her fault at all. The other party had not given way on the roundabout to her, and was also in the wrong lane when she attempted to go around the roundabout. To me personally, without being there, it sounds like this person pulled off from their exit while my girlfriend was coming parallel, and perhaps even tried to out-accelerate her going around; I've seen many people try and do this in an attempt to "jump the queue" of other cars waiting to go around in the correct lanes. Only, she failed, and ended up being too committed to the manoeuvre and causing the collision.
So my girlfriend made the claim, giving a detailed account of what happened to the insurance company, clearly detailing the position of the cars using drawings, and detailing where the damage occurred on both cars. She also told them she was not injured in the collision.
The other party though, not surprisingly, says it's my girlfriends fault. We get a letter from Winn's solicitors saying that she is injured, and giving her side of the story.
This was several months ago, and in the meantime, her insurance companies seemingly preferred option was to go 50/50 due to the uncertainty of collisions on roundabouts. However, we learn today, that the third party is not giving up with their stance that my girlfriend is to blame.
However, I think my girlfriend has a strong case, and here's why (for the record, we have already pointed this out to her insurance company):-
1. The third party claimed that the accident happened a week after it did. We can prove this, because my girlfriend has a letter from her insurance company with the date of the claim on it, a week earlier than the claimed incident date on the third parties letter from Winn Solicitor.
2. The letter from Winn Solicitor has the version of events as though it was my girlfriend who was in the left hand lane, and collided with the third party in the middle lane - this is exactly the opposite to what happened. If the third parties versions of events were correct, then the damage to both cars would be on the opposite sides. My girlfriend got her car repaired at the approved body shop so presumably they will easily be able to prove which side the damage was done to my girlfriends car... or would we have to do it? Either way, with this proof, to me it's fairly obvious that the third parties version of events is simply impossible to have happened.
So, although my girlfriend was willing to go 50/50 (I wouldn't have been, FWIW), we found out tonight that the third party is still trying to press for victory despite giving blatantly incorrect information. Her insurance company is going to ask why this (50/50) is not going to be accepted... but in the meantime, not being an expert in these matters, I'm wondering what she can do next, because from my point of view, not only was my girlfriend not in the wrong, but the third party is lying through their teeth about what happened, which I think we can prove, and also got the date wrong.
Any thoughts on where to go from here.
Back in August, my girlfriend was involved in a collision with another driver on a roundabout.
To make a long story short, my girlfriend was going right at the roundabout, eventually ending up in the middle lane of the roundabout to exit onto the right-hand lane of a slip road. Meanwhile, the driver who collided with her was, I believe, had came from the first exit after my girlfriend had entered the roundabout, and attempted to go right in the left hand lane. The other driver was basically along side my girlfriend (to her left), when she cut in front of my girlfriend, who was by now making the exit onto the slip road (I can do a quick and dirty picture if it helps - but hopefully this has been descriptive enough).
My girlfriend is unfortunately quite timid, and was apparently bullied by the other driver into trying to admit liability at the roadside, but I don't know exactly what went on as I wasn't there; suffice to say, she would not have had the opportunity to try anything like that had I been there, but this is beside the point.
My girlfriends car sustained a dented passenger side wing, whereas the other car must surely have sustained similar damage, but on the drivers side. There were no independent witnesses with either party.
When it came to making the claim, I persuaded my girlfriend that it was, quite rightly in my view, not her fault at all. The other party had not given way on the roundabout to her, and was also in the wrong lane when she attempted to go around the roundabout. To me personally, without being there, it sounds like this person pulled off from their exit while my girlfriend was coming parallel, and perhaps even tried to out-accelerate her going around; I've seen many people try and do this in an attempt to "jump the queue" of other cars waiting to go around in the correct lanes. Only, she failed, and ended up being too committed to the manoeuvre and causing the collision.
So my girlfriend made the claim, giving a detailed account of what happened to the insurance company, clearly detailing the position of the cars using drawings, and detailing where the damage occurred on both cars. She also told them she was not injured in the collision.
The other party though, not surprisingly, says it's my girlfriends fault. We get a letter from Winn's solicitors saying that she is injured, and giving her side of the story.
This was several months ago, and in the meantime, her insurance companies seemingly preferred option was to go 50/50 due to the uncertainty of collisions on roundabouts. However, we learn today, that the third party is not giving up with their stance that my girlfriend is to blame.
However, I think my girlfriend has a strong case, and here's why (for the record, we have already pointed this out to her insurance company):-
1. The third party claimed that the accident happened a week after it did. We can prove this, because my girlfriend has a letter from her insurance company with the date of the claim on it, a week earlier than the claimed incident date on the third parties letter from Winn Solicitor.
2. The letter from Winn Solicitor has the version of events as though it was my girlfriend who was in the left hand lane, and collided with the third party in the middle lane - this is exactly the opposite to what happened. If the third parties versions of events were correct, then the damage to both cars would be on the opposite sides. My girlfriend got her car repaired at the approved body shop so presumably they will easily be able to prove which side the damage was done to my girlfriends car... or would we have to do it? Either way, with this proof, to me it's fairly obvious that the third parties version of events is simply impossible to have happened.
So, although my girlfriend was willing to go 50/50 (I wouldn't have been, FWIW), we found out tonight that the third party is still trying to press for victory despite giving blatantly incorrect information. Her insurance company is going to ask why this (50/50) is not going to be accepted... but in the meantime, not being an expert in these matters, I'm wondering what she can do next, because from my point of view, not only was my girlfriend not in the wrong, but the third party is lying through their teeth about what happened, which I think we can prove, and also got the date wrong.
Any thoughts on where to go from here.
To summarise (I hope), your girlfriend turned left from the inside (RH) lane of a roundabout and collided with a car established on the outside (LH) lane on the nearside of your girlfriend's car.
If correct, then she is (largely) to blame.
There has been much discussion of this recently. The moral and legal aspects can differ.
Streaky
If correct, then she is (largely) to blame.
There has been much discussion of this recently. The moral and legal aspects can differ.
Streaky
streaky said:
To summarise (I hope), your girlfriend turned left from the inside (RH) lane of a roundabout and collided with a car established on the outside (LH) lane on the nearside of your girlfriend's car.
If correct, then she is (largely) to blame.
There has been much discussion of this recently. The moral and legal aspects can differ.
Streaky
I think you misunderstand, my girlfriend was turning right (3rd exit) in the right hand lane, and the 3rd party joined while my girlfriend was already on the roundabout (failed to give way) - or at least that was her version of the events - as I said, I wasn't there...If correct, then she is (largely) to blame.
There has been much discussion of this recently. The moral and legal aspects can differ.
Streaky
I do agree that I think the accident was probably avoidable by her had she been more attentive, but that's another story; the point is, the third party failed to give way, and their account of the accident was incorrect.
TameRacingDriver said:
I think you misunderstand, my girlfriend was turning right (3rd exit) in the right hand lane, and the 3rd party joined while my girlfriend was already on the roundabout (failed to give way) - or at least that was her version of the events - as I said, I wasn't there...
I do agree that I think the accident was probably avoidable by her had she been more attentive, but that's another story; the point is, the third party failed to give way, and their account of the accident was incorrect.
How big is this roundabout (got a google maps link) ?I do agree that I think the accident was probably avoidable by her had she been more attentive, but that's another story; the point is, the third party failed to give way, and their account of the accident was incorrect.
IGNORE this bit, I am a "tard" There are no "give way" signs on the entrance to roundabouts. (Its a mystery to me why I included this, Being tired from work is no excuse but may be claimed as a mitigating circumstance )
It is up to the users of the roundabout to ensure they do not come into contact with eachother.
If your GF had actually turned her head and looked to her left before or during her planned exit she would have seen her exit was blocked or potentially blocked by a car that had entered at an inconvienent time, she should have been aware enough of her surroundings to be able/prepared to take avoiding action.
If the synopsis of the incident is accurate I feel a little sorry for your GF, she encountered an idiot, her mistake was not looking out for the idiot.
It is up to the users of the roundabout to ensure they do not come into contact with eachother.
If your GF had actually turned her head and looked to her left before or during her planned exit she would have seen her exit was blocked or potentially blocked by a car that had entered at an inconvienent time, she should have been aware enough of her surroundings to be able/prepared to take avoiding action.
If the synopsis of the incident is accurate I feel a little sorry for your GF, she encountered an idiot, her mistake was not looking out for the idiot.
Edited by Getragdogleg on Tuesday 1st March 20:33
Getragdogleg said:
There are no "give way" signs on the entrance to roundabouts.
It is up to the users of the roundabout to ensure they do not come into contact with eachother.
If your GF had actually turned her head and looked to her left before or during her planned exit she would have seen her exit was blocked or potentially blocked by a car that had entered at an inconvienent time, she should have been aware enough of her surroundings to be able/prepared to take avoiding action.
If the synopsis of the incident is accurate I feel a little sorry for your GF, she encountered an idiot, her mistake was not looking out for the idiot.
really ? you have never seen give way signs at a roundabout .It is up to the users of the roundabout to ensure they do not come into contact with eachother.
If your GF had actually turned her head and looked to her left before or during her planned exit she would have seen her exit was blocked or potentially blocked by a car that had entered at an inconvienent time, she should have been aware enough of her surroundings to be able/prepared to take avoiding action.
If the synopsis of the incident is accurate I feel a little sorry for your GF, she encountered an idiot, her mistake was not looking out for the idiot.
bimsb6 said:
Getragdogleg said:
There are no "give way" signs on the entrance to roundabouts.
It is up to the users of the roundabout to ensure they do not come into contact with eachother.
If your GF had actually turned her head and looked to her left before or during her planned exit she would have seen her exit was blocked or potentially blocked by a car that had entered at an inconvienent time, she should have been aware enough of her surroundings to be able/prepared to take avoiding action.
If the synopsis of the incident is accurate I feel a little sorry for your GF, she encountered an idiot, her mistake was not looking out for the idiot.
really ? you have never seen give way signs at a roundabout .It is up to the users of the roundabout to ensure they do not come into contact with eachother.
If your GF had actually turned her head and looked to her left before or during her planned exit she would have seen her exit was blocked or potentially blocked by a car that had entered at an inconvienent time, she should have been aware enough of her surroundings to be able/prepared to take avoiding action.
If the synopsis of the incident is accurate I feel a little sorry for your GF, she encountered an idiot, her mistake was not looking out for the idiot.
k did I post that ?I know there are triangles on poles, normally on the same pole the sodding little blue arrow things is on.
Why the greasy f
k did my brain decide to post such st as a post opener ?Sorry. still a look over the shoulder is a good idea !
When i was knocked off my bike, the other side were claiming i had pulled out in front of her, it was so laughable, i actually did laugh. I don't know for sure but i would be amazed if the actual driver of the car that hit me would have made that claim, i believe it was the insurance company trying to frustrate a straight forward claim. In the end i just referred them to the Police report then made sure they paid for that stupidity by not settling at the first , second or third offer.
vonhosen said:
How big is this roundabout (got a google maps link) ?
Google Maps LinkShe was travelling east on the A69, then turned right to go South onto the A1 (3rd exit). The other person most likely IMO joined from the South A1, and attempted to turn right, onto the A69 westbound, but possibly could have joined from the "West Road" (straight ahead and onto the A69).
Of course the other party's "solicitors" are going for the win. They will have stumped up a fair amount of money for hire cars and repair etc. They have something to lose !
Be quite interesting for the TP is they have lied to them as well
Give your insurer all the information, and don't sweat it too much.
Be quite interesting for the TP is they have lied to them as well
Give your insurer all the information, and don't sweat it too much.
TameRacingDriver said:
She was travelling east on the A69, then turned right to go South onto the A1 (3rd exit). The other person most likely IMO joined from the South A1, and attempted to turn right, onto the A69 westbound, but possibly could have joined from the "West Road" (straight ahead and onto the A69).
As there are lane markings, the other driver shouldn't have crossed those unless it was safe to do so.This looks the same as an accident that was discussed on one of the MB forums recently, and that went 50/50 in the end, despite strong protests from the MB owner who was hit in the just the same fashion as your gf.
Edited by Deva Link on Tuesday 1st March 20:52
You dont often have give way signs at roundabouts, we discussed this in another thread.
You give priority to the right and give way to anything else on the roundabout
However if your g/f was turning left and signalling and theyve crept up her left side into her blind spot theyre the ones at fault (give priority to right)
She should have been holding out for third party not going for 50:50 but too late now
You give priority to the right and give way to anything else on the roundabout
However if your g/f was turning left and signalling and theyve crept up her left side into her blind spot theyre the ones at fault (give priority to right)
She should have been holding out for third party not going for 50:50 but too late now
I had a very similar incident to your GF the only difference being that I had given way to the car that eventually hit me before joining the multilane roundabout, passed the car and was taking the exit down a dual carriageway when I was hit by the other car that was going for another lap of the roundabout. It had missed it's exit and hit me at the back left wheel.
They admitted as much at the scene but it ended up going 50/50 after 12mths. Insurance company didn't have the stomach to take it to court. I suspect as we were underwritten by the same insures might have had something to do with it. I was disappointed but I was on one of those '7-day' insurances so didn't loose any no claims. Sad thing was I'd just collected the car and was only 10 mins into ownership.
Sorry for the long post but in summary I was probably even less at fault as I was in front of the other car and it still went 50/50.
They admitted as much at the scene but it ended up going 50/50 after 12mths. Insurance company didn't have the stomach to take it to court. I suspect as we were underwritten by the same insures might have had something to do with it. I was disappointed but I was on one of those '7-day' insurances so didn't loose any no claims. Sad thing was I'd just collected the car and was only 10 mins into ownership.
Sorry for the long post but in summary I was probably even less at fault as I was in front of the other car and it still went 50/50.
saaby93 said:
You dont often have give way signs at roundabouts, we discussed this in another thread.
You give priority to the right and give way to anything else on the roundabout
However if your g/f was turning left and signalling and theyve crept up her left side into her blind spot theyre the ones at fault (give priority to right)
She should have been holding out for third party not going for 50:50 but too late now
give way signs are very common on roundabouts but not for every approach ,locally most mini roundabouts have have one or two entrances with give way signage .You give priority to the right and give way to anything else on the roundabout
However if your g/f was turning left and signalling and theyve crept up her left side into her blind spot theyre the ones at fault (give priority to right)
She should have been holding out for third party not going for 50:50 but too late now
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