Insurance Claim
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Discussion

calum93

Original Poster:

42 posts

184 months

Monday 8th August 2011
quotequote all
Had a crash a couple of months ago, it still hasn't been settled as both insurance companies are going for 100%, just wondering what your guys opinions are.

car 1 is coming up to a T junction, on the main road, on the side where the parallel road joins. car 2 is at the give way wanting to turn right. car 1 indicates left but changes its mind and continues to drive forward. by this time car 2 has decided since car 1 is indicating it will pull out to turn right. car 1 hits car 2 on the front driver side.

I'm car 1.

Petrolhead_Rich

4,659 posts

222 months

Monday 8th August 2011
quotequote all
calum93 said:
Had a crash a couple of months ago, it still hasn't been settled as both insurance companies are going for 100%, just wondering what your guys opinions are.

car 1 is coming up to a T junction, on the main road, on the side where the parallel road joins. car 2 is at the give way wanting to turn right. car 1 indicates left but changes its mind and continues to drive forward. by this time car 2 has decided since car 1 is indicating it will pull out to turn right. car 1 hits car 2 on the front driver side.

I'm car 1.
Entirely the fault of the driver that pulled out, the indicator doesn't guarantee that you will turn, it's the driver joining the road that has to ensure it is safe to do so, a flashing light does not guarantee the way is clear.



Benbay001

5,893 posts

187 months

Monday 8th August 2011
quotequote all
Petrolhead_Rich said:
Entirely the fault of the driver that pulled out, the indicator doesn't guarantee that you will turn, it's the driver joining the road that has to ensure it is safe to do so, a flashing light does not guarantee the way is clear.
But we arent hearing all of it, are we..??

poing

8,743 posts

230 months

Monday 8th August 2011
quotequote all
Petrolhead_Rich said:
calum93 said:
Had a crash a couple of months ago, it still hasn't been settled as both insurance companies are going for 100%, just wondering what your guys opinions are.

car 1 is coming up to a T junction, on the main road, on the side where the parallel road joins. car 2 is at the give way wanting to turn right. car 1 indicates left but changes its mind and continues to drive forward. by this time car 2 has decided since car 1 is indicating it will pull out to turn right. car 1 hits car 2 on the front driver side.

I'm car 1.
Entirely the fault of the driver that pulled out, the indicator doesn't guarantee that you will turn, it's the driver joining the road that has to ensure it is safe to do so, a flashing light does not guarantee the way is clear.
What he said.

It's frustrating if people change their minds after indicating but it's also the reason I wait until I'm more certain the car is actually going to make the manoeuvre. I've overtaken a few tractors and trucks that were indicating right at the time, they had just forgotten to turn them off and had no plans to turn right.

calum93

Original Poster:

42 posts

184 months

Monday 8th August 2011
quotequote all
Benbay001 said:
But we arent hearing all of it, are we..??
I wouldn't lie when I'm looking for opinions, there would be no sense in that wink

66comanche

2,369 posts

189 months

Monday 8th August 2011
quotequote all
I would say the other driver was at fault, but after indicating and then changing your mind, I think you were sloppy not to be paying more attention that a car may well pull out.

In the same way I sometimes flash someone out but the other person is too witless to take advantage of it so sit there clueless - if they haven't moved within a few seconds I will carry on but I will pay a lot of attention to whether they start to move and leave myself ample room to deal with it if they do.

pinchmeimdreamin

10,892 posts

248 months

Monday 8th August 2011
quotequote all
Is this the accident you are putting the fraudulent claim in for ?

Baffled Spoon

5,258 posts

224 months

Monday 8th August 2011
quotequote all
Calum93. I'm going to assume that '93 is your birth year, in which case, congrats on managing to crash in such a short time since passing. And thank you for making up fradulent information for your claim. You're a right role model rolleyes

SD1992

7,278 posts

188 months

Monday 8th August 2011
quotequote all
I agree with the above 2 posters.

tts like you give young male drivers like me a bad name and high premiums. Now fk off and stop trying to claim for a hire car that did not exist, as the company will only increase everyone else's premiums to cover their losses to people like you.

Mx5guy

26,315 posts

231 months

Tuesday 9th August 2011
quotequote all
Baffled Spoon said:
Calum93. I'm going to assume that '93 is your birth year, in which case, congrats on managing to crash in such a short time since passing. And thank you for making up fradulent information for your claim. You're a right role model rolleyes
Apparently not, his age says 23 so that would be around 1987.

SD1992

7,278 posts

188 months

Tuesday 9th August 2011
quotequote all
Mx5guy said:
Apparently not, his age says 23 so that would be around 1987.
Think that is his post count wink

calum93

Original Poster:

42 posts

184 months

Tuesday 9th August 2011
quotequote all
Spoke to my dad today and we didn't actually claim for the use of the van, I'm sure nobody will believe me though

mjcneat

285 posts

199 months

Tuesday 9th August 2011
quotequote all
Google case law, "Wadsworth v Gillespie". Very well known in the insurance industry.

Mx5guy

26,315 posts

231 months

Tuesday 9th August 2011
quotequote all
I guess it doesn't matter what you say. It was made clear by some other people they've reported you, so if you didn't then there's no problem (apart from some annoyed PHers), but if you did put in the claim then you're in big trouble.

SD1992 said:
Mx5guy said:
Apparently not, his age says 23 so that would be around 1987.
Think that is his post count wink
Oops, that'll teach me to pay attention!

calum93

Original Poster:

42 posts

184 months

Tuesday 9th August 2011
quotequote all
mjcneat said:
Google case law, "Wadsworth v Gillespie". Very well known in the insurance industry.
That's good information thanks, shame I never knew about this case before I put in the claim, could have referenced it

mjcneat

285 posts

199 months

Tuesday 9th August 2011
quotequote all
calum93 said:
That's good information thanks, shame I never knew about this case before I put in the claim, could have referenced it
Won't do any harm to mention it now if it's still being disputed by both parties.

Haribo Man

85 posts

186 months

Tuesday 9th August 2011
quotequote all
Can't beleive Wadsworth V Gillespie hasn't been used by the insurance companies so far! 80/20 split all day

calum93

Original Poster:

42 posts

184 months

Tuesday 9th August 2011
quotequote all
mjcneat said:
Won't do any harm to mention it now if it's still being disputed by both parties.
Yeah I'll give it a go, cheers.

calum93

Original Poster:

42 posts

184 months

Tuesday 9th August 2011
quotequote all
Mx5guy said:
I guess it doesn't matter what you say. It was made clear by some other people they've reported you, so if you didn't then there's no problem (apart from some annoyed PHers), but if you did put in the claim then you're in big trouble.
Yeah, well, the claim hasn't actually gone in yet for extra expenses or something, I'm not exactly sure of the details, it was just speculation as to whether or not to claim for the van or not anyway and it turns out were not going to.

The only thing is I don't want these reports getting in the way of my legit insurance claim, that will probably piss some people off too, cheers for reassuring me there shouldn't be any implications though.

Edited by calum93 on Tuesday 9th August 18:07

Jujuuk68

364 posts

187 months

Tuesday 9th August 2011
quotequote all
If I understand the OP correctl he is on the major road, indicating, changes mind and the other car relies on the signal, failing to comprehend the lack of speed change.

Misleading signal, as previous posters suggest Wadsworth. However, that is actually 2/3 1/3 in favour of the car on the main road.

HOWEVER

If there is witness evidence (ore rarely the driver admits liability) that the vehicle on the major road had indicated, and slowed, possibly starting to turn, suggesting it was NOT a misleading signal as such but a last minute change of direction, then a court might infer that as you were so close to the junction and the speed changing and turn starting, it was clear to the other driver your intentions, then the car pulling out gets 100%.

There is a real difference between an indicator left on by a driver as they preceed up the road unintentionally, which can be sighted for some distance, along with the lack of speed change or turn, and that of a driver whos actions are interpreted correctly by other road users to the point they rely on them, which are then altered.