Road traffic accident
Discussion
I was driving on 25 miles per hour on Liverpool Road in Eccles, which is a 30 MPH road. I was on the inside lane just getting ready to exit onto Worsley Road B521 (Exit right by the traffic light). My indicator light was on and suddenly a driver pulled out of the gas station on the left thus ran into my car and hit the front passenger side. The accident occurred at about 19:40pm. The accident happened in front of the gas station where the other driver was pulling out from. There is a road marking on the floor for ahead cars and cars turning right onto B521 road. I was on the inside lane.
The other driver admitted pulling onto the main road from the gas station, but stated that a car on the left lane had waited for her to right onto the main road. The driver added that the accident occurred because I had overtaken the car that waited for her. While this is not is true because I was already on the inside lane, the gas garage has stated that their CCTV is not working. However, there is a Council CCTV at the scene of the accident.
I have been offered a courtesy car by my insurance company, but I am reluctant to accept it.
Please advice
The other driver admitted pulling onto the main road from the gas station, but stated that a car on the left lane had waited for her to right onto the main road. The driver added that the accident occurred because I had overtaken the car that waited for her. While this is not is true because I was already on the inside lane, the gas garage has stated that their CCTV is not working. However, there is a Council CCTV at the scene of the accident.
I have been offered a courtesy car by my insurance company, but I am reluctant to accept it.
Please advice
what is my chance of success if my insurance company is unable to obtained the CCTV footage of the scene of accident and he third party driver is able to get some witness to collaborate her story that I had overtaken a car on the main road that stopped for her. She lied to her insurance company by saying that my car was on the left lane instead of inside lane
nagasere said:
what is my chance of success if my insurance company is unable to obtained the CCTV footage of the scene of accident and he third party driver is able to get some witness to collaborate her story that I had overtaken a car on the main road that stopped for her. She lied to her insurance company by saying that my car was on the left lane instead of inside lane
Well, if they saw you 'overtake' then they saw you and still pulled out.BTW, the left-most lane is normally the 'inside lane', so I can't see how they've lied to their insurer.
nagasere said:
The other driver admitted pulling onto the main road from the gas station, but stated that a car on the left lane had waited for her to right onto the main road.
The above doesn't make sense. Am I understanding you correctly: the other driver attempted a right turn when exiting the filling station: i.e. towards Salford/Manchester?https://goo.gl/maps/fdYCvVsA1NR2
nagasere said:
The driver added that the accident occurred because I had overtaken the car that waited for her.
That won't wash. The fact that a car had stopped 'to let her out' does not give her the right to do so into the path of a car which is established on the main road and therefore has priority.This type of collision that occurred as a result happens innumerable times up and down the country. Especially at filling stations.
However, you need to be prepared for the possibility of split liability on the basis that you should have been aware of the actions of the driver of the car in the left hand lane.
The questions that will be asked are 1) Did you slow down/brake on your approach: if not, why not? 2) Did you use your horn:* again, if not, why not?
* That's what it's for, to give a warning. Highway Code Rule 112 - https://www.gov.uk/guidance/the-highway-code/gener...
nagasere said:
She lied to her insurance company by saying that my car was on the left lane instead of inside lane
She can't have it both ways and needs to get her story straight. You can't possibly have been proceeding in the left lane if a car already in it had stopped to let her out.The $64,000 question is whether there is sufficient evidence to show that she is making stuff up. If so it will count against her.
The driver who stopped to leave the gap surely has to have witnessed the collision. Did you get his/her details?
@ Mods. I think this thread ought to be in SP&L rather than Roads.
"The above doesn't make sense. Am I understanding you correctly: the other driver attempted a right turn when exiting the filling station: i.e. towards Salford/Manchester?
https://goo.gl/maps/fdYCvVsA1NR2"
You are very correct, The other driver attempted a right turn when exiting the filling station towards Manchester. I received an email from the Local Authority saying that their CCTV camera at the scene of accident was on the other direction and I do not have any eye withness
https://goo.gl/maps/fdYCvVsA1NR2"
You are very correct, The other driver attempted a right turn when exiting the filling station towards Manchester. I received an email from the Local Authority saying that their CCTV camera at the scene of accident was on the other direction and I do not have any eye withness
You will be fine, had exactly the same myself (but they admitted liability to their insurers and at the scene). I was given (and took) a new MB E-class convertible for the 2 months it took to repair my BMW 335i, all costs reclaimed and no excess to pay.
To help a bit, my accident was very similar to yours, was in the outside lane and they pulled out of a retail centre car park into my side between traffic stopped in lane one as I was coming down lane 2 to turn right at the lights. Here (https://www.google.co.uk/maps/@51.3974545,0.1129284,3a,75y,159.85h,82.21t/data=!3m6!1e1!3m4!1sVz-5K-O9taGf6vKlAIFQVQ!2e0!7i13312!8i6656) but before the roadworks were done
To help a bit, my accident was very similar to yours, was in the outside lane and they pulled out of a retail centre car park into my side between traffic stopped in lane one as I was coming down lane 2 to turn right at the lights. Here (https://www.google.co.uk/maps/@51.3974545,0.1129284,3a,75y,159.85h,82.21t/data=!3m6!1e1!3m4!1sVz-5K-O9taGf6vKlAIFQVQ!2e0!7i13312!8i6656) but before the roadworks were done
Thanks for your support,
We received a response from the defendant's insurers; they are disputing liability and their argument is that my wife was over taking another vehicle who was letting their insured pull from the petrol station. Subsequently my wife has collided with their vehicle on the wrong side of the road, they argue that my wife should have stayed behind the vehicle who let their insured go and not carried out a dangerous manoeuvre by overtaking a vehicle near a junction.
Even though the are holding my wife at fault they then go on to offer a 50/50 split on liability. Our solicitor has informed us that they have not yet sent to the 3rd party insurer the diagram of the event, pictures showing damage to our car and my wife's statement.
there are no witnesses, no CCTV evidence , as these would have worked in our favour.
I do not have any idea what is going to happen from now
We received a response from the defendant's insurers; they are disputing liability and their argument is that my wife was over taking another vehicle who was letting their insured pull from the petrol station. Subsequently my wife has collided with their vehicle on the wrong side of the road, they argue that my wife should have stayed behind the vehicle who let their insured go and not carried out a dangerous manoeuvre by overtaking a vehicle near a junction.
Even though the are holding my wife at fault they then go on to offer a 50/50 split on liability. Our solicitor has informed us that they have not yet sent to the 3rd party insurer the diagram of the event, pictures showing damage to our car and my wife's statement.
there are no witnesses, no CCTV evidence , as these would have worked in our favour.
I do not have any idea what is going to happen from now
nagasere said:
We received a response from the defendant's insurers; they are disputing liability and their argument is that my wife was over taking another vehicle who was letting their insured pull from the petrol station. Subsequently my wife has collided with their vehicle on the wrong side of the road, they argue that my wife should have stayed behind the vehicle who let their insured go and not carried out a dangerous manoeuvre by overtaking a vehicle near a junction.
Wrong side of the road? The TP's insurer is having a giraffe. Maybe they should look at the actual road layout - https://goo.gl/maps/C4Hn7buxuNx
Just because someone has 'stopped to let you out' it is still incumbent on you to check that it is safe to do so.
What if it had been a bike and she had injured (or even killed) the rider?
nagasere said:
Even though the are holding my wife at fault they then go on to offer a 50/50 split on liability.
They can't have it both ways. The offer is because they are well aware that their insured cannot avoid liability.nagasere said:
Our solicitor has informed us that they have not yet sent to the 3rd party insurer the diagram of the event, pictures showing damage to our car and my wife's statement.
Why not? Someone needs to get their finger out. A diagram will only go so far. They need to send this - https://goo.gl/maps/iPTxSH9D3e22.
It clearly shows that she has pulled out across two lanes not one.
That said, without witnesses I suspect you may struggle to achieve a no-fault outcome.
If so, the actual percentage split doesn't matter that much.
You'll still have a claim on your record and your renewal premium my well increase.
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