Crash on way home
Discussion
Just in case anyone has any advice before I fill in paperwork etc. I was driving home along an urban road - approaching 1730 with the light just going. I'm approaching a junction that is often troublesome (Traffic crosses over next to a pub and then into road that is often single lane due to parked cars) - kind of like a crossroads. I have the right of way and am on the main road and there is nothing in front of me and I'd have been doing around 30 - can't be exact as of course I was concentrating on traffic crossing the road. A gentleman in an Audi pulls out in front of me giving me a short distance to stop. His view of my side of the road is obscured as he's pulling out behind a car going the opposite way to me and he pulls out quite quickly but can't safely cross to the other side of the road before I hit him between the front and rear door of his car. He has tried to say I was speeding (not very easy on that bit of road and I had come from traffic lights on red about 750 metres before the crash). I think the reality is that he didn't see me as I'm in a grey MX5 and he's in an Audi that is quite a bit higher up. I suspect only my DRLs were on as I have the headlights set to auto. He had two young children in the back who looked like they were off to a club (as in perhaps distracted). Not the end of the world but before I claim, any guidance as to anything to say to try and avoid taking any of the blame. I was on my side of the road, not overtaking any bikes or people, just driving along on what was a clear road until he popped out. I suspect his car will have very little damage and mine will need a new bumper and paint plus maybe some broken brackets.
I suspect he thinks I was driving quickly as it's an MX5 and people think sports car. The reality is a little different! I have managed to get the footage from my camera and unless the insurers are really devioius it shows me with a fully clear road until my new friend pops out from behind a car going the opposite way to me and I cannot stop. The damage probably suggests I was not speeding as little damage to his car and mine is new bumper and any brackets. No metal work appears to be creased.
Shinyfings said:
I suspect he thinks I was driving quickly as it's an MX5 and people think sports car. The reality is a little different! I have managed to get the footage from my camera and unless the insurers are really devioius it shows me with a fully clear road until my new friend pops out from behind a car going the opposite way to me and I cannot stop. The damage probably suggests I was not speeding as little damage to his car and mine is new bumper and any brackets. No metal work appears to be creased.
If you have dashcam footage and it corroborates your statement, then jobs a good’un.Fill in the paperwork and attach the dash cam footage and let the insurance company do their thing.
Shinyfings said:
I suspect he thinks I was driving quickly etc
He doesn't. He realises his error and like most people in this situation will panic and lie. Very few people at the time of a collision will have the wherewithal and honesty to say "I'm really sorry, i didn't see you, are you OK?"2020vision said:
Your dashcam will attest to your speed and how much time the chap had to observe you. How lucky is that.
He'd have had little chance to observe me whatever my speed as he was hidden behind another vehicle which is why he didn't see me and I didn't see him until he appeared in front of me, the road ahead having been totally clear.Mandat said:
Avoid the phrase "right of way".
Everybody has a right of way, otherwise they legally wouldn't be allowed to be on the road.
The word to use instead is "priority".
Makes sense but I’ve said all I’m saying to the insurers as they have a clear video and I’ll leave the questions to them. Interestingly LV were very interested in me not speaking to the other insurer (I won’t) and I’ve already been offered a courtesy car (declined until I actually need it). Everybody has a right of way, otherwise they legally wouldn't be allowed to be on the road.
The word to use instead is "priority".
A update. The insurer of the driver who pulled out on me has been in touch. Liability is admitted. I will just leave it to my insurers. I imagine the other company have been in touch as they’re trying to manage costs and get me to deal with them - no chance especially as they are a brand I have never heard of. I hadn’t realised but MX5’s have safety devices in the bonnet and if these and the airbags trigger it wouldn’t be far off a right off. Luckily this didn’t happen.
Shinyfings said:
A update. The insurer of the driver who pulled out on me has been in touch. Liability is admitted. I will just leave it to my insurers. I imagine the other company have been in touch as they’re trying to manage costs and get me to deal with them - no chance especially as they are a brand I have never heard of. I hadn’t realised but MX5’s have safety devices in the bonnet and if these and the airbags trigger it wouldn’t be far off a right off. Luckily this didn’t happen.
Manage costs?I've claimed directly through third party before and it was fine. I chose where the car was repaired and it was all pretty simple.
I guess that claiming through your own insurers mean you'll need to pay the excess and they'll claim it back from the third party.
Shinyfings said:
Hi Thanks for the replies. I just don't trust insurance companies even when I'm doing nothing wrong! I am with LV and the claim is in and they've told me to ignore the third party insurer which suits me just fine. Off to Mazda for a new bumper.
I was insured with LV in 2016 when I had an accident on a roundabout which was captured by my dashcam. I submitted the footage to them and within 48 hours and an acknowledgement that I wasn't liable. Wouldn't be without the camera now!davek_964 said:
Manage costs?
I've claimed directly through third party before and it was fine. I chose where the car was repaired and it was all pretty simple.
I guess that claiming through your own insurers mean you'll need to pay the excess and they'll claim it back from the third party.
Manage costs - many companies farm out non-fault claims to AMC’ who will have wanted to supply a like for like hire car and bill the 3rd party for it. There’s also no incentive of them to get the repairs done quickly. The 3rd party insurer woul prefer to avoid that.I've claimed directly through third party before and it was fine. I chose where the car was repaired and it was all pretty simple.
I guess that claiming through your own insurers mean you'll need to pay the excess and they'll claim it back from the third party.
Excess - LV will waive it in the OPs case.
There should be no excess to pay and claim back. Your insurer should handle everything now the other party's insurer has admitted liability. Get a quote, sends it in and get it booked in.
Similar thing happened with my wife where somebody ran into the back of her. Once the other party told their insurer liability was admitted. We'd got a quote the same day and within a week the car was repaired at no outlay to us, no form filling after giving a verbal explanation over the phone to our own insurer.
Privilege - couldn't fault them and I buy the cheapest insurance from the quotes coming back on a comparison site.
Similar thing happened with my wife where somebody ran into the back of her. Once the other party told their insurer liability was admitted. We'd got a quote the same day and within a week the car was repaired at no outlay to us, no form filling after giving a verbal explanation over the phone to our own insurer.
Privilege - couldn't fault them and I buy the cheapest insurance from the quotes coming back on a comparison site.
This, and many other cases, exemplify why a dashcam is becoming a necessity. As a poster said, people lie, people make claims of patently untrue aspects of the event. I would add one further comment to dashcam desirability and that is having one with GPS and speed logging is even better. The speeds of the camera owner will be recorded simultaneously with the footage. No spurious "they were speeding" claims will stand up.
motco said:
This, and many other cases, exemplify why a dashcam is becoming a necessity. As a poster said, people lie, people make claims of patently untrue aspects of the event. I would add one further comment to dashcam desirability and that is having one with GPS and speed logging is even better. The speeds of the camera owner will be recorded simultaneously with the footage. No spurious "they were speeding" claims will stand up.
Hmmm….this case was always straightforward and having a dashcam with speed logging opens a can of worms if it shows you were doing 31 in a 30.motco said:
This, and many other cases, exemplify why a dashcam is becoming a necessity. As a poster said, people lie, people make claims of patently untrue aspects of the event. I would add one further comment to dashcam desirability and that is having one with GPS and speed logging is even better. The speeds of the camera owner will be recorded simultaneously with the footage. No spurious "they were speeding" claims will stand up.
Unless of course it provides evidence that you were doing 32 in a 30 & hence were speeding & helping to undermine your claim.Mr Pointy said:
motco said:
This, and many other cases, exemplify why a dashcam is becoming a necessity. As a poster said, people lie, people make claims of patently untrue aspects of the event. I would add one further comment to dashcam desirability and that is having one with GPS and speed logging is even better. The speeds of the camera owner will be recorded simultaneously with the footage. No spurious "they were speeding" claims will stand up.
Unless of course it provides evidence that you were doing 32 in a 30 & hence were speeding & helping to undermine your claim.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff