This is totally eating me up inside and ive posted about it on another forum, so from a bigger different audience im looking for more views on where i stand with liability and what i should do, accept, put up for etc

Totally gutted i know its not a Ford but was an immaculate shell and id spent a fair bit servicing it and freshening it up, only had it 7 weeks owes me around 3 grand then this happens Monday....





Was basically coming straight over a roundabout, there was a first exit, and a second exit, i was aiming for the second exit, correct lane, speed, everything, id just passed the 1st exit and was probably a metre from coming off the 2nd exit then i just became aware of a large dark object coming to my passenger side at speed, an almighty bang, another bang as my car was rammed sideways into the kerb just on the exit, another bang as all the airbags went off then another bang as it hit the signpost, bounced off and landed sideways in the middle of the road on the entrance to the 2nd exit..

An old woman 70s ish had come from my left, didnt stop, didnt look, didnt give way, far too fast, didnt see me, smashed into my passenger side, rammed me into the kerb and signpost with enough force to still bounce me off the signpost back into the middle of the road.

Car is written off, bent rear beam, doors, interior bent, seats moved roof kinked, airbags etc

Worst of all, she is blaming me, and the insurance have told me if theres no witnesses this could go 50/50

Had to go hospital 6 hours after the smash because i had permanent pins and needles in my right leg, caused by the seat airbag went off into my lower back, muscles swollen and pressing on nerves to my leg, im not one of those to claim for injuries that dont exist as people make me sick who do that but i do have a genuine confirmed by hospital injury to my lower back.

Got forms from solictors already for the injuries, however im still waiting to hear from my insurance as to whose at fault, if shes admitted liability or what, im going to call them tommorow, but id like some more opinions, everyone so far mainly has said its clear cut her fault, she hit me.

Just fedup as if it goes 50/50 thats a 3k car down the drain and im injured too for something not my fault

This was the scene, she came from the left, as i was nearing the 2nd exit and smashed me into those that 2 legged signpost with 2 signs on before i ended up in the middle of the entrance to the exit , she ended up on the grass near the signposts but didnt hit them.

 

best of luck with the genuine claim matey,

i know of several claims that have been deemed un insured due to medical conditions, .......blacking out! if they claim this then your screwed, possibly get paid but not for a long time, will be very messy and make you very angry!

trust me, been there!

p.s how can she blame you? give way to the right! wow i have respect for the elderly but this takes the piss.......... see below

 

Surely it should be a simple case she failed to give way to the right.

however being an old biddy and you being young means she will tell the insurance you were going too fast and "came out of nowhere" and they will probably believe her.

What did the traffic cops report say?? I assume they turned up as you were injured?

 

I still dont understand how they can say a medical condition is an "act of god". Surely you can claim the "act of god" excuse is religous discrimination against athiests and those that dont believe in a god

 

A ambulance car passing by stopped and the paramedic asked all drivers , me and a work colleague in my car and the elderly woman and her husband if we were all okay, she then called the police and left, a lone officer arrived took details checked everyones insurance etc then left, everytime i tried speaking to the woman who drove into me her husband got between us, initially when i first got out the car his first words where ' well young man what do you have to say about that then ' i said i dont know why your asking me you just smashed into me, to which he replied it was my fault, after that with all the shock and my car blocking the road i set about moving the car off the road,i wasnt going to stand in the middle of a dual carriageway and have a row with a old man whos set in his ways, his wife didnt say anything to me, I went into overdrive really, then when the shock came off and the adrenaline went the pain set in.. driving me insane, if it was a 500 quid shitter id be more calm about it, but i havent worked hard to throw 3k away in 7 weeks because of some silly old fool who shouldnt be on the road !

 

Warren, you got no idea mate, seriousley!

i did get paid out from insurance but to this day its still unsettled from the 3rd party.

2star, unless she admits liability again your fucked over a wooden park bench my good buddy

 

That is madness Sean!! So the old biddy got off scott free. They really do need to have regular compulsory "safety assessments" for drivers once they reach a certain age.

 

£500 shitter or 500k supercar, this is piss poor but the way t is am afraid, be on the case of the insurers and make sure the ddrivers and passengers give full statments to police

if you were speeding then say so, you were NOT at fault either way

 

Warren, she was not insured due to "act of god" so no didnt get off scot free, she couldnt have it both ways, she was either insured or not, and they said not........... bye byre car and licence and payout for her!

 

so was it an undeclared medical condition then??

Didnt realise you could suddenly fall ill and the insurers decide not to cover you and then police prosecute you for no insurance when its something you couldnt predict or be aware of.

Does make you realise what a fucking joke the insurance industry is.

Makes you wonder when we have a legal obligation to have 3rd party cover to standards laid down by the government and can be hung on it, yet it seems the companies have no obligation to cough up when theyve claimed to provide you with that service... it should be 2 way.

The 50/50 scandal is even more shocking when most people pay for some kind of legal cover to protect themselves then find the insurer doesnt give a shit and goes for 50/50 because its cheaper for them even if its not based on any facts about the accident at all.

 

You need a "witness" if you ask me...
Buy some of your m8s a beer, they were just passing by surely...?

 

Having a witness passing by to come forward certainly sounds hte way to do it, especially if the wife's husbands seems to be a bit narky already..... Surely if you were on the roundabout already you have right of way regardless?!

 

This is proper gutting mate. If I were you, I'd draw a birds eye diagram with a description of what exactly happened, your speed, lots of photos of the damage, where you ended up, where she came out of and use it all to make a 'picture' of the real events and therefore why she must be to blame beyond all reasonable doubt. Do not take any responsibility, her actions affected you, not the other way around. I'd also make a point of her husband causing you distress but not seeing if you were okay, instead accusing you of the accident. I'm not sure whether you can or not but I'd also try and find out if the old couple stopped any witnesses as well.

Best of luck with it all!

 

Old at 70

You lads will be there sooner than you think & you wont feel or act old believe me.

 

You may not feel or act old, but your reaction times, eye sight, hearing and situational awareness does change. My dad had to get glasses when he was 62 for example and prior, his eyes had been fine. For most people that age their body and senses have started to deteriorate.

 

if she hit you in the side whilst you were on the roundabout then she has clearly not given way to you.

if you present the facts as they are then she does not have a leg to stand on and the fact she left the scene of the accident is also another big mark against her...

What are the police saying about it ? If they attended the scene then they will have a report on what happened based on witness reports and the physical scene.

it's probably standard policy for the ins co to start from 50-50 but once the facts are laid clear it should be a no brainer, she was at fault...

good luck..

 

Refuse to accept the blame on any account, take lots of photos of the area if you can and sketch a diagram of what happened.
If it comes to it you will need to provide evidence that you weren't at fault even though it seems obvious. I presume you were alone in the car?
I'd call your insurance right now and ask for advice on what to do, if you don't get a suitable answer then I'd seek some professional advice outwith internet forums.

 

This thread doesnt make any sense.

If what you're saying is true, and you were already on the roundabout, she hit your passenger side from an entrance to the roundabout, then it is 100% her fault. There is no ambiguity whatsoever.
If the police are suggesting 50/50, report the officer dealing with it to a higher authority, as they're probably just doing it because they are lazy useless fuckers.

And where has a blackout or act of god come into it ? Is someone suggesting she did have a lapse or something ? And then suggesting you were at fault ? 1+1 doesnt = 54

As Rog says, ALWAYS take photos of the scene, cars involved, damage, the road, people involved etc etc. Everyone has a camera these days on their phone, so there is no excuse for not recording all of this on camera.
People lie, the Police lie, everyone tells lies. The camera only records facts.
And also write down exactly what happened NOW if you havent already done so. Do it before you forget any details.

And if her husband is blaming you, being aggressive, record this too. Dates, times, phone calls if any, whatever.

Old or young, sounds like the other driver was totally incompetent. You should also be pressing the police to have them prosecuted for dangerous driving
They'll proactively hunt drivers down for doing 35 in a 30 and causing no harm to anyone. Yet some numpty actually crashes into someone causing destruction and harm, and the police do fuck all ?

Is it any wonder I have the legal system here !! Persecute innocent motorists, then let the ones who cause harm walk free.

And in-car cameras are cheap these days. I have one running al the time in my van to record facts should something occur.

 

You're in the wrong. You're a reckless young man who huirt an innocent old woman. The fact thait was your right of way and the frail old dear lost control of the vehicle is irrelevant.

I agree, once you get to 50 you should have to have a medical, and at 70 I say you need to do a re-test and then every 6 or so years after that. I say that because these days you get marked down on your test for driving too slow, so these old drivers would be buggered when they sit at 30 on a 60.

 

In my eyes you where wrong to move the car before taking photos. doesnt matter if your blocking the road, you need to take as many photos as possible and get the scene documented for police and insurance reasons. Its always difficult when the shock sets in. You just want to get out the way as soon as possible. As said go back to the scene, take photos get a friend whose good on photo shop to mock up the situation from start to finish. If shes saying its your fault damage to the cars will suggest otherwise. Speak to the police and get a accident investigator down and look at the scence and both vehicles even if its all been moved. Not sure if they will but they would be able to write a report suggesting what happened.

I'm sure you can fight it but looks like it will be a long process......

 

had the same happen to me years ago, older lady reversed into me while parked behind her waiting to fill up with petrol

not much said at the time, just exchanged details, but once the husband got invovled it turned out it was my fault and he wasnt willing to pay, even though the parts i got quotes for was less than he got as I had a friend working in the trade. He even mentioned that they had a witness

kept my temper and said fair enough, leave it to the insurance and my witness will be saying they were behind me and saw no moment, next day he paid up

as much as i respect the older generation, some of them shouldn't be thinking that everyone younger is thick

make the claim form clear with the pictures you have shown and detail everything, even his comments as its clear to me that they have forgotten the highway code of giving way at a roundabout

 

Some insurance companies will simply weigh up the cost of a potential legal battle and just call it 50/50 and pay out (especially if it's the same insurer I'd guess)

Hopefully yours will see that she clearly crossed the give way line and make her accept liability.

She's also doing the 'correct thing' as you're not supposed to admit liability at the roadside.

 

Keep fighting your corner with facts.

Good luck.

 

Ive got about 10 photos of my car, a few of theirs, about 10 of the scene showing all entry and exit points, diagrams showing where she struck me and the path my car took and where it ended up after being struck aswell as hers, ive done a decent statement, and im prepared to fight this all the way. Thanks for advice. Just makes me sick if id have hit someone like that id have been apologetic and admitted fault. Their car was a disability car, aswell as that and at their time of life, what have they got to loose, they took a young man and a young female passenger off the road, destroying a car which owed a hard working young man nearly 3k aswell as the psyhical and emotional injuries it causes.. yet they havent got the decency to admit liability.. makes me sick.. :/

 

Can you do a "from above" shot?

has she come from the entrance to the roundabout on the left, or up the inside lane of you, looking to go right round the roundabouy?

 

IMO its 100% her fault. I had an old biddy write Off my 30k mk4 cab and I won with 80% there fault in the end and it was a struggle 2 years later I got payout.
And the funny thing is I was completely stationary and half on a grass verge on a motorway slipway with them doing 70mph So how 20% was my wrong doing I do t know lol.
Keep fighting mate

 

Honesty is the correct thing.

Not admitting liability is the insurance thing.

Again, the OP needs to be pressing the police to prosecute the driver who caused this. The law can not ( should not ) hunt drivers down and prosecute them when they do no harm, and ignore those who cause harm.

 

if you were already established on the roundabout and she was entering it then it's a clear cut case, her fault. end of story.

 

google map the roundabout draw your line of driving in blue hers in red email it to the insurers and explain you will not accept any responsibility for the crash and will be prepared to go to court on the matter. The simple fact is that its not like she failed to give way she drove into the side of you its borderline dangerous driving

 

She has made a mess of your car matey.I hope you get things sorted.

 

to be fair i think your quite lucky

in these hard times you could be looking at a fair size payout
are you feeling any back and neck pain
finding it hard to get back in a car
having flash backs

i would be and more .....

fuck the system and screw it for what you can get mate
and take them down with it old or not

everyone else does it
you dont get anywhere being nice and playing to the book just the way it is

 

I had a similar scenario with an old lady years ago. She pulled out in front of me and wrote both our cars off. It was in a 40 limit and i was prob doing about 30 as i approached the junction. She just pulled out as i was upon her, no time to react. She said it was my fault and her witness was a kid from the bus stop who she claimed agreed "I'd hit her" which to a kid is technically what happened. It took 7 months to sort as the ins companies dragged heels, refused to do this and that. I even dealt direct with her insurers who just wouldn't give up because the old crow wouldn't admit liability. In the end I sent her a county court summons myself and suddenly she changed her mind.

 

Best thing said on this thead. There is absolutely no way that you can be blamed for this accident mate. I am a cop and have dealt with things like this numerous times before, fight it and get your insurnace to get a copy of the Police accident report, they usually do.

Hopefully the report should show who is to blame.

Get that map printed off and draw the lines on it, send it to the insurance company. This is defo 100% the other drivers fault, you were struck from the side near your rear end, how the hell can that be 50/50?

Don't accept anything less than 100% her fault and a big payout....

Adam

 

spot on!!!

 

Thanks mate, im going to report this to the police tommorow properly.

Diagram for yous




Im going to neaten it up and make it clearer thats just a draft

 

Totally her fault. Under no circumstances should she have left the scene either. The police should have been called and both parties breathalised for starters and IMO a traffic officer called to the scene and the road all marked up to assess speeds and positions etc

 

having read some of the posts,the OP is more so correct when he said it could go 50/50 This is because for a while now ins companies have considered that almost anyone can be to blame for so many reasons on an island.

How ever I hope you get more than this because anyone with a little bit of sence can see who was to blame.

good luck

 

Get a lawyer involved mate

 

You can leave the scene mate,as long as you provide your details etc,it's not for the police to decide who's fault it is,only to take details of the two parties and even then they aren't often reliable.

You will get paid out with no issues at all on that,it's entirely her fault and if you were going a bit fast etc FFs do NOT mention it under any circumstances.

Deal with her company direct,no real need to involve your own insurers as its not your fault,but it does no harm.

Do your personal injury claim through a decent no win no fee solicitor in your local town etc NOT through their own company as you get about 1/5 to 1/10th of what your entitled too,yes some may say it puts up premiums etc but your claim is genuine and she's being a total twat about it.

Take NO shit and keep onto them daily about it,google images is great but also draw out a birds eye view of the area and what happened,positions of vehicles etc,it's an open and shut case.

Btw your car is a write off as well so make sure any goodies you have on it are removed before they scrap it,belongings etc and don't take the first offer,if you have just spent money on it keep the receipts etc.

Do NOT fabricate a witness,you've done nothing wrong,nobody should ever admit liability at the scene of a crash anyway as it's not for you to decide,it's for the insurance company to.

Im not talking out of my arse here as I dealt a LOT with these type of claims in my last business and I know exactly what I'm on about.

Don't forget to claim for EVERYTHING,broken cd's,stained clothing etc,you'll be amazed how much it bumps the claim up.

The mrs got offered £1500 within 1 month from their ins company and £500 for the boy and it ended up £1750 for the boy and £17500 for the missus,that's not a misprint either,just shy of £20000 total from the claim.
Tbh she was hit on the front from someone crossing a box junction and I was told it was likely her fault by Internet morons who know fuck all,the car got repaired and stood up very well (E36 Beemer,very strong cars) but she does suffer from her injuries which tbh only showed up badly a few weeks afterwards so don't be surprised if you are injured without knowing it.

Any advice you need feel free to pm mate.

Also my mate does accident management but I'm not sure you'll need that in this case although if they start being wankers let me know.

 

This sort of thing really boils my piss, I'd be fucking fuming