If the third party claims it was your fault as you were on their side of the road, it still doesn't wash.
Unless the centre of the road had a solid white line down it, the position of vehicles on the road is usually a case of 'best fit'.
I mean, if there was only enough room down the middle for one car, then you can't expect to be taking a side.
As for avoiding parked cars, your lack of speed in respect of such, shows what is known as 'due dilegence'. It means you were taking all reasonable precautions but; in this case, couldn't factor in idiots pulling out of a side road, 'forcing right of way'.
Carry a video camera with you. Always handy for recording road accidents, and a lot take stills too.
Yes, I'll know it for next time. Though hopefully there will not be anymore.
So you're in a knock with 4 kids in the car and the damage is disputed, what's the worst that can happen, you lose no claims and pay some excess big deal.
Slap a claim in for the kids, 4 lots of whiplash at £2000 apiece and hey presto new car, whether it's established as your fault, or that of the other driver the passengers claims go ahead.
Where was the damage on your car? This may be able to show who hit who. Years ago my mum was hit in a similar incident (car coming out of side street, hit side of her car, then later claimed not at fault). As the damage was to the drivers door/side of mum's car and front of other car it seemed obvious who had been at fault, though it took ages to sort out. I do remember one phonecall where my mum was saying, "the only was I could have hit her was if I had been driving sideways!" In the end the insurance companies found in mum's favour but it did take a while.
Dave The Ex- Spartan wrote (see)
And a big thank you to Nick for doubling all our insurance premiums with that attitude
Sadly though it happens, and it will inevitably be the legal profession who will encourage you to do it. There is the real reason for your insurance premium hike.
Maybe, Jason. I think the driver didn't want to cause more damage to the BMW by trying to drive it off the bollard himself. He preferred to wait for a garage to send a truck out to lift him clear.
The police were simply doing their job, making sure there wasn't an accident in the meantime.
An update on the situation. I have now received a letter from her insurance company that I am intimidating her going over to her house and if it does not stop police will be called. On the scene of accident she gave me a letter that stated her address but her car reg so I had to go round there with the children to find out what it was but she was polite and I too. I did not go near her house since then. Also, they claim the accident was on another main road coming onto Queensway, it has give way signs. It was not the case, if it was then I would have witnesses as playground was nearby and people were walking there with their children. It is turning out to be a terrible nightmare.
Similar thing happened to us years ago - some guy drove off a slip road of the M1 into my partner - late at night so no witnesses. He gave a false address but she took his reg and traced him through that. He then gave a totally different story of the event - what can you do it's one persons word against another.
In the end it dragged on for over a year and the insurance were still on the case but no real progress - our car was fairly old and still driveable so we decided to put it down to experience - I think the engine went on it not long after anyway. The other half said the guy was rough as **** so I didn't fancy going round and having it out with him.
Hope you get it sorted.
Would there be any reason you'd have used that road ? Do you have witnesses that saw you setting off and it could be shown that the other road was unlikely ?
Maybe people in their houses saw the crash but didnt come out of their houses - I'd think about asking round the area ?
Have you tried to get CCTV evidence? Even if there's none of the scene of your accident, there may be CCTV near the school so you could prove the accident didn't happen there...
Yeah. People wanting something for nothing ! When my car was off the road a couple of weeks back after someone hit it ( see above) the claims management company said As we don't have Audi's we will arrange a 5 series Beemer for 2 weeks A) I didn't want the lobotomy required to drive a Beemer B) Audi fixed my car, did a full valet etc in 8 hours ! See all driving up my premium
I just checked and, these days, lobotomised people drive Audis. There's certainly no lobotomised people driving my M-class BMW.
I spoke to people who lived on that road and they saw nothing. She left the scene quickly and I did not take photos. My fault for that but hers for eveything else. This is the only way I would have driven home from that playground.
A slightly wild idea, but could you check for any debris where the accident happened? Head on into the side of your car should have left something broken, like a headlight or indicator.
If you can prove it was bits from her or your (model of) car, then you could prove where it happened. I'd take a witness with me, if I didn't know a friendly policeman, take lots of pictures, write everything down, and label and bag anything you pick up. (Not sure if any of this would stand up to scrutiny, but could be worth a shot). Bear in mind the longer it's left there the less likely you are to find anything.
If you happened to have a Sat Nav in the car (and turned on) at the time it might have recorded your position. The Garmin Nuvi I used to have did that.
Your mobile phone operator may also have a log of your location, although that may not be accurate enough if the 2 streets are fairly close together.
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