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apples12

Wife was involved in a car accident, advice sought

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Hi all

My wife had a car accident about a month ago, going through the claims process using a management company.

 

Circumstances surrounding the accident were as such..

Wife and third party approaching a roundabout, the dual carriageway splits into 3 lanes for the last 50-100yds, there are no road markings or signage saying which lane to be in for each respective exit. 

 

The roundabout is a typical 'X' in that it has 4 possible exits. To the left as you approach is a split dual carriageway (2+2), opposite but not quite 180degrees is normal 2 lane b road, to the right is another split dual carriageway (2+2).

 

My wife was in the left most lane, to go straight ahead/over the roundabout.

 

Third party was in middle lane and wanted to turn left. 

 

Third party says 'didnt see' my wife's car, went into the drivers side of my wife's car. 

 

They are now disputing liability.

 

I have 2 separate recordings of 3rd party admitting she was in the 2nd/middle lane and wanting to turn left. 

 

How could this pan out? I am loathe to accept a '50:50' as we don't feel my wife was in the wrong at all here.

 

Highway code if memory serves me right is stay as far left as possible unless turning right, back on yourself or road markings dictate otherwise. 

 

Any tips/advice?

 

 

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On the face of it the third party is in the wrong & has also committed the cardinal sin of effectively admitting liability by her statement about road positioning. 

This is a mistake that we have all made at various times, but all she had to do was drop back & switch lanes prior to making her turn. The lack of road markings doesn't help matters, but turning into your wife's car is surely proof enough.

You don't say if your wife has any dashcam footage although a side impact will not be recorded, but at least it would prove the road positioning of your car on the approach to the junction.

Hope it goes well for you & your wife.

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So the third party hit the side of your wife's car with the front of hers?

 

Unless your car can go sideways then your wife 's car was hit not the other way around.  The laws of physics tend to support this theory.

 

So the third party attempted to turn left when it was not clear to do so, as that position was unready occupied by your wife.  Surely this would fall under an undue care and attention remit which would be supported by dash cam footage.

 

Was the third party on her phone / texting at the time of the incident, digital time stamps from phones / dash cams could confirm or deny this.

 

Did the third party have a dash cam?

 

Why can't people just be honest and accept the responsibility / consequences of their actions.

 

Then there are the insurance companies who are likely not interested in the truth only the balance sheet so if they go 50/50 will both gain when they jack up both parties insurance premiums down the road.

 

The question is surely do you just want to roll over and be shafted by the insurance companies or fight it all the way?

 

Stay safe and best regards,

 

Mick

 

 

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4 hours ago, Ordnator said:

So the third party hit the side of your wife's car with the front of hers?

 

Unless your car can go sideways then your wife 's car was hit not the other way around.  The laws of physics tend to support this theory.

 

So the third party attempted to turn left when it was not clear to do so, as that position was unready occupied by your wife.  Surely this would fall under an undue care and attention remit which would be supported by dash cam footage.

 

Was the third party on her phone / texting at the time of the incident, digital time stamps from phones / dash cams could confirm or deny this.

 

Did the third party have a dash cam?

 

Why can't people just be honest and accept the responsibility / consequences of their actions.

 

Then there are the insurance companies who are likely not interested in the truth only the balance sheet so if they go 50/50 will both gain when they jack up both parties insurance premiums down the road.

 

The question is surely do you just want to roll over and be shafted by the insurance companies or fight it all the way?

 

Stay safe and best regards,

 

Mick

 

 

Unfortunately no dashcam footage, they were waiting to be fitted as we'd not had the car long.

 

You've pretty much hit the nail on the head 

 

3rd party front passenger corner hit drivers side (both doors mainly) on wife's car. 

 

Letter from her insurer disputing it says my wife was apparently in the left lane and wanted to turn right whilst 3rd party was in the right lane wanting to turn right.

 

Despite me having 3 separate recordings with her stating unequivocally she was was in the middle lane and wanted to turn left. 

 

Now 3rd party is alleging my wife was speeding and there was a gap where 3rd party was going to go left and when she went to turn my wife had somehow got into the gap..overlooking the fact that 3rd party is now saying she was trying to turn left at a roundabout from the middle lane. Wtf. 

 

I'm just fed up with it all but no way are we rolling over and taking it on the chin. 

 

Naive me thought the old lady would stick to her original story. Good thing I'd recorded calls. Admissible as evidence or not, it at least shows she can't make her mind up about what happened. Just plain dishonesty. 

 

Fortunately everyone okay, wife was sore for a few days but that's it.

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Isn't that the usual insurance company trick, try and blame the other, they spin this out for ages then all of a suddenly agree and it gets sorted.

 

However....

 

This is the relevant bit from the Highway code, with a picture showing your wifes exact route, rule 185.  You and your wife are correct. 

 

https://www.gov.uk/guidance/the-highway-code/using-the-road-159-to-203

 

Your wife pictures this everytime she approaches a round about.  Left lane for straight on as that is what is shown in the picture in the Highway Code.

 

Hold your ground.

 

But this is the most important bit of it all.

 

On 27/05/2021 at 20:24, apples12 said:

Fortunately everyone okay, 

 

Cars can be fixed or replaced, its a bit harder with people.

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