NFR - Car accident / insurance advice

[Admin]

Ok, so I'm driving down a road today with cars parked on the right hand side of me in parking bays and double yellows on the left where no one can park.

Half way down the road, a women sits stationary beside the parked cars on the right. At this point, I'm not quite sure what she was trying to attempt because there wasn't any parking spaces so, making sure there was no oncoming cars, I drove around her and paased albeit being a bit tight. 

After passing the stationary car, a women pulls out of a parking space to the right of me hitting my car square on the drivers side rear quarter panel.

She claims I hit her but I said wait a minute, your bumper is practically disintegrated and I have a big dent in the side of me motor!

Anyway, old bill wasn't called, we swapped insurance details and off we went. The woman obstructing the road earlier wasn't to be seen for love nor money.

I'm calling my insurance conpany on Monday to give my side of the events but I'm 100% sure this woman is going to claim that I hit her.

I had someone in the car with me, she had someone in the car with her. I got pictures of my car but not hers. If the insurance company look at both cars they can clearly see who hit who.

Anyway, I can foresee this being a long drawn out mess so has anyone hear worked in insurance or can give some advice.

[leonffc]

Did you get photos? Also, make sure what ever damage report you get from a garage is submitted in court (if it gets that far). I got hit by a car reversing out on me. He lied saying he could see me bearing down on him before smashing him up the arse. My 'lawyer' forgot to submit said damage report which would have proved his incompetence due to points if contact.

[Admin]

I've got pictures of the damage to my car but not hers. It shows the big dent on the drivers side towards the rear, so I must of been passing her before she hit me. Otherwise I'd have hit her first, up the ass?

[ScalleysDad]

Do you not have offer up drawings and photographs, even after the event, of the road/junction etc? I would have thought a photo of your damage and a drawing of the incident as it evolved would have even the most biased engineer coming down on your side. Your car cannot move sideways and therefore the impact must have been caused by a car travelling into it. Your passenger will have to offer a statement and cannot fib. I wonder if her passenger will be so willing if evidence starts to stack against the claim the lady driver is making. It might still be a protracted claim though. I had a lady reverse into my stationary 1972 Landrover whilst trying to park behind it. Hardly a scratch on the Landie but her side wing and rear bumper imploded. She claimed all sorts of nonsense such as sun light bouncing off the metalwork newly prepared for spraying blinding her and a tow hitch distracting her. I was not even in when this happened but still got dragged into claim and counter claim. It was ridiculous. Ultimately when my neighbour returned from holiday he had taken a photo on his phone as he got into a taxi to leave for the airport. Timed and dated and suddenly it all went quiet ? Line up the facts, measure the road and see if you can photo the spot ideally with a similar scenario of badly parked cars.
Good luck with it.

[YankeeJim]

Not sure of the laws in England but the two basic rules of the road are: 1. you must keep control of your vehicle  and 2. you cannot invade another persons space. Now it would seem that she violated rule #2. When speaking to a claims adjuster or a policeman never say you didn't see the other party. Both are trained to take this as inattention on your part. In other words, you should say something like this: "The road was blocked by the improperly parked vehicle. I saw the road ahead was clear so I proceeded to go around it. I saw the woman in her car and I thought she saw me and just as I passed her she pulled out and struck the back of my car." Yea I know you said the quarter panel but poetic license is called for here. Photos of vehicles are pointless because almost all insurance companies will take there own to substantiate property damage. Photos placing the vehicles at impact, skid marks and placement of any damaged parts (glass or plastic bits) that may show where the cars were are worthwhile. As an example, if the parts are in the middle of the street she was partially out and perhaps you should have evaded if they are closer to her parking spot than she likely pulled into you. Cheers.

[leonffc]

If your insurance company provide decent briefs you'll be fine mate.

[Lighthouse]

There are so mnay claims nowadays Insurance companys don't care very much and pay out and put the fees up anyway. All the pictures and proof will not change that.

[Forever Fulham]

She pulled out into traffic as your were passing her.  You were presumably driving at or below the posted speed.  In North America (I would assume it has to be the same in England) every state (and province, I think) has a version of the Assured Clear Distance Ahead doctrine.  We all learned it from the layman's explanation as teenagers: In a rear end accident, the person behind is always at fault.  

But the legal doctrine is that motor vehicle operators must always maintain control of their vehicle to provide an assured clear distance ahead of them so as to avoid collisions/accidents.  There's an exception to the rule.  It's called the Sudden Emergency doctrine.  If the driver in front does something so wholly unexpected so as to cause the driver in the rear to swerve or take evasive action otherwise of no fault of his own, then the emergency acts to negate the liability which would otherwise fall upon the vehicle in the rear.  And example:  Driver Y, following a reasonable distance behind Driver X, respecting the then-current road and weather conditions, suddenly sees someone chuck a baby out of Driver X's vehicle in such a fashion that it lands and is bouncing in the same lane in which Driver Y is following from behind.  Driver Y swerves to avoid hitting the baby.  Y get to use the sudden emergency exception.  OK, that's a ridiculously extreme example, isn't it?  But is still illustrates the general rule and its exception--at least in North America.  I think the manner in which the accident occurred puts the liability squarely on the other driver.  She was pulling out of a parking space, yes?  And she failed to yield to approaching and passing traffic in the most immediate driving lane into which she drove her vehicle.  You wrote she hit your vehicle in the rear quarter panel of the driver's side.  Thus, she commenced pulling into your driving lane after the front of your vehicle had already passed the front of her standing vehicle.  You were in front of her.  She had a duty (if English law tracks N.A. law) to maintain an assured clear distance ahead within which to operate her vehicle.  She failed to do so.  Res ipsa loquitor.  The thing (location of the damage on your vehicle) speaks for itself.  She also failed to yield to oncoming traffic.  You managed to swap insurance details.  Good!  Contact your agent if you haven't done so already, and that person will get an adjuster to contact the other side, arrange for an inspection, photos, etc.  I think you are in a good position but for having to deal with the annoyance of getting it repaired.  

[Logicalman]

Admin,

If there were no injuries (and as the Police were not informed I guess there weren't), then as a damage-only accident, the Insurance companies generally deal with their own. Did you get piccies of the cars in situ, or were they moved before you got out to discuss it with the other driver?

Have you informed your insurance yet? You should contact your agent (if you have one) and discuss it with him/her, because unless you have some claims protection (dunno if that is offered there or not now), then your in for the deductible (if any) plus increased premiums. Pain in the rear it might all be though.

If you are going to make a report, make sure you get all the usual stuff like time of day, weather. traffic and road conditions, your speed and all that jazz.

[Admin]

Admin,

If there were no injuries (and as the Police were not informed I guess there weren't), then as a damage-only accident, the Insurance companies generally deal with their own. Did you get piccies of the cars in situ, or were they moved before you got out to discuss it with the other driver?

Have you informed your insurance yet? You should contact your agent (if you have one) and discuss it with him/her, because unless you have some claims protection (dunno if that is offered there or not now), then your in for the deductible (if any) plus increased premiums. Pain in the rear it might all be though.

If you are going to make a report, make sure you get all the usual stuff like time of day, weather. traffic and road conditions, your speed and all that jazz.

No, cars were moved as they were blocking the road. We both pulled over to the side to discuss the incident.

I've never had an accident in my driving life so at first, I was all apologetic about the situation but then thought to myself, hold on, you've just driven into the side of me from a parking space, not the other way around.

We exchanged details and she proceeded to tell me "I can't believe you just crashed my car". At this point, I thought I'm just going to keep my mouth shut and report the accident to my insurance company in the morning, which I have just done.

Based on my side of the events and where the damage is on my car, the woman informed me that she is confident that it's a non-fault accident from my side and that her insurance company won't even pursue it.

I'm not to sure and can't see it being this easy!

[epsomraver]

At worst it will be knock for knock and you will get your car repaired and if you have a protected policy you lose no bonus. Going on the way things are though you may find she has filed a whiplash injury and claiming thousands off of your insurance, wait till the lawyers get involved  :hook:

[alfie]

In my opinion for what it is worth she pulled out of a parking space into the side of you, her fault not yours.

[mikeyffc28]

I had a similar situation where someone pulled out into the side of me.  I really do feel for you, it was a bloody stressful time 090.gif trying to even get my own insurance company to support me as they wanted to go 50/50 responsibility unless they get someone admiting liability.  Annoying at the time, but fought hard and she admitted liability in the end when I proved she was lying.

When the insurance co send an inspector to take pictures of the damage they should be able to advise if the damage shows a clear indicator of liability. From your description of having a dent in your car that would indicate an impact on your car rather than you having a long "scratch" which would indicate you having moved into her vehicle?? Good luck sorting it!  :54:

[jarv]

Sounds like the same woman who hit my car many years ago. I watched as she tried to drive through an adequate space, hit my car and then said it was my fault because of where I had (legally) parked. I was going to say forget it until she said "it's ok for you but my car is brand new"  :58:  I got some money off her and fixed it myself and then :beer:

[nose]

My daughter was part of one of those scams a few years back when people faricated a situation that looked like a minor thing was your fault and then they claimed vast sums of money.
assuming this isn't that, if she was pulling out of a parking bay it must be her fault providing you were excersing due care and attention. Stick to the absolute 100% truth, try to recall everything and do not let her get away with anything incorrect. Only talk to your own insurance company, this is most important. They will deal with it, but somebody above said it will be knock for knock, it often is but the way you describe it you may be lucky.
If you are approached by her anyone purporting to be her insurance company or solicitor or somebody acting on her behalf, then immediately refer them to your insurer's and let your insurer know that has happened.
Good luck.

[Admin]

My daughter was part of one of those scams a few years back when people faricated a situation that looked like a minor thing was your fault and then they claimed vast sums of money.
assuming this isn't that, if she was pulling out of a parking bay it must be her fault providing you were excersing due care and attention. Stick to the absolute 100% truth, try to recall everything and do not let her get away with anything incorrect. Only talk to your own insurance company, this is most important. They will deal with it, but somebody above said it will be knock for knock, it often is but the way you describe it you may be lucky.
If you are approached by her anyone purporting to be her insurance company or solicitor or somebody acting on her behalf, then immediately refer them to your insurer's and let your insurer know that has happened.
Good luck.

As it happens, I got a text on my phone today saying can you ring 0845 ***** to discuss your recent motor claim. When I called, I thought hold on, this isn't my insurance company and when asking who it was, they said the insurer of the other party wanting my side of the story. I said bollocks, I've given that to my insurer this morning, phone them! Crafty sods..

[nose]

My daughter was part of one of those scams a few years back when people faricated a situation that looked like a minor thing was your fault and then they claimed vast sums of money.
assuming this isn't that, if she was pulling out of a parking bay it must be her fault providing you were excersing due care and attention. Stick to the absolute 100% truth, try to recall everything and do not let her get away with anything incorrect. Only talk to your own insurance company, this is most important. They will deal with it, but somebody above said it will be knock for knock, it often is but the way you describe it you may be lucky.
If you are approached by her anyone purporting to be her insurance company or solicitor or somebody acting on her behalf, then immediately refer them to your insurer's and let your insurer know that has happened.
Good luck.

As it happens, I got a text on my phone today saying can you ring 0845 ***** to discuss your recent motor claim. When I called, I thought hold on, this isn't my insurance company and when asking who it was, they said the insurer of the other party wanting my side of the story. I said bollocks, I've given that to my insurer this morning, phone them! Crafty sods..

just seen your reply. It may be in order BUT any reputable insurance company shouldn't be calling you. Let your insurance know they contacted you directly, they will not like it. Give them the phone number. i am not an expert but I do have a friend that drives his car like a dodgem so got to know some of the procedure.

[Admin]

Update: As fully expected, the woman has now disputed the claim by saying I drove into her after after overtaking another car.

True, I did overtake another car that was sitting idle in the road, but after checking the oncoming was clear and going around the stationery car, she then pulled out of a parking space to my right hitting the drivers side, rear quarter panel of my car.

With the damage being that far back, tells me that I was actually passing her before she hit which was my right of way. If truth be told she was to busy gassing to her mate and didn't check before pulling out.

Got a feeling it's going to get messy now as they are sending out and accident report form for me to fill in.

Plus the center of my back between the shoulder blades is killing me today  :dead horse:

[epsomraver]

You will have the lawyers on the phone soon, surprised that they have not yet, I took a friend to Sutton who had quite a bad knock in an accident to a GP surgery at 7 pm  for assessment , the place was heaving! I sat outside and waited for him and watched whole families going in all hunched over and coming out laughing and strolling off down the road, my friend came out at 9 pm, they blame the lawyers for this " whiplash " culture, what about that GP who in 2 hours saw 15 people at £90 a time for the insurance companies?

[alfie]

Update: As fully expected, the woman has now disputed the claim by saying I drove into her after after overtaking another car.

True, I did overtake another car that was sitting idle in the road, but after checking the oncoming was clear and going around the stationery car, she then pulled out of a parking space to my right hitting the drivers side, rear quarter panel of my car.

With the damage being that far back, tells me that I was actually passing her before she hit which was my right of way. If truth be told she was to busy gassing to her mate and didn't check before pulling out.

Got a feeling it's going to get messy now as they are sending out and accident report form for me to fill in.

Plus the center of my back between the shoulder blades is killing me today  :dead horse:

If you had driven into her the damage to your car would have been at the front, as you say the damage to the rear quarter clearly means that you were already passing her before she drove out, she clearly was not paying attention or checking her mirrors.