Am I at fault

El lugo

Hi I was involved in a car accident. I was turning right and was hit by an on coming car in the rear passenger side. I only turned right as I could not see the on coming car. My insurance say I am fully at fault. I feel the driver who hit me was traveling too fast to stop and because of this was not driving with due care as they could not stop in time. Just wondering people's opinions or has anyone been in a similar situation

Heinzer

I don't think it matters what you believe in this situation. If your insurance company are saying you are at fault they will pay out and not back you.

Skatedude

You pulled out in front of a on coming car? Unfortunately that is probably all the insurance company needs to declare you at fault.
I'd recommend getting a dash cam fitted as it's the only real way to confirm your side of the story that the other driver was speeding, but it would probably still go against you in this case. but may hep if they decided to also go after injury claims etc.

El lugo

Yeah that's pretty much what they said as well that I crossed the other drivers path. So that's all they need to say I am fully at fault. Ha ha ha the dash cam has been bought and fitted now hopefully I will never need it

Skatedude

El lugo wrote: »

Yeah that's pretty much what they said as well that I crossed the other drivers path. So that's all they need to say I am fully at fault. Ha ha ha the dash cam has been bought and fitted now hopefully I will never need it

We always fit a dash cam after we needed it. Just never before. and hopefully you will never need the footage.

NUTLEY BOY

There is no real answer on liability if you make a right turn across the face of oncoming traffic.

The only mitigation might be contributory negligence on the part of the other driver arising from speeding. If you could prove that the other driver was speeding and that his speed contributed to causation there might be an argument. This is a difficult thing to prove.

El lugo

Yeah I agree unless there is somebody standing there with a radar gun you can not prove speed. I was told cctv does not even prove speed

Cordell

A front to side crash with no injuries? It's very unlikely that the other driver was speeding.

El lugo

I wasn't injured but the other driver is claiming my insurance for injuries

Cordell

From the lack of details I can only assume that both cars were drivable after the fact and both drivers were uninjured except for small injures like scratches and airbag rash. On that assumptions, he was not speeding.

But if you feel that he's also at fault probably it's best to consult a solicitor.

El lugo

Thanks again for the advice. I never really thought of it like that. You are right both cars were driving besides a punctured tire. Well just have to accept it now. Can't wait for renewal day now

muckbrien

OmegaGene wrote: »

Protected no claims bonus is handy for little bumps like this

The ncb is protected but the base premium still rises

muckbrien

OmegaGene wrote: »

It does but not as much as if the person went back to zero no claims

I don't think the base premium is related to having a no-claims

Pretty sure the base premium goes up the same regardless of having a no claims and then your bonus is taken off if u have it

Maybe someone can confirm either way

muckbrien

OmegaGene wrote: »

I didn’t say the policy premium won’t increase

If you have 9 years protected no claims bonus you get a discount from your insurance company, off hand I can’t recall the % amount
If you have a claim in the last x amount of time I think it’s either 2 or 3 years then the premium will rise but discount is still applied for the no claims bonus

Ok
Was talking about the base premium before ncb is applied

Not the final figure

djan

As you crossed the other driver's path, you are fully at fault. Even if the other driver was proven to be speeding, it would make no difference to you. Similair situation happened a while back when a young lad got taken out by a car doing double the limit but as he was coming from a minor road, he was still at fault.

Hopefully the other side wont push on with "back pain". Glad nobody got hurt badly though!

muckbrien

OmegaGene wrote: »

I was talking about protected no claims bonus and dash cam being good for things like this
For some reason you quoted me about the price going up

I didn’t mention price going up because that’s obvious

Go back to your post at 07:52 where the disagreement started about the base premium rising.