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Thread: Your opinions on this incident?

  1. #1
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    Default Your opinions on this incident?

    Hi all, just wanted to get peoples opinions on an incident my brother had, of which i witnessed, just to see if I am right in my thinking.


    The incident/accident happened on a 2 lane elevated section of a motorway, speed limit 40. (its as its turning back into an A road)

    Id dropped my brother off to pick up his car from garage, and we were both driving home, me infront.

    Ive driven up the on-ramp/slip road, and joined the carageway, left hand lane. I've looked in my rear view to see where my brother is, where i've seen him and another veichle collide.

    His story is that he approached the give way lines, indicated, looked over and a woman in a Yaris flashed her lights and indicated with her hand for him to go. As he merged out she sped up and struck his o/s.

    Without going into a lonnnggg description, this would tie in with what I saw, Her car was actually in the middle of the two lanes - she infact kept this stance on the road the whole way down to a safe place after the incident. The slip road was one of the very exagerated ones that eventually merge into the lane.

    So - i know theres lots of contradicting stuff with the highway code etc - technically even though she flashed and indicated it would of been up to my brother to decide if it was safe etc etc.

    Anyway, details exchanged,passenger in her veichle, me as a witness for my brother - No independant witness', no cctv, nothing. No liability admitted at roadside, all partys went on their way.

    Accident reported to my bro's insurance, was told a claims manager would be in contact, said man arrives un announced, asked for details, was provided with a cuppa whilst my brother walked him through the incident infront of myself, mum and dad. Brother stated that he was not admitting liability for accident. Claims manager said that ultimatly this would be settled knock for knock as no party was admitting fault. He accepted that if that had to be the case then so be it. Claims manager had breif look at his car before leaving. Saying he'd be in touch, but if we could get location photos, and send him pictures of her damage that i took, it would help.

    Claim for arrives in post two days later,filled out, took a few days for him to get photos sorted etc around work and other family commitments.

    Phoned yesterday to get a quote on a change of veichle, and they said that the accident had been settled, him at fault and monies payed out!!

    Well, 7 hours later and lots of phone calls, His insurance said they settled based on the advice of their claims manager, who said he admitted fault to him!!!!! Insurance confirmed to him they dont have;

    ANY pictures of ANY damage to either car,
    No signed statement or anything from my brother (as it hadnt been sent back yet!)
    No engineers report, no costs of the claim estimated.

    They also confirmed that the TP wasnt in a hire car and wasnt claiming personal injury.

    SO, they settled the claim based on one mans view, of wich was a lie anyway. They are currently looking into the claim as he's formally complained, they even asked him today if they could send an engineer to his car to "see if you were at fault or not"!!!! AFTER the claim has been settled!!!.

    Leaves him at a big loss, his first years )and second probs) no claims down the pan, a damaged car he's still paying for, and a fault accident against him.

    Sorry about the long post, was trying to get it in some sort of order. Worth going to a solicitor, insurance ombusman? Opinions please!!

  2. #2
    Regular Member m8internet's Avatar
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    I would have to agree with the insurance settlement
    The vehicle entering MUST give way, irrespective of the signals given by the vehicle already on that carriageway
    The vehicle entering is therefore at fault, no further assessment is required

    The vehicle entering however would be entitled to repair if covered fully comp, as that is typically covered on the accidental cover on the policy
    However, it sounds if the policy holder has a TPO policy as no further vehicle examination was required

  3. #3
    Regular Member Derek Mc's Avatar
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    Straight away one question where on his vehicle does the damage lie, if this is behind the front rear door jambs then the liability should lie with the TP as the vehicle was in clear view of the TP.
    However sadly any accident where the crossing of a hatched give way is made it alters the liability status to the one with natural right of way, this I'm afraid really does not go in your brothers favour though the scene set paints a very different picture.

    I believe you are correct in your description and the setting and that this person was indeed at a greater level of fault than your brother so I would urge to keep pursuing this matter as it can alter the outcome if fought hard enough.

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    Unfortunalty, m8internet is correct, your brother was entering a new road and therefore responsible for ensuring safe entry.

    If you can find an independent witness to her flashing her lights it might change it, I've known people have liabilty change from them to TP when witnesses have come forward to say they saw the TP flash or use indicators, but he might just have to notch it up to experience

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    Regular Member m8internet's Avatar
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    Quote Originally Posted by neverton View Post
    If you can find an independent witness to her flashing her lights it might change it, I've known people have liabilty change from them to TP when witnesses have come forward to say they saw the TP flash or use indicators, but he might just have to notch it up to experience
    The usual cause of a change in liability where the use of flashing lights occurs, usually comes about from other circumstances
    This includes change lane, changes of vehicle speeds, and so on

    The driver also displayed a hand signal and on a dual carriageway this will really only have one meaning, "straight on", I can't really figure out any other use of this

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    Regular Member hoochydady's Avatar
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    from what u are saying she was looking for a ins claim but as theres no witnesses and u say no cctv its his word agianst hers and the way thats its playd out it looks like your bruvs at fault and thats the way the claims manager has seen it

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    Regular Member john_k_sri's Avatar
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    Default

    Quote Originally Posted by neverton View Post
    Unfortunalty, m8internet is correct, your brother was entering a new road and therefore responsible for ensuring safe entry.
    Yep. Similar thing happened to my sister who collided with another vehile when entering a major road from a minor one, where the driver of the other car was indicating left turn and my sister wrongly assumed that the other driver was intending to take a left turn prior to crossing my sister's exit point. But it was deemed my sister's fault even though the other driver had indicated unnecessarily or had failed to cancel a previous left turn indicator, or had changed her mind about turning left and continued straight on.

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