Not at fault.......but insurance company seem to be fighting the other claimants quarter!

[robt100]

Hi everyone, hope someone might have an answer for this...

My friend was in an accident the other week, she was doing 70mph down the motorway when someone pulled out of a 90 degree junction right infront of her! She swerved to avoid them, causing her to go head on into the barrier at the junction, which then bounced her back into the car that had pulled out in front of her
Thankfully she was reasonably ok, shes only tiny so had plenty of space to be thrown around in .

Fault is still being disputed. On the phone to her insurance/legal representative in the case the other day she was told.. "well you really shouldn't be undertaking there, you were at fault"   How anyone could assume you planned to undertake a car at 70mph through a barrier I don't know!! Is there any way she can represent herself or change her representative? Or are all insurance companies this retarded? Just want to get it cleaned up for her so she can get some money for the car and the injuries she did sustain and get back on with her life.

Thanks for the help in advance!

[grr666]

90 degree junction on a motorway?

Doesn't ring entirely true to me. 

If it is the civil engineers dropped the ball big time on that one. 

Entries and exits to motorways have a slip road don't they

[Toxicvrs]

Any google satellite views of the junction

[robt100]

A11, just past fiveways heading to cambridge, theres 2 or 3 of them, mostly with crossings right across the A11! thats always a sight to see, some nutter going accross 4 lanes in 2 different directions all at once. Slip roads are a car length long, most 90 degree junctions are wider.

https://www.google.co.uk/maps/place/RAF+Mildenhall/@52.3256916,0.5127852,230m/data=!3m1!1e3!4m2!3m1!1s0x47d83f5577390007:0x3c4fbe16fd59dad

i believe it was that one if that works

Edited 19 August, 2014 by robt100

[littleade]

Did the police attend or does she have any independent witnesses that can back up her version of events. Also does she have any photo's of the aftermath including any skid marks etc. If not the insurers will most likely go knock for knock as it's cheaper for them overall to do that. Another case to justify the cost of a dashcam I'm afraid. Good luck.

[philbes]

A11?  Not a motorway but a dual-carriageway.  Surely the damage to her car (front)  and the car that she hit (side) should back up her version of events?  Also damage to central reservation barrier?  There appears to be no nearside barrier so it must have been the central barrier that she bounced off.

[slider]

Think your friend may be apportioned (at least part of) the blame.

 

Laws HA 1835 sect 72 & RTA 1988 sect 34

146

Adapt your driving to the appropriate type and condition of road you are on. In particular

• do not treat speed limits as a target. It is often not appropriate or safe to drive at the maximum speed limit
• take the road and traffic conditions into account. Be prepared for unexpected or difficult situations, for example, the road being blocked beyond a blind bend. Be prepared to adjust your speed as a precaution
• where there are junctions, be prepared for road users emerging
• in side roads and country lanes look out for unmarked junctions where nobody has priority
• be prepared to stop at traffic control systems, road works, pedestrian crossings or traffic lights as necessary
• children, are looking the other way, they may step out into the road without seeing you.

[Rooted]

Where there are junctions you should well be aware & prepared for road users emerging, but even going at speeds below the national speed limit for the location and aware 

of the conditions, stopping distances you are still going to have trouble avoiding a collision where someone does come out when it was not safe to do so.

 

& in this case, avoiding a full on collision like T Boning a driver right into their cars side, yet can still involve a coming together and really the driver that was proceeding up the road safely ends up in this kind of situation.

 

george

[gadgetman]

Without any witnesses it could be argued they lost control hitting the other party.

Only a witness will be able to confirm the avoiding action

[Phil-E]

Yeah I don't think she really has much chance at getting the other party to take all the blame.

 

I think the best she can hope for is 50/50.

 

Just because you are on a road with a 70mph limit you can just merily plob along at exactly that speed. You have to anticipate upcoming junctions and slow down. Had she have done this she may have been able to avoid a colision at all.

 

Even if the other driver was really in the wrong these junctions can be tricky and hard to guage the oncoming vehicles speed.

 

I often move into the outside lane when approaching these junctions espcially if there is a car there.

 

Phil

[Girardi]

Very difficult to have any opinion on this at all without some kind of picture evidence or witness etc as others have said above, however:

 

My friend was in an accident the other week, she was doing 70mph down the motorway when someone pulled out of a 90 degree junction right infront of her! She swerved to avoid them, causing her to go head on into the barrier at the junction, which then bounced her back into the car that had pulled out in front of her

 

Purely playing devils advocate here, but if you take the other vehicle out of the equation there's no real defence for swerving, losing control and going head on into a barrier and then another car. All that says to me is 'driver lost control of the vehicle', since a lane change should be expected to be a controlled one even at speed.

 

Therefore you could happily argue that the cause of the accident was a loss of control on your friends part, which is probably the line of defence that the other parties insurers would go down. I doubt she'll do much better than knock for knock, tbh. Unfortunate, but likely.

[Rooted]

If you are in a Road Traffic Accident and there is a Fatality, and it was you that T Boned a vehicle coming out onto a Dual Carriageway, 

 

The Accident Investigation will be looking for you have been Braking, maybe locking up, or ABS working and you trying to take evasive action as best you can in control

but still a collision occurred.

 

So in a case of some one making a Driving, Cycling or just a crossing the road mistake, a Driver Taking Emergency Actions might well be swerving, & taking evasive actions

& the vehicle behind and in the next lane might well swerve also.

 

Location, location, location, but also circumstances, & several points of views, depending what vehicle you were in.

 

??

Any updates on the Outcome, or ongoings?