'Accident' advice - where to get it?

[jdo]

Hi,

A friend of mine has recently been involved in a minor (but potentially costly) 'accident' with another vehicle. I won't bore you with the details here, but just wanted to ask if anyone on this site works in the legal or insurance professions and could offer me some basic unofficial advice.

Thanks

[2SkodaFamily]

The best accident advice I can give is - DON'T! :p

Edited 30 November, 2010 by 2SkodaFamily

[2SkodaFamily]

Seriously though, other than making sure you have exchanged details with the other party, there's not much to say, other than make sure your insurance company is informed.

Without more details, we can't really help any more than that I'm afraid.

[Ian_D]

I work in insurance and have had my fair share of experience in managing accidents.

It's hard to give advice without knowing detail.

There's plenty of general advice on the internet and you might find some to fit.

I'd advise anyone to:

Read their insurance policy.

Don't deal directly with the other party - use their insurance company, a legal firm or the courts as appropriate.

Note that motor accidents bring out the worst in people and expect the other party to behave unscrupulously.

Don't hesitate to pay for proper advice from the many legal firms advertising.

Good luck.

Ian

[jdo]

Thanks both for your reply. I didn't include the detail as I thought it would put people off replying! I'll give as short a summary as I can. The reason for asking for some general unofficial advice is that my friend is only 18 and recently passed his test. He is currently considering not involving insurance but paying out of his own pocket because he figures it will be cheaper for him in the long term than the increased premiums through having made a claim. However I think he is not in anyway at fault and should therefore involve insurance to clear him of fault. Its of course possible that I'm wrong, hence my post on here:

He had safely edged out from a side road onto a well lit main road (30mph limit) in order to turn right. So was therefore stationary and blocking the nearside carriageway (traffic coming from his right). As he waited for a gap in the traffic coming from his left, a driver coming from his right elected not to wait but to drive around the front of his car (and therefore crossed the centre of the main road they were on). However, this driver mis-judged the size of their own car and as they moved back onto the correct side of the road, clipped the front left side of my friends car with the rear left of theirs. They are claiming it is my friends fault for the incident as in their opinion it was illegal for him to be in that position on the road.

I have no professional legal or insurance claims experience but I disagree with their position. I have been driving for 18 years and regularly do the same manoeuvre if necessary in busy traffic, and see countless other motorists do the same. Is it really illegal? In my opinion, they cannot claim to have not seen my friend as they obviously carried out a manoeuvre to drive around him, and in doing so crossed to the wrong side of the carriageway. Surely they are the ones at fault? Is their any legal strength in arguing that in seeing him, they should have waited and given way to him?

Your opinions greatly appreciated.

[robmawer]

They are claiming it is my friends fault for the incident as in their opinion it was illegal for him to be in that position on the road.

Not illegal, no.

However, despite legality the other driver would have right of way on the road, which could possibly count against your friend - whether the fact it was the other driver who drove into your friend would make it 50:50 or not I don't know...

[rwbaldwin]

First of all, you are required by your insurance policy to inform your insurer of any accidents. Failure to do so may invalidate your policy. It the other party claims through their insurance company, then your insurance company will find out anyway.

As for the claim, I've seen something similar go knock-for-knock. You may only pull out of a side road when it is clear to do so and you will not cause another vehicle to brake or swerve to avoid you. You should have waited for the other car to pass. You don't have the right to block the lane in order to force your way into traffic from the left.

Having said that, I would think that the other driver was to blame for hitting your car (assuming your car was stationary as the other car approached and they would have had time to stop safely).

[jdo]

Thank you for your help.

[Ian_D]

What you're friend did is not illegal.

Technically, the other party is 100% in the wrong if things are as you say but there is a chasm to jump to get compensation from the other party, particularly as he can claim that your friend moved forward into him.

Tell your friend to read his policy, deal only by letter and be firm - not to be bullied.

What he does next depends on witnesses;

If he has independent witnesses and appropriate evidence, I'd sue the other driver in court (either for loss of no claims, increased premiums or for cost of repair; cost is £100 to file, £300 if go to court) after telling my insurance company of my intention and requesting them not to get involved.

If he has no witnesses and/or insufficient evidence, then if he involves his insurance company then it will just pay for its own client's repairs under knock-for-knock and put a claim against his record, but if he does not involve the insurance company (he doesn't have to) then he can pay for his own repairs, refuse to pay the other party and consider risking going to court. He could take your friend to court, but a judge is unlikely to find in the other party's favour in the circumstances given.

Get your friend to check if they have the same insurer - this happened to me once and I persuaded the insurance company to pay up and not record a claim against me as under my legal insurance they would effectively end up suing themselves in court.

Good luck,

Ian

ps I've been to court twice over cars, with one settled before court and one won in court, and it really is easy.

pps I'm assuming your friend has given insurance details - if not, then tell him not to until he wishes to involve his insurance company (there is a legal requirement to swap name, address and registration details but not insurance details)

Edited 1 December, 2010 by Ian_D

[Rich_N]

Actually your friend has committed an offence under S36 of the Road Traffic Act 1988 (failing to comply with a road sign) and possibly S3 RTA 1988 (Careless and Inconsiderate Driving - more commonly known as Driving Without Due Care). Remember that the Give Way applies to traffic coming from both directions and NOT just the right. You MUST wait behind the Give Way road markings until the way is clear in BOTH directions.

The highway code clearly states that you Give Way to traffic if emerging onto another road - even if you have to wait for ages. The other driver didn't plough straight into your friend, it was as a result of him trying to squeeze past a car that was unlawfully causing an obstruction of the highway (another offence). I would argue that the other driver had also committed an offence under S3 RTA 1988 - but that if your friend had not been there the collision would not have taken place.

Lets put it this way - if the police had got involved then I suspect that your friend would certainly be facing court but I'd hedge my bets on the other guy.

It's for the insurance companies to decide - but it was clearly an offence (or 3) and therefore illegal.

Sorry to be the bearer of bad news.

Rich

[Lou_O]

You have to love the internet

What you're friend did is not illegal.

Technically, the other party is 100% in the wrong ...

Actually your friend has committed an offence under S36 of the Road Traffic Act 1988 (failing to comply with a road sign) and possibly S3 RTA 1988

...

It's for the insurance companies to decide - but it was clearly an offence (or 3) and therefore illegal.

Edited 28 January, 2011 by Lou_O

[Stevoraith]

Actually your friend has committed an offence under S36 of the Road Traffic Act 1988 (failing to comply with a road sign)

I couldn't have backed it up with Road traffic act quotes but I was pretty sure that pulling out into the middle of the road and blocking one carriageway while you wait for the other to become clear was not the way it should be done!

I do sympathise with your friend as the guy who crashed into him was obviously not doing the sensible thing which would have been to wait, however, you can't expect to pull out of a 'give way' sideroad and then make people on the main road give way to you until your manoeuvre was completed.