Yesterday I had to swerve on to the grass verge to avoid a head on collision with another car, potential impact speed of 100mph+, or collide with the car in front that had already been taken out. In doing so I hit the curb at between 40 and 50, not sure as I think I had my eyes shut! In the process I have chipped front wheel in two places and filled the under tray with mud, most likely knocked the tracking out as well. Obviously I do not want to pay for this or claim on my own insurance. Still waiting for the police to come and get my statement. Any advice for getting these relatively small issues sorted.

Many thanks in advance.

If any one wants to moan about my lack of sympathy, the driver causing the accident was more than twice the drink drive limit and I had my 19 month old son in the back. The only person hurt was the drunk driver, although not to seriously.

I would guess that it will be tough to claim of anyones but your own insurance, especially as you weren't actually hit by the other vehicle. Unfair but their insurance will argue you can't prove there would have been an accident other than the one you caused yourself by swerving.

Glad you and the little one are both OK and hopefully the damage won't be too expensive.

Presumably the police attended, as you know he was over the limit. I'd get his details off the police, the reference number for the accident and pass it all to your insurance. May be a long shot but nothing ventured nothing gained.

Best of luck. At least you and your son were unhurt.

Where was the car you had to avoid? If it was the car in front of you and it was still in its lane then one could argue that you should have been able to stop else you must have been driving too close to the car in front.

Please understand I'm not sugesting that this wad the case but I'm playing Devil's Advocate!

As others have said, glad you were ok. How is everyone else!

The police should be able to give you the details of the accident reference and other drivers details , you can pursue him for a claim , he caused the accident you dont need to hit someone to claim off them

The car in front ended up backwards/sideways over both lanes, I swerved to avoid the oncoming car in the wrong lane and to avoid the car that abruptly stopped in a far shorter distance than would be expected of any breaking distance.

Yesterday I had to swerve on to the grass verge to avoid a head on collision with another car, potential impact speed of 100mph+, or collide with the car in front that had already been taken out. In doing so I hit the curb at between 40 and 50, not sure as I think I had my eyes shut! In the process I have chipped front wheel in two places and filled the under tray with mud, most likely knocked the tracking out as well. Obviously I do not want to pay for this or claim on my own insurance. Still waiting for the police to come and get my statement. Any advice for getting these relatively small issues sorted.

Many thanks in advance.

If any one wants to moan about my lack of sympathy, the driver causing the accident was more than twice the drink drive limit and I had my 19 month old son in the back. The only person hurt was the drunk driver, although not to seriously.

Self & kin preservation is paramount. Money will work out later, so sympathy is about right, should not be able to start a car with a limit exceed.

I can't offer much, but what I am aware is that if the carriageway is a single lane, i.e. b / c road it's likely to be a 50/50 split without obvious fault by one party. Also the running into the back is not as black and white as it could be, following a 6 car shunt on the m6 ( I was the 1st car of the shunt) after 12+ months it was the third car back deemed to be at fault, despite 3 more cars hitting behind him. I guess as we'd all seen him weaving and undercutting for the past few miles, it was waiting to happen.

Glad you are both ok, get the insurance co on it and get an extra hug.

He's liable. The road traffic act sets out the definition of a road traffic crash and the need to exchange details. Even if there's not been any contact between vehicles, owing to the presence of a vehicle on a road you would be classed as being involved. He caused the crash through his driving which is also backed up by the drink driving aspect. I don't see any issues with the insurance, especially as the police took your details at the scene.

Playing Devils advocate here, which is how the loss adjuster will view it perhaps. You mention you swerved to avoid a now stationery car, in which case you'd be at fault. If you hit anything in the road that's not moving because you were following too close or driving too fast then they will not pay up. Just saying, not necessarily my opinion. If nothing else make sure you don't use this description in your statement.

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I can think of lots of circumstances where one might hit a stationary object without being at fault it's not that cut and dried

Finally managed to get a payout from the insurance, made a third party claim direct ended up with ££££

That is a good result. Did you get all you claimed for?

Managed to get a set of 4 Mitchelin PS3 to replace the Barum rubbish that were on there, now much better in the wet. Overall has worked out with me in pocket!

Nice one..no innocent people hurt..and a drunk off the road too (hopefully ) I expect plod had no symaphy with the DD when they wrote up the accident report which would have worked in your favour. The insurance company may have taken the view that you couldn't have been expected to drive at speeds to avoid potential drunks causing accidents coming from the other direction- bit of what could reasonably be expected to happen.