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road accident - who's to blame??


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there i was coming back from wales, stuck behind about 6 cars, MASSIVE long straight with nobody coming the other way.

Tractor turned in so cars were only doin about 20mph in a 60 limit. Nobody overtook.. So..

I signaled right, i had my lights on (was about 3pm though, better to be safe) when somebody about 3 cars infront of me pulled out right infront of me without indicating. I slammed on brakes but just nudged her back end as she didn't see me at all!!

We agreed to sort things out private as she was only 18 and would stick her insurance up, and i'm a mechanic and can do it myself anyway.

Anyway, i sent her some links to stuff to replace my hella light cover and front grill. Cost £50 and then the paint for grill. Not bad when you think i could have said it's a new headlight which only come in pairs and are £200. Then original grill painted by vw which is close to £200.

She wrote back saying that she refuses to pay as i ran into her therefor it's not her fault. But, here is a link from directgov which is partner of DVLA - note 162, 2nd bullet point.

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070314

Do you agree i'm in the right and it's her fault as I was already committed to the move and she didn't check blindspot or mirrors.

Not bothered about damage really, but what if i was a biker, who'd be to blame for manslaughter...

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First off I would of put it in hands of insurance.....fuck her increase in premium. As its now panning out with her saying she aint paying. Pass her details on to your insurance and let them deal with her.

As for blame, how you describe it, it would be her fault.

But screw her for every penny...i would

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yeh the reason why she initially agreed on settling it because she knew it was her fault but someones obviously told her it was you who hit into the back of her which means your liable.

Loads of scams are going around where people deliberately brake harshly so somebody (usually lorry drivers) behind hits straight into them knowing that they will be in the right in terms of liability but importantly the compensation claims.

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Loads of scams are going around where people deliberately brake harshly so somebody (usually lorry drivers) behind hits straight into them knowing that they will be in the right in terms of liability but importantly the compensation claims.

even take out brake lights as well :@

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Did she admit it was her fault at the side of the road after the accident? That is usually a clear indication of who was to blame in the eyes of some insurers which is why they tell you to never accept responsibility. Also were there any independent witnesses?

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there was nobody, they saw it but nobody stopped. Yes she did admit it at the side of the road and i arranged by text that she paid for the parts. I have the texts to proove it.

My girlfriend was in the car but they wouldn't listen to her as her company would say she'd be biased.

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there was nobody' date=' they saw it but nobody stopped. Yes she did admit it at the side of the road and i arranged by text that she paid for the parts. I have the texts to proove it.

[b']My girlfriend was in the car but they wouldn't listen to her as her company would say she'd be biased.

Dont say its your girlfriend then!!!

But if thats only witness then can only be good

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I was hit from behind in my work car recently with a pupil driving. My insurance wouldn't accept a witness statement from him, as he was in the car (driving) under my instruction so I doubt they'll take your G/F as a witness. It has to be an independant witness.

The fact that she admitted liability should count in your favour but as the guys have said, let your insurance take care of it asap.

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Chase it...........contact your insurance and tell them everything. They will then get onto her insurance and get it sorted........did I hear whiplash as well?

saying that, my neck has been sore today. and being a mechanic i rely on being in good shape!! How do i go about it or will this be through insurance too! the compensation could cover the amount that my insurance goes up depending if it went through.

what would happen though if they said i was to blame. That's what her insurance are going to argue? She had 3 other people in the car too. I take they were probably talking and not paying much attention to the road. I was in the car already for hour n half with mrs so i used concentration as an excuse :D

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But then again.....if you went into the back of her then technically its your fault regardless of what happened previously. obviously she had changed lane enough to make it possible that you hit her up the back

Umm, an accident that I was involved in was blamed on me and they won.

I was coming off M40 doing around 60mph keeping about 2secs behind car infront. Mrs landysport comes strait over from lane 3 doing around 70mph cutting up cars to squeeze into my braking distance. Car infront brakes heavily anyway just as landy is pulling into gap and jams on her brakes, as do I but I hit the back off her smashing headlampcovers and bending bonnet along with totaling my rad.

She pulled over and I did so too. Claimed I was speeding off motorway.......basically claiming I did what she did only that I was behind her. Witness pulled over and argued my case to her because a mile or so up the road, she pulled into lane 3 from lane 2 without signalling at about 55 when this man was just about to go past her at 80.

Insurance companies gave me a summons to court to give my statement and her too.

Despite witness statement in my favour and my statement....and the fact that hers changed 3 times in story....they deemed that I was driving without due care and attention, speeding and that she was the victim. She had the audacity to thank them for making the right decision and told me that I needed to learn how to drive and to be taken off the road....when I got outside, her hubby and herself shouted t**t, gave me rude hand gestures, she flicked a used, lit fag at me before pulling into the path of an oncoming car, forcing it to swerve and brake...then sped off.

I just looked at her insurance companies soliciter and rep and shook my head. Least they did was apologise to me.

My ins on a 1.5 60bhp 106D went third party from 1400 to 2955.

Needless to say....and I do not condone this in anyway, I paid her landy a visit while they slept. Let down all four tyres, removed both wingmirrors, ripped all wipers off it, smashed both headlights and scratched both sides.....yes I'm a complete ****** but I think it was justified.

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To be honest i think most people would do the same in your situation..

anyway.. update..

she's realised that she was mistaken, and after i gave her the link to this thread etc and rules from direct.gov about overtaking.. she has now decided that she doesn't want it to get messy and she'll pay for the parts.

I think she didn't tell "daddy" the whole story in the first place when she got home! :D

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STITCH HER UP id go to her insurance just coz she was being awkward and trying it on, she admitted liabilty then said no. stuff her and her insurance premiums, it'll teach the silly cow to look in her mirrors before pulling out and not to try it on. if ya misses wernt there she would of probably given it the old tear jerker to butter u up.

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i'm going to keep it out of insurance. Partually because she's already bought the parts, and she's paying for the spraying of the grill when i get that done.

plus, a similar thing happened to my mom, but they hit the side of her MR2. She reported it but never claimed as it wasn't her fault plus I got the rubber marks out of the paint with my mop. Anyway.. they stuck her insurance up about £30 baring in mind she's 44 with 18 years NCB.

Now me being 18 with 1 years NCB and a VR6, them putting her premium up by 15% aint much.. but 15% on my premium of £2000 is!

As long as the jobs done properly I don't mind how it gets there. And as for teaching her a lesson, a quick question of "who would be in court now charged with manslaughter if i was on a motorbike?" opened her eyes a bit.

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