Road Accident Claim OT

Some will know that I had a crash on Monday night writing my car off, at absolutely no fault of my own, and I just need some advice on what I have been told by my insurance.

I am using Winn Soliciters for my medical claim but have to use my insurance as I have no witness details.

Some will knowit, but I was driving north on the A189 and it becomes single lane just after Ashington heading towards Alnwick. I came up to a little roundabout just next to Woodhorn Colliery and turned left, after slowing down for a car that I thought was turning left but it went straight on. As soon as I turned left a car was coming straight at me on my side of the road, he was overtaking another car by the looks of it and obviously didn't know a roundabout was up ahead. The road was split by a curb(pedestrian crossing) and lines which suggest a junction was coming up, so no overtaking should be allowed. The man was eventually arrested for drink driving. The damage was done on the front left bumper, same on his, which suggest he has come well across on my side, possible trying to swerve.

I was told by my insurance that if he says I was on his side of the road then it will be settled 50 50 as there were no witnesses. There was witnesses but we never got their details, it was just me and my girlfriend. The bloke admitted to us and the police that it was his fault, and the police said they would help if need be, but waiting for a police report would take some time.

I couldn't have been on his side, I had just turned left and would have hit the curb, and the other car that was just entering the roundabout. The bloke is totally in the wrong but my insurance said that with head on collisions, it's usually settled 50 50. You can obviously understand my sheer anger at this, as the bloke was drunk and clearly on my side of the ****ing road.

I will hopefully get my medical claim as my back is ****ed, as well as a sprained wrist and whiplash. I have the blokes details so will go ape **** if he lies to claim 50 50. Surely the fact that he was drunk says it all?

What do people think? I have the police to back me up but I don't want it to go that far, what would those who have been in a similar situation suggest?

Cheers.

 

Use the police report as much as possible because he was drunk and shouldn't have been on the road so the entire accident is his fault.

Do not accept any less.

 

Even if he tries to claim I was on his side?

 

This ^^^^^

It may take longer but you'll get full settlement, if you accept 50/50 you'll lose 2 years NCD which will cost you more in the long run.

 

can't see it being 50-50 for a few reasons it's 2 accounts against one,he's admitted liability and he has been arrested for motoring offences.was a police accident unit there?if so they will have a report stating the facts

 

I phoned the police and they just sent a van, but he admitted it to them that he was in the wrong, but I've heard nothing from my insurance that suggest he has told his that he is in the wrong.

 

he can say what he wants the police report will say different just by the accident damage on his car alone shows he was on your side and as he admitted to the police at the time it was his fault to try and say otherwise is foolhardy i wouldn't worry i can't see anything but a win for you.

 

realistically, if he was drunk then he shouldnt be on the road at all. End of story. as OT rightly said, accept nothing less. insurance companies will do anything to prevent having to pay out so many will try and con you, dont believe for a second that they wont. Stand your ground and they will know not to pursue trying to cheat you out of what you are owed.

 

Yep.

Use the police report as much as possible. The bloke will be dragged before a court to face sentencing and if found guilty you should get a full pay out for vehicle and medical expenses.

 

Champion, cheers lads, that's made me feel better. Appreciate it.

 

that will probably be down to the fact he admitted fault and his description will verify it,sometimes insurance firms give you the worst case scenario but it will be contestable and should be if they go down that route but as soon as they get all the details i'm sure it'll go your way.

 

There will be skid marks on the road which will show he was on your side of the road and the police should describe the positions bothe cars were in e.g on yourside of the road.
Also if the people they were over taking were still at the scene when the police turned up, they should have their details as well to use as a witness.
As in all insurance claims either car or personal injury you need to wait for all accounts and evidence to be gathered in before you can see what has been said and contest anything.

Chances are he'll be convicted of Drink Driving and his insurance will only pay you out and not him.

If anything your insurance will be busting a gut to get all the blame on him so they won't have to pay out. The drink driving will go in your favour.

 

Stick with it Leazes the police report should see you home. Insurance companies always try and take the route of least work if possible and a 50/50 would probably be that.

His admittion of guilt has already buggered his case.

 

Use the police report. Did the witnesses not leave contact details with the police? Did you take photos?

 

don't forget any loss of earnings and if you get private medical care (physio etc.) make sure you keep all receipts etc. i had a crash in 2004 when i got knocked of my bike and even got money for the clothes i had on (different i know due to it being leathers and boots) but it just highlights what you can claim for.

 

This is what I've learned after someone went into the back of me last year.

As soon as it happens, get out, get your phone and start taking pictures of the scene, including his car, your car, their positions, the reg plates, skid marks, everything. Don't take any chances and just pile the evidence on.

Insurers don't want to pay 50/50. Well, yours won't, as it's obviously costing them more money. However, if you have the evidence, or at least a strong case, then they will opt to fight it for you and argue it out with the other guys insurer.

What happened with me is that there was actually a police car right nearby who saw it and gave a statement. Both me and the other party were then asked to provide a written description of what happened, including any drawn diagrams. I did mine, sent it off and then a month later I was awarded in full and my NCB remained intact.

Also, if you really want to fight this, print off some cheapy posters asking if anyone saw the accident, and then put them up around the area where the crash happened. If someone calls you, then you have a witness.

 

If he's admitted to a police officer that it was his fault then you've got him bang to rights. That will be in his signed legal statement.

If he never admitted it then it would be difficult with no witnesses. I've never had an accident (touch wood) but friends in the insurance industry always say NEVER admit it even if you know it's your fault until you've spoke to your insurer. He has admitted it so end of.

Even a straightforward insurance claim takes time, ao don't be deterred by that.

On the downside you're premiums will go up even though it wasn't your fault so push for good compensation to help cover that cost over the coming years. They don't care if you weren't to blame, but statistically you're now more likely to be involved in more accidents so they'll hike your policy price up.

 

Firstly, hope you feel better soon. Secondly, a similar thing happened to my Mam where the person admitted fault to the police but not insurance. She stuck to the police report and it got sorted out eventually. So like others have said, just stick with it and it should work out

 

Shoot the bastard.

 

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