Road traffic accident - insurers need sketch. Tips anyone?

[tellmewhenthespaceshiplandscoz]

We were involved in a horrible RTA late last year. No one hurt and surprisingly little damage to our vehicle considering. A HGV veered into us however driver is adamant we're at fault. So as expected it's with the insurers.

I submitted all requested paperwork when asked however I didn't include a sketch of the road layout as it's a road I rarely use and in all the drama I can't be certain exact where we were on it when the accident occurred. It's also a major motorway junction so I couldn't just pop along after and do a picture. For some reason I figured a crap sketch was less helpful than no sketch!

Months later 3rd party insurers have responded still adamant we're at fault and are demanding a sketch. I'm kicking myself now for not just doing a "best guess" picture then.

So a few questions if anyone can advise...

If the lorry driver had dash cam footage to back up his version of events would this have been disclosed by now?

If I can't pinpoint exactly on my sketch where we were would this affect anything? At the moment we're looking at spilt liability unless either party has evidence to change that. Could my sketch be used against me?

Any tips on what else I can note on sketch to back myself up?

Thanks for reading, I'm so fed up and angry.

Take some photos of the area and annotate them - either using an app, or print them out and draw on them ?

Google Earth and Streetview would also be a great help ?

Try using Google maps - may be easier to show your positions. But if you cant be reasonably certain of what you're producing, then don't do it.

Is there a police report? Or any witness reports?

If there was dashcam footage showing you at fault, his insurers would have already sent it to yours as proof.

thanks DG i have just found the road on Google maps and and going to do a copy from that. I'll also reiterate what my intention was at the time of the accident which I'm hoping will serve to show the direction I was travelling in contradicts his version of events.

Violet whilst there were plenty of witnesses nobody actually stopped. No police report as no one was hurt or roads/barriers damaged etc so we didn't call them. We agreed we would drive to a safer place further up the road to exchange info although we had already got his reg. We did as agreed and waited 20 minutes he didn't show . I did call 101 the next day because of this and it was logged although operator did say as no one was injured they wouldn't look to take it further.

Do you think I can refuse to give a sketch? I'd worry this could be acceptance of liability?

This is why we all need to have dashcams in our cars !

I would call your insurers and explain, annotated map is a good plan. They are more likely looking to see where you were coming from, where you were going (i.e. were you in the right lane) etc.

I'll also reiterate what my intention was at the time of the accident

Use the map to show factually the positions of the vehicles before and at the time of impact.

I am not sure what you mean by "what my intention" means? If this is what/where you were planning to go, it is not relevant as the truck driver wont have know this. Include factual information only to show you were following road signs/markings/highway code rights of way and he wasnt.

Do you think I can refuse to give a sketch? I'd worry this could be acceptance of liability?

You never accept liability to the other driver or their insurance company, but should be honest with your own insurer, drawing the sketch for your own insurer will help them work out to their satisfaction who was liable.

Thanks all. I'm definitely going to go with using google maps to do the annotated map to show rough position and where I was headed. When I spoke to insurers they said they can't proceed without a sketch of some sort so this feels like a good plan.

Broken definitely and I feel sorry for the poor girl who took my long call the other day!

All your replies have been helpful I'm going to do my picture of the map now, thanks again.

FWIW op I had a clash with a HGV about 10 years ago, very minor scrape really but some damage to my (brand new) car. They were at fault but denied it (maybe that a policy that HGV drivers/insurers have?). My insurance company suggested 50/50 because there was no proof but I wasn't happy with that and felt that the damage to my car showed that it couldn't have been my fault. It ended up going to court, I was worried but the HGV insurance company didn't even show up to court!! It got ruled in our favour and they had to pay all costs.

Wow Downright that's interesting! Good for you for sticking to your guns especially as these things drag in for so bloody long, you start to lose the will a little . When you say the damage showed it couldn't have been your fault how would you have been able to price it had they turned up to court? Just wondering in case this goes the same way.

At the time I felt that the location of the damage 'proved' it was their fault but in hindsight that was probably my righteous anger talking :) with the benefit of a few years I'm not really sure what would've happened if a proper trial was held. It could've gone either way in court really and I don't know why they just didn't turn up but I have heard of that happening before - they are hoping that you will be scared and agree to settle before court.

I know what you mean about righteous anger! So many things that happened in our case show as far as I'm concerned he knew he was in the wrong and he was acting dishonestly but I'm very aware that as he did at least stop for a few moments all the insurers look at are the facts. Which of course I know is right and rational and obvious but still!

So he stopped but drove off without exchanging details - surely that the same as not stopping at all?

I think so too but apparently not. He didn't even speak to his insurer until mine contacted them.

So I reckon he thought he'd get away with it I'm not bitter about this at all.