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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Car accident - who was at fault?

296 replies

NCasOuting22 · 29/09/2022 10:40

I was recently involved in a car accident where 2 cars collided where the red and blue lines cross on the attached photo.

the left lane has white arrows painted in the road indicating to go straight on and has “petrol” written underneath it. The right lane also has white arrows painted on the road with “exit” written underneath it.

who was at fault?

YABU - blue car at fault
YANBU - red car at fault

Car accident - who was at fault?
OP posts:
torquewench · 20/12/2022 22:18

SinnerBoy · 19/12/2022 18:37

gatehouseoffleet

Insurers do take weird lines at times.

Oh yes, don't they just! I was on a motorbike and a van shot out of a side street, didn't stop to look. A few days later, my insurance company said it was my fault, because I was speeding; I bloody wasn't. Unfortunately, they said I could only use their lawyers, who quoted £400 an hour!

I had no idea that I could pick my own, till my dad said, "WTF? You've got legal insurance and they're making you pay?"

I went to an independent and gave him photos and diagrams, it took a while, but I got paid. He was totally aghast that my insurers had taken the line they did, they can't even have read the Police report, which stated that it was 100% the other guy's fault.

So, if the driver of the van says you were speeding, why did they pull out then? They clearly saw you well enough to say you were speeding and that's the first thing your insurers should pick up on and ask.

Sounds very unlikely IME that your insurance would take the line you suggest given the circs you describe.

And your lawyers are obliged to write a letter of engagement to you with their hourly rate details so they can claim it back from the opposing sides insurer. Also, £400 ph sounds a lot for a panel firm who'll get a paralegal to deal with it. That's higher than most senior partners charge out at.

SinnerBoy · 21/12/2022 08:28

fedupofthiscoldffs

You've obviously never dealt with insurance companies after a crash. We just got paid, three years after our car was rear ended.

SinnerBoy · 21/12/2022 08:37

torquewench

So, if the driver of the van says you were speeding, why did they pull out then? They clearly saw you well enough to say you were speeding and that's the first thing your insurers should pick up on and ask.

I have no idea, apart from suspecting that they just didn't want to pay anything. It seems that insurance companies agree not to sue each other, which is why they love 50-50 settlements.

Sounds very unlikely IME that your insurance would take the line you suggest given the circs you describe.

But they did.

And your lawyers are obliged to write a letter of engagement to you with their hourly rate details so they can claim it back from the opposing sides insurer. Also, £400 ph sounds a lot for a panel firm who'll get a paralegal to deal with it. That's higher than most senior partners charge out at.

I asked the insurance company to put me in touch with their lawyers, as I had legal cover and was mightily pissed off at being blamed and them refusing to pay. I phoned the solicitor and was told that it would cost me £400 an hour. I gave up at first, until somebody suggested an independent lawyer, who phoned the insurance company and told them he was acting for me.

I was paid eventually, but they stalled over everything, for example, one of my boots was damaged badly. It was a £10 pair of army surplus, they said it was an excessive sum. They thought that £80 for a helmet was an excessive sum. Etc etc.

NCasOuting22 · 18/01/2024 18:36

Hi everyone. I thought I’d post an update as I finally got a resolution today!

after many months (and years) of chasing this with the insurance company I have been told the the accident has now been recorded as not my fault and I’ll receive a cheque for my excess and uninsured losses.

OP posts:
FaazoHuyzeoSix · 18/01/2024 18:49

Brilliant news. Well done for standing your ground.

Auntieobem · 18/01/2024 18:54

Glad that it's been sorted, though very curious to find out when the other driver's story was and why it was ever considered your fault??

MissersMercer · 18/01/2024 18:55

Good news. Hope you put in a huge complaint. Unless the person looking at your case was blind there is really no excuse.

NCasOuting22 · 18/01/2024 19:19

The other driver apparently said that I drove in to her, the arbitrator had said it was one word against the other and found in her favour initially

OP posts:
CleopatrasBeautifulNose · 18/01/2024 21:44

Great news. Very pleased you finally got a fair result!

onetwothreeee · 18/01/2024 22:20

wahoo.
Well done for fighting and standing your ground.
sorry it took so long

Drosera · 18/01/2024 22:34

How has this got so many votes saying OP is BU?

FaazoHuyzeoSix · 18/01/2024 23:49

Drosera · 18/01/2024 22:34

How has this got so many votes saying OP is BU?

Read the OPs posts.

The original OP didn't declare which car the OP was, and asked people to vote YABU if the blue car was at fault, and yanbu if red.

OP was actually the red car

OliveToboogie · 18/01/2024 23:53

Blue car driver doesn't know Highway Code so should not be driving.

Novum · 19/01/2024 00:29

Good news. Is there any way you can let the arbitrator know that they've been found to be definitively mistaken? You could ever-so-kindly tell them that you felt that they needed to know in order to reflect on how they came to make such a major mistake, and so as to avoid a repetition in future.

SinnerBoy · 19/01/2024 09:47

NCasOuting22 · Yesterday 18:36

Hi everyone. I thought I’d post an update as I finally got a resolution today!

Good news!

whoscoatsthatjacket2012 · 19/01/2024 13:37

Did it go to court?

Poppysmom22 · 19/01/2024 14:20

Blue turned into a no entry lane so blue

RedPony1 · 19/01/2024 14:36

Great news!!

I'm concerned that 3% of people thought the red car was at fault.... haha!

gardenfoundry · 19/01/2024 14:46

Hooray for your update!

hellsBells246 · 19/01/2024 20:33

Good news!

The arbitrator sounds a bit shit. Surely they could tell from where the damage was on each car who had hit who?

Anyway, hurrah! Glad it has worked out all right.

CircleofWillis · 20/01/2024 14:03

Novum · 19/01/2024 00:29

Good news. Is there any way you can let the arbitrator know that they've been found to be definitively mistaken? You could ever-so-kindly tell them that you felt that they needed to know in order to reflect on how they came to make such a major mistake, and so as to avoid a repetition in future.

If you do this, wait until you have deposited your check.

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