Car accident liability

[santorini2316]

My car was written off last Monday by a truck driving into the side of me. I was on the main road, truck pulled out of a side road and smashed into me denting both passenger side doors to an extent the ins co won't repair so they're paying me out. Goodbye car.

Truck driver is saying i was letting him out and won't admit liability (I wasnt).

My ins co think it's pretty clear cut that he drove through the give way junction, into me who was on main road and hit me on the middle to rear of the passenger side, so I was well in front of him when he came out. They are pursuing other driver's ins co and consider it non-fault for me.

I on the other hand have terrible anxiety and steadily convincing myself I'm going to end up owing someone thousands of pounds and with insurance premiums of ridiculous amounts for years to come.

Anyone know anything about this sort of stuff can calm me down? This is my first accident in 25 years of driving so feel completely clueless about how things happen!

Well if you were letting him out OP, you wouldn't have crashed! Hold your ground and go to court if necessary (it probably won't be).

Calm down. Its an open and shut case. I used to work for an insurer that had most of the large fleets.
Lorry drivers rarely admit liability because many businesses penalise them. From the insurance perspectivs its an open and shut case

You won't owe anyone anything. That's the whole point of insurance. The claim (if any) is against your insurance company, not you, and if the lorry hit your rear passenger door, then he either pulled out and didn't see you in the way, saw you but thought you'd be past the junction by the time he'd reached the end of it, or just got distracted and forgot to break. What definitely didn't happen, was you indicating for him to turn out, him seeing you and agreeing, then you changing your mind and zooming across the front of his nose.

Thanks both of you! My rational mind knows that if I'd been letting him out, I obviously wouldn't have been halfway past the front of his truck, but my irrational anxiety keeps thinking what if he's a really good liar and everyone believes him!

Thank you for the reassurance.

Thanks lougle. I think I've just worked myself up into actually forgetting how insurance works and even if if was totally my fault I wouldn't actually have to go out and buy him a new truck! Flipping anxiety.

Legally I think even if someone "lets you out" you are still liable if you crash. Because technically they have right of way and aren't supposed to "let you out"??

Wouldn't matter if you did let him out. He made the choice to join the carriageway. He hit you. You're taught never to be waved/flashed through by another vehicle. It's not a defence.

You can't rely on someone letting you out. There is lots of case law on it. It's why as a driver I am always reluctant to turn when an oncoming car flashes me etc, because ultimately I am the one manoeuvring and if we end up colliding, it will go against me.

OP, try not to worry. This is pretty standard stuff for insurers, the mpst likely outcome is that it will all be resolved long before any need for court, and in your favour.

It won't go to court. The insurers won't want to pay for that so will just settle it between them.

As it was the other driver's fault, as well as claiming for the damage to your car from your own insurers, you can also claim for your uninsured expenses from the other driver's insurers. This includes the excess on your policy (first £100 or so of your claim) plus a hire car or public transport for a short amount of time after the accident or any other costs you incurred as a direct result of the accident. Talk to your insurers about whether they are claiming this for you or whether you'll need to do this yourself.

If you need to do it yourself, you just need to write a letter to the other insurers with receipts. You will not need to go to court.

Getting these expenses reimbursed by the third party's insurers is a very good way of proving that you were agreed not to be at fault, as well as making sure that you are not financially penalised by the accident.

ive had a couple of these from lying car drivers - no one actually has the balls to lie in court once it is explained what happens if you do.

dont worry.