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Any car Insurance experts/police explain this?

5 replies

crash · 20/10/2004 19:26

DH recently had a crash. He was turning right out of a side road and hit someone on the main road. His car was barely out into the main road at point of impact (inches) and only scuffed bumper. Other car went out of control and off road. Witness said other car was speeding. There is a sharp bend just before the road. Coming along there you get just 5 seconds reaction time at 30 mph from where you can see the junction. DH says the road was completely clear, looked the other way and bang, there it was in front of him.

Police/insurance say it was his fault and the fact that had the other car not been speeding then he'd have seen it and stopped is irrelevant. They tried to say the crash happened 200 yards away from the junction when it didn't. Witness got very pally with other driver and changed story.

4 years ago he was knocked off the road (hit back and then side) by a driver who was doing 90 mph in a 60 limit single carriageway road who was overtaking 9 cars in a slow moving queue. Told that time that speed/shouldn't have been doing it irrelevant and insurance done 50/50. (They say he pulled out in front of it)

What I'd like to know, if anyone can answer this, is why doesn't speeding count? It seems to count if we're doing it, but not if it's someone else.

Also we have only just heard from the other insurers more than 3 weeks after the accident and the name of the insured is totally different from the name of the person in the crash. Is this relevant?

I get fed up with my DHs driving but honestly it seems whatever he does it's always his fault. It's not fair!

OP posts:
Twiglett · 20/10/2004 19:29

sorry but turning into a main road .. its always the car at the junctions fault whatever speed the other party is doing

Twiglett · 20/10/2004 19:29

I am neither car insurance nor police expert though .. but DH has been knocked off his bike by car turning into a main road

SofiaAmes · 20/10/2004 22:17

crash, almost exactly the same thing happened to my dh, including the witness palling up with the other driver. Our insurance also said it was dh's fault even though other driver was speeding (unfortunately dh was only witness to other driver speeding, so no way to prove it).

daisy1999 · 20/10/2004 22:29

main problem is that there is no proof that the other car as speeding and the other car had right of way - sorry!
The name of the insured is irrelevant, they will be insured for other drivers.
Damm annoying but probably not something you can win IMHO.

Caligula · 20/10/2004 22:34

If the other car had right of way and your DH's car didn't stop, then sorry, it's your DH's fault.

The reason it was his fault 4 years ago was because he had a lousy lawyer. If someone hits you when they don't have right of way, on the whole it's their fault, even if you did something stupid like pulling out in front of them - they should be looking out for that. I was in a prang earlier on this year with someone who indicated left and then turned right. So I went straight into her, because I believed she was turning left but she didn't. Still my fault though - I hit her while overtaking.

Luck of the draw with these bloody car accidents I'm afraid. It puts your premium up sky high and it's a pain, but main thing is no-one injured.

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