[Paul]

I write this in a foul mood.

In November 2005 I was hit by a white van man as I attempted to leave my driveway.

I was leaving with Alfie (aged 2) in the car, slowly edging out to turn left (it's a pain, hard to see out of our driveway). Then white van man, dog sat unrestrained on his passenger seat, driving too fast, cut across the junction that's on the corner near our driveway, started to come down the lane on the wrong side of the road, and hit the very front passenger side of our car forward of the front wheel.

Apparently, although Abi was quick enough to photograph the rear of his van at the time of the accident, which showed his tyre marks on the damp road and the way he cut the corner, the main fault lies with me "because I was pulling out".

The fact he was going to fast, cut a junction and went down the wrong side of the road apparently have no bearing. Even though I could have not been any more careful, and all of his actions lead to the incident.

There were no other witnesses.

Because the photos don't show both cars (as mine was tucked in too far to see) and the photos of my car I took after he left to show the line of site and position "could have been taken at any time", they hold no weight. And everything else is "his word against mine".

I cant help but feel I should have completely lied and made it even more blatantly his fault than mine (not that I thought it could be much more his fault anyway). As it's "his word against mine", and because I, obviously, "admitted" I was edging out of my driveway, that's gone against me (although how they can ignore all he did wrong is beyond me).

So, I was honest, and it looks like it's going to cost me big time. If I'd have lied, I'd probably be in a better situation.

So, I ask you, what's the point in being honest?

I'm so mad at the driver who often can be seen driving like a buffoon around the village. He's got away with his behaviour scot free, and it's putting my no-claims at risk and no doubt increasing my premium!

[Hat]

insurers pretty much encourage dishonesty anyway by insisting you never admit liability at the roadside, even if it is your fault.

[Paul]

True.

I mean, his Dog could have been driving for all the insurance companies appear to care, as he would deny it, and it would be his word against mine.

Because he apparently has been less than honest, and the photos are "worthless", the fact he cut across the junction and therefore also was on the wrong side of the road are also worthless.

The only indisputable fact is that I was trying to leave my driveway, which apparently makes it my fault. (Which again, if you're leaving your driveway to go left, and get hit from the left, surely that shows the car is on the wrong side of the road, but apparently not!).

[Snowie]

Hi Paul
I know how you feel
A few years ago I picked up a brand new caravan and was hit on roundabout by a tatty old Fiat. I had traveled the grand distance of less than 1 mile.
The old guy who hit me had glasses on that looked like the bottom of a milk bottle from the 1950s. His words were I did not see you, my comment was how could you not see me the caravan was 8 mtrs long, 3 meetres tall, bright white and being towed by a bark blue Trooper and you were alongside me at the traffic lights.
After a long insurance battle where his case was well defended by Direct line who even went out to the scene and took photos and measurements my insurers gave up and I lost my no claims. I wish I had pusshed the fact harder on the subject of the drivers inability to see large white and blue objects - next time it will be different.

Lesson learnt
Whilst it is not a good move to lie, it is certainly very worthwhile emphasising a few points that may well swing the case in your favour.

Alan

[I love MINI, Laura]

This sort of happened to me too Paul. Unfortunately I was covered by this blanket thing that because I was pulling out I was at fault. It didn't take into consideration that I was pulling out waiting for the furthest away lane to be free. There was a car approaching (I was blocking his lane) but very far off and by my estimations I see a gap in the other side of traffic and will be gone into it before he reaches me. The gap approaches and the car I'm blocking thinks he'll be quicker than me so goes into the other lane of traffic to go round me. The gap arrives and go quite prompt as I know I'm blocking the lane and hit the other driver in the centre of the road as he went into the gap I was going into. Now I know I was pulling out but if he let me go into the gap on the other side of the road he could have continued straight on his lane of the road. This behaviour I didn't even take into consideration when manuvering. Very off that I had to cover him because I pulled out - because of his actions I hit him not mine! Luckly his car was worst off than mine (he deserved it) and I only had a £500 worth car so it wasn't really a bother!

Good luck with it all Paul.

[Paul]

Oh yes, that was the classic line he came out with at the time.

"I could see your car, but I thought you were going to move".

Move where?!?

[Aberdeen Al]

Quote: Originally Posted by Paul Mullett (original)

Oh yes, that was the classic line he came out with at the time.

"I could see your car, but I thought you were going to move".

"I could see you car so I decided to plough into it anyway" should have been his reply.............what an ar5e!

Good luck with the "tedious" insurance claim

[Paul]

The letter I got (which has prompted this) says the "matter is closed". But I disagree and have previously told them so.

Not sure where I can go from here, if anywhere.

[Greenie1]

Sorry to say this, but honesty doesn't get you anywhere these days.

[Root Ginger]

Unfortunately Paul, as the law stands, you were pulling into his path. It is his right of way no matter how badly he was driving. The insurers will see this as an open and shut case in the same way as if you went into the back of someone. No matter the circumstance it's always your fault.

As they say "the law is an ass"

[Tonyt3]

Was there a white line in the middle of the road, or was the lane too narrow for one?

So, whats the score here with costs? Is it affecting your no claims or something? Or are you paying out a large excess.

I have to admit lying through my teeth to the insurers when i had my accident. Couldnt see how it could make things worse than what they were. In the end they didnt really seem to care, as long as the claim was closed as fast as possible. Thats why I always say stick with the biggest inurers - any claim really is small fry stuff to them, and their staff are all on the clock to get things sorted asap - they dont want to hang around with cases open - they want to hit targets and get resolution.

[Paul]

There used to be lines at the junction (my driveway is pretty much ON the junction, joy of joys) but it was rubbed out and forgotten many moons ago.

This is a completely not to scale drawing of what happened.



I (the red oversized rectangle) was leaving to turn left. The van came across from the left. Problem is, if you decide to try and take the line he did (coming from a 40 mph zone), you cannot see traffic coming at you from the 60 mph zone (which is "below" this picture) as the corner has a hedge row, so those who do take this route "nip across" cutting the junction and going quick enough to "get out of trouble" I guess. We always go the "long route", taking the second left, so we enter on the left hand side. Safer all round.

[LMB]

Did they get the identity of the driver of the van?

[Paul]

We know exactly who it is, they've gone through their insurance but not claimed anything. Their report was something like "he was driving along a single lane road when I pulled out in front of him with no time for him to stop". How much speed could he get up in that couple of metres of road to not be able to stop, even if I did pull right across, which I didn't.

It wasn't clear or safe for him to enter the junction, AND if he had not cut across the junction, I could have seen him. From his cut angle of entry the line of site for me is blocked by hedges. But as he said at the time, you could see my front end from his line of approach.

[LMB]

So is he denying he was on the wrong side of the road?

[Paul]

So far as I can gather he must be, clearly not something he's admitted to doing, or cutting across the junction.

Which leads me to the conclusion that lying is the best course of action.

Not saying this is what people should do (obviously), but it seems to be the wisest and most profitable course of action.

[minicabrio]

Insurance claims (and blame settlements) unfortunately seem to boil down to who can lie the best

....or in my case, who could afford the best defense (and it wasn't me).

[LMB]

Quote: Originally Posted by Paul Mullett (original)

So far as I can gather he must be, clearly not something he's admitted to doing, or cutting across the junction.

Which leads me to the conclusion that lying is the best course of action.

Not saying this is what people should do (obviously), but it seems to be the wisest and most profitable course of action.

Did you call the Police after it happened and not move anything? As they will have been able to tell where the impact happened.

[LMB]

Quote: Originally Posted by minicabrio (original)

Insurance claims (and blame settlements) unfortunately seem to boil down to who can lie the best

....or in my case, who could afford the best defense (and it wasn't me).

What gets me though if he's saying it wasn't his fault, why didn't he stop? Surely the insurance company would press that question forward.

[Shaun]

Lets get together and go all vigilante on him its the only way these people learn. It could be the Milton Keynes Mini run and lynch Mob combined?

I have had to go and check out some details today our van driver has had a minor bump and when reading his statement I thought so you were coming out of a one way street the wrong way?
He wasnt actually doing this he is just stupid and shouldnt be trusted with much more than a pedal car. I have to help him though and to be honest he can go and swivel I hope he gets sacked thats being honest for you.

Dont despair Paul honest people get trampled on but at least you know your right.