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Lorry drove into me, insurance is blaming me
Pezzy
post Tue, 23 Apr 2019 - 13:29
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In Nov last year I was travelling to work when a lorry changed lanes and hit my car without seeing me. Admittedly I was overtaking him in the inside lane as I was doing the speed limit and he was not. Upon pulling over he was very apologetic and said he didn't see me.

Surprise surprise when my insurance company contacted him he blamed me for the accident and my insurance company agreed with him! Even though I sent them the dashcam footage. His fleet manager said all their lorries had dashcams, so I told my insurance company to make sure they get hold of it as it will show what really happened. So far though, they've not been able to obtain it, and of course it is because he's to blame.

I told my insurance company that I will not admit liability for an accident I didn't commit and that I'd be happy to take it to court. I'm not sure how it's progressing as there has been no update.

Below is my dashcam footage.

https://files.mycloud.com/home.php?seuuid=7...name=Accident_1
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post Tue, 23 Apr 2019 - 13:29
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southpaw82
post Tue, 14 May 2019 - 17:25
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QUOTE (Pezzy @ Tue, 14 May 2019 - 15:18) *
QUOTE (nigelbb @ Sat, 11 May 2019 - 15:51) *
Clearly the insurance company’s interpretation was that the OP was the guilty party & caused the collision.


No it wasn't actually. They have since instructed their legal team to pursue the 3rd party driver for the damages and said for me to get ready to attend court if it progresses that far. I guess we'll have to see if the lorry driver fesses up or if he is prepared to lie in court.

What made them change their mind?


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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nigelbb
post Tue, 14 May 2019 - 17:54
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QUOTE (southpaw82 @ Tue, 14 May 2019 - 18:25) *
QUOTE (Pezzy @ Tue, 14 May 2019 - 15:18) *
QUOTE (nigelbb @ Sat, 11 May 2019 - 15:51) *
Clearly the insurance company’s interpretation was that the OP was the guilty party & caused the collision.


No it wasn't actually. They have since instructed their legal team to pursue the 3rd party driver for the damages and said for me to get ready to attend court if it progresses that far. I guess we'll have to see if the lorry driver fesses up or if he is prepared to lie in court.

What made them change their mind?

Allegedly change their mind.

This post has been edited by nigelbb: Wed, 15 May 2019 - 05:52


--------------------
British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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Pezzy
post Wed, 15 May 2019 - 07:31
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QUOTE (DancingDad @ Tue, 14 May 2019 - 17:34) *
Not illegal per se but not recommended either.
And could see you being done for dangerous or careless driving.

Are you aware of the highway code?

I'm obviously in the same boat as PBM because I cannot see what in the video would make the insurance company change their mind.


I am aware of the highway code.

It says under Rule 268, "In congested conditions, where adjacent lanes of traffic are moving at similar speeds, traffic in left-hand lanes may sometimes be moving faster than traffic to the right. In these conditions you may keep up with the traffic in your lane even if this means passing traffic in the lane to your right".

QUOTE (southpaw82 @ Tue, 14 May 2019 - 18:25) *
What made them change their mind?


Possibly that I pulled my case handler up on the fact that instead of accusing me he should be doing his job and look at the evidence. I explained exactly what happened and said they must insist on the 3rd party's dashcam footage as it will show what happened. Something that will never come to light as it will incriminate him and show he is lying. Possibly also the fact that I refused to accept liability and said I'd take this to court if I have to.

They then assigned a different case handler who apologised and after that I received a letter from their solicitors.

This post isn't about whether anyone here believes me. I couldn't give a toss to be honest. And the frankly absurd accusations thrown around here by some self righteous posters beggars belief.

What I have noticed here is that unless it's a cut and dry case, people will always assume you are guilty. So much for fightback forums.
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post Wed, 15 May 2019 - 07:45
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I think the problem might be that insurers insist you must not admit liability, so people use that as an excuse for lying.

Many years ago whilst trying to turn onto a very busy dual carriageway, a woman drove into the back of me.

I got out and so did she and immediately accused me of reversing into her.

Apart from a jolt to my back, there was no damage to my car, but because of her accusation, I called the Police.
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southpaw82
post Wed, 15 May 2019 - 08:57
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QUOTE (Pezzy @ Wed, 15 May 2019 - 08:31) *
What I have noticed here is that unless it's a cut and dry case, people will always assume you are guilty. So much for fightback forums.

Nobody is forcing you to stay. I equally don’t give a toss whether you like the answers you’re given or not.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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