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Driving to work at lunch time and a woman pulled out of a junction to turn right and I drove straight into her trying to brake hard Reported to insurance but got to pay excess and the hassle of the repair

Anyone know who would be liable if she had pulled accross a give way junction?

If you had right of way and were travelling within the designated speed limit then she has liability and perhaps without due care and attention. You will have to pay excess but your insurance should claim it back from the other party and refund you. Your legal cover will sort that for you. Whatever you do, do not admit liability, unless you are liable.

Sorry to hear you've had the misfortune of this type of accident (which does seem to be very common). I hope you can get it sorted quickly and easily without too much hassle. As Mick says though, whatever you do don't admit liability or say it was you're fault unless you are certain beyond any doubt it was you (which, for the record, I don't believe it was your fault )

Based on the minimal information provided David, the other driver should be charged with careless driving. A successful prosecution would put your claim beyond opposition, in my view.

Did the Police attend? Was the accident reported? Did you have witness(es)?

Monk wrote:Driving to work at lunch time and a woman pulled out of a junction to turn right and I drove straight into her trying to brake hard Reported to insurance but got to pay excess and the hassle of the repair

Anyone know who would be liable if she had pulled accross a give way junction?

Sorry to hear about the prang was it local? as the female drivers around here are barking, just look at the traffic lights outside your place red means nothing to them...........although I was nearly taken out by a bus today (male driver) but more than not late for school run or shopping at Sainsbugs.
She pulled out from a give way 'tis her fault good luck with the claim

raistlin wrote:Based on the minimal information provided David, the other driver should be charged with careless driving. A successful prosecution would put your claim beyond opposition, in my view.

Did the Police attend? Was the accident reported? Did you have witness(es)?

The police didnt attend, she said she was in a rush, gave me her details and left. The witness's all drove off, which is annoying as there was another car who aided in the prang by trying to drive round her, and thinking differently when they saw me. Should I report it to the police? I was told to report the minor bump last time as the driver drove off after giving me a load of verbal abuse. No damage but was told I had to report it.

Cheers for the confidence guys, I so annoyed at the hassle, but that said they courtesy car people have already phoned and have a car waiting

Martin wrote:

Monk wrote:Driving to work at lunch time and a woman pulled out of a junction to turn right and I drove straight into her trying to brake hard Reported to insurance but got to pay excess and the hassle of the repair

Anyone know who would be liable if she had pulled accross a give way junction?

Sorry to hear about the prang was it local? as the female drivers around here are barking, just look at the traffic lights outside your place red means nothing to them...........although I was nearly taken out by a bus today (male driver) but more than not late for school run or shopping at Sainsbugs.
She pulled out from a give way 'tis her fault good luck with the claim

Not local to Shirley, it was over by our other place. Those lights are a death trap

Monk wrote:

raistlin wrote:Based on the minimal information provided David, the other driver should be charged with careless driving. A successful prosecution would put your claim beyond opposition, in my view.

Did the Police attend? Was the accident reported? Did you have witness(es)?

The police didnt attend, she said she was in a rush, gave me her details and left. The witness's all drove off, which is annoying as there was another car who aided in the prang by trying to drive round her, and thinking differently when they saw me. Should I report it to the police? I was told to report the minor bump last time as the driver drove off after giving me a load of verbal abuse. No damage but was told I had to report it.

Cheers for the confidence guys, I so annoyed at the hassle, but that said they courtesy car people have already phoned and have a car waiting

Worth a try as there is clearly a charge of careless driving to be considered, but it might take some perseverance.

I'll PM you.

What awful news! I am so sorry to hear it.

I had similar, but neither car was driveable. She came out from a car park onto a national speed limit road. It was dark, I had my lights on, and there was no street lighting and it's dead straight just before the exit. She didn't see me apparently. Cost £5k to put my car right, hers went in the skip.

The police said they could charge her with driving without due care and attention, but felt an education course might be more effective as she was a fairly inexperienced driver. I accepted this, and hope it made a difference. Didn't make any difference to her work colleagues who still play chicken. They'd come out as we weren't sure if she was injured or not as I hit her drivers door hard.

Luckily I take my time near that establishment, as the other entrances / exits are used by a lot of drivers who are slow, and not aware of the risk, otherwise she might well have been brown bread. It also reinforced my belief that seatbelts are a good thing. Certainly saved me from far worse than a slight bruise.

With the police sending me the letter they did, it was easier for me as the insurance just accepted that. Like others have said, if she should have given way and didn't I can't see how it can be anyone's fault but hers. Her insurer will argue, they just do. Go back to the scene, take some photos showing the road markings, lanes and so on. Get your legal protection people working on it (if you have this cover) and beware even they can tell you they won't pursue it, but some persistence and photos can pay off. They should also pursue her for your excess, at least mine did.

Final note: the worst driving I see on a daily basis is by agressive male drivers who think they are better in every respect than anyone else on the road (although I see a growing number of young 'ladies' trying to match them) It's been a complete nightmare getting home yesterday and today, with five accidents in our area this evening alone. One of these has closed a main road (A34)for several hours for investigation, so must be a fatal or at least pretty nasty. Another is right near where mine was several years ago.

Bad news that (been there recently ) I can only echo the above about blame but be careful if you take it any further (ie beyond a claim) I lost out when a cyclist swerved into my path & I hit him, even the Police were on my side but oh no he lied through his teeth in court (unconvincingly at that) & won

If she pulled out of a side road onto another road is her fault as she should give way till it is clear to move out.

Thanks guys, spoke to the insurance yesterday and they arranged for it to go to their approved garage. Having spoke to them this morning I'm having it sent back to the dealership for them to do the repairs, rather than the approved garage. Also have a courtesy car so hopefully everything will go smoothly.

Monk wrote:[...] spoke to the insurance yesterday and they arranged for it to go to their approved garage. Having spoke to them this morning I'm having it sent back to the dealership for them to do the repairs, rather than the approved garage. [...]

Like you, David, I would never accept any repair shop chosen by an insurance company.

I hope you'll get it sorted without too much hassle.

sorry to hear your new motor has had a prang David, going to the dealership for repair has to be the right move though

Car is finally going to be repaired on Wednesday! However, they've given me an E250 Sport with AMG styling as a courtesy car Not sure how long the repair will take but hopefully maybe a week?!

Monk wrote:Car is finally going to be repaired on Wednesday! However, they've given me an E250 Sport with AMG styling as a courtesy car Not sure how long the repair will take but hopefully maybe a week?!

That sounds like a good swap to me, Perhaps they could take longer than a week.