Accident - whose fault ??

[Ronnie]

Just looking to see if anyone has any experience in the likely determination of blame by the insurance company resulting from an accident in the following circumstances....
Here is my friends version...
Coming out of an Industrial Est onto a minor B road...stopped at the giveway sign.....a Luton-type van passed by and as it did it veered to the nearside to avoid an oncoming car and with this maneuovre the nearside rear of the van caught my friends bumper...near the centre....bumper ripped off completely...
My friend says he was not protruding over the line at the junction...
3rd party likely to say he was, also maybe the insurance could decide he moved forward as the van passed, causing impact....although neither is the case....
My friend has a passenger as a witness as does the Van driver....although the van driver and his passenger could not really comment on the my friend's actions as they would not have see anything at the moment of impact as they were ahead of the point of impact and forward facing....although they are likely to say they did not veer off a straight line.....
I realise it is a difficult one to decide but maybe someone has first hand experience of a similar accident.....

 

[Meldrew2]

Knock for Knock is the likely outcome......

 

[Sp!ke]

Without any 3rd party witness (not a passenger), it would be very hard indeed to prove fault on behalf of the van driver.

 

[stevesey]

Without any 3rd party witness (not a passenger), it would be very hard indeed to prove fault on behalf of the van driver.

Company van or private one? Just wondering if your friends story is indeed correct whether someone driving a company van might be less worried about no-claims etc so more likely to mention the need to swere and less likely to try to claim you friend moved forward. Depends though some companies can be quite down on drivers who have accidents.

 

[grober]

You could try to find the owner of the car which caused the van to swerve?? Its a long shot but people are creatures of habit. Roughly same time slot same location next week might just find the car driver in question? The van should not have overtaken your friend halted at the junction unless he was turning right and there was sufficient room to do so. A "possible" third party witness might just be enough to force an admission of blame? This assumes of course your friend has been completely frank with you about what happened.

 

[Dieselman]

Am I missing something here.? There isn't a dispute yet and we are dissecting the issue already.

 

[KNU7S]

I was there, he was at least a foot from the line, the guy in the van was all over the place!!

I would really like a new iphone??? how can i pay for that?

 

[stevesey]

Am I missing something here.? There isn't a dispute yet and we are dissecting the issue already.

Spoilsport.

 

[oldcro]

Am I missing something here.? There isn't a dispute yet and we are dissecting the issue already.

Hasn't stopped us in the past.

 

[Ronnie]

Am I missing something here.? There isn't a dispute yet and we are dissecting the issue already.

You can bet you bottom dollar there will be a dispute....forgot to mention the van driver got out with a video camera !!! Either the Company issue these or he is an "accident enthusiast"

 

[nick mercedes]

You can bet you bottom dollar there will be a dispute....forgot to mention the van driver got out with a video camera !!! Either the Company issue these or he is an "accident enthusiast"

In some parts of the country vans and lorries are targetted by people trying to stage accidents.

If they've been targetted before they may well give drivers cameras and fit their vehicles with cctv.

 

[Baron_Samedi]

Shame to say that it will be at least a knock for knock, might be a fault claim if van man can claim your friend was over the line...

 

[Ronnie]

Problem is the company he works for, imposes a £1000 excess to the employer when their fault......so he is trying to determine now, if he is going to be a grand out of pocket...

 

[Dieselman]

You can bet you bottom dollar there will be a dispute....forgot to mention the van driver got out with a video camera !!! Either the Company issue these or he is an "accident enthusiast"

Assuming your friend didn't move his car after the collision then the video evidence will absolve him of liability as his car will be behind the give way line.

No.?

 

[crockers]

You can bet you bottom dollar there will be a dispute....forgot to mention the van driver got out with a video camera !!! Either the Company issue these or he is an "accident enthusiast"

Why? was he still moving??? Better off with a still camera.... most phones have them.

 

[flango]

Problem is the company he works for, imposes a £1000 excess to the employer when their fault......so he is trying to determine now, if he is going to be a grand out of pocket...

I'm confused are you saying the insurance company will charge the excess to your friend or to his employer? Or are they one in the same does your friend own the company? Or are you saying his employer will pass the £1000 excess on to him?

Yours confused (or maybe I'm having a blonde moment?)

 

[Ronnie]

I'm confused are you saying the insurance company will charge the excess to your friend or to his employer? Or are they one in the same does your friend own the company? Or are you saying his employer will pass the £1000 excess on to him?

Yours confused (or maybe I'm having a blonde moment?)

The company, he works for, has a policy within their terms and conditions, that own fault accidents carry a £1000 excess payable by the empoyeee...

 

[Ronnie]

Why? was he still moving??? Better off with a still camera.... most phones have them.

No, he was not moving...he had actaully reversed from the ipact point as he was blocking the only exit...