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I need advice on an accident?
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THIS IS WHAT REALLY HAPPENED - A van cut me up on a roundabout, as he entered the roundabout he heard me blowing my horn at him and he then slammed the brakes on and stopped dead, I hit the van on its rear end. I know people will say you should have not been so close, but the thing is when he pulled out on me he was 5 yards away from me.
THIS IS WHAT HE IS CLAIMING TO HAVE HAPPENED IN HIS STATEMENT - He says he pulled out onto the roundabout safely and heard someone blowing there horn at him (if he did it safely there would not have been a horn). He then says he proceeded into the entry of a car park doing 10 - 15mph (there is a speed limit sign stating 5mph only), he then says he pulled over at the side of the road to ask me why I was blowing my horn at him (there is double yellow lines where he claims he pulled over), the road he was pulling over on is one-way and is one car width wide. He also claims I just drove into the back of him when he states that he saw me 30 yards away in his rear view mirror, why would I do this when I know the consequences of this action?
MY ARGUMENT TO HIS STATEMENT -
1. If he entered the roundabout safely and did not cut me up why would I sound my horn?
2. He was not paying attention to speed limit signs, what else was he not paying attention to? e.g. my car on roundabout
3. He was not paying attention to road markings, again what else was he not paying attention to? e.g. my car on roundabout and give way markings on the road
4. He was parked on double yellow lines when there is a car park 10 yards away
5. Whilst being parked illegally he is obstructing a road, therefore being negligent
6. If I just drove into the back of him why did I damage my ankle ligaments whilst attempting to brake and avoid him.
Additional Details
Sorry my question is why wont my insurance company believe me?
There was a witness and she volunteered to help me out. However the police and insurance company have tried to contact her she has always been 'unavailable'.
To the person who says it is my fault, I only hit the rear of the van given the shape of the road he was travelling along. If it was a different road I would have hit the side of the van and it wouldnt be in dispute right now.
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wayfaroutthere
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Call your insurance agent first. This is not going to be easy when you ran into the back of him and he isn't telling the truth. And really, you don't have much choice in this matter--the insurance company decides whether they are paying his claim, asking him to pay yours, or going to court--you don't really get to decide.
You won't win this by listing everything he did wrong, but it's good that you are looking for evidence that way. Do mention all of this to your agent, but be careful what you emphasize. For instance, no one is going to care about him driving 15 mph in a 5mph zone. I think you need to turn this around on him, depending on the condition/value of his vehicle. Does he have any motive to intentionally cause this collision? It sounds like he cut you off and slammed on his brakes to get an insurance check. Your insurance agent will decide whether it's more worth it to pay him off or fight him, but convincing the agent that this guy is just after a check may be the only way to get him to investigate or fight further.
My sister was in a collision caused by somebody running a red light (unless everyone was telling the truth and gremlins turned all the lights green at the same time.) When the cop showed up and a 38 year old woman said my 19 year old sister ran the light, he wrote my sister the ticket, which led the insurance company to pay her off. When she went to court for the ticket, she was found not guilty (it became clear that my sister wasn't the liar when the right questions were asked). When the insurance company tried to raise her rates because they paid for her accident, she pointed out that they chose to pay it, and that the court found she did nothing wrong and was not at fault, so they sent her rates back down despite paying the claim. So even if he wins, that doesn't mean that you have to lose. |
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lilisan85
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What's your question??? |
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Tuff D
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The deciding factor would be once the van entered the roudabout, when did you make contact with it? Immediately, after 10 feet, 30 feet? I had a relative who was driving in stop and go traffic. When the car in front was about to stop, another car in the next lane squeezed in and had to slam brakes causing her to hit the rear of that car. That 'person who hit from behind is at fault' did not apply to her case because the car squeezing in made an action that was unsafe and triggered the collision. |
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iiidontknowdoyou
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Doesn't matter, you hit him in the rear, therefore it's your fault. You have to have control of your car, even if someone cuts you off! |
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Rick M
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My question would be (and I am pretty sure of the answer) If you were going 5 MPH...and was 5 yards away... how would you have to brake hard enough to damge your ankle ligaments???? |
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alan53163
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I suggest you put a small add in the paper of the county you live in,asking if there was any witness to a accident that happened at such and such place.Put in the time and date of the accident.There may have been someone that witnessed the accident. |
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toshie
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you should really talk to an attorney... they would know what to do...
i hope you took pictures of both the cars and the location where this happened... those would help a LOT...
goodluck...
and oh, stupid drivers need to be shot in the head!!! |
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Matt S
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this man is obviously stupid.. i think your arguement is definately the better... |
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