Somebody pulled out of a side road into my son's car. She had a give way sign against her Now she blames him

la428282

They can try to change blame all they want - matter of fact.. "speeding" is a very common thing for people who fail to yield right of way to claim. BUt how on earth would they know he was speeding? DId they have a radar gun?

The answer is NO. They can tell their story to their insurance but 9 times out of 10 there insurance will accept fault. Dont worry about it too much just turn it over to insuarnce

snetterton

The person coming from the side road across a give way line is always at fault. Tell your son's insurance company. He will not have to pay for this. Tell the police if necessary.

chrisbowe82

Hello, I hope I can help. The exact same thing happened to me. It's very clear cut that the other woman was emerging from a minor to a major road (pulled into the path of an oncoming vehicle) and as such it's automatically her fault. All insurance companies know this, so dont worry, your son will win the claim no problem at all.

audrey_o

Jeez...The same thing happened to me less than a month ago (Check my Q's)
She had pulled out into my path...she admitted liability left, right and centre to everyone within earshot, called her insurance and told them it was my fault....That she was stationary in the road and that I just drove right into her....Like someone would do that!

It has caused me nothing but hassle...and I'm about Â£800 out of pocket because of her turn around and blatant lying.

On the plus side...I put up a poster at the side of the road asking if anyone saw the accident (There was lots of drivers as the traffic lights were red..but they drove away as soon as the road was cleared and the lights changed.)

I was lucky that a guy phoned saying he saw the accident and agreed to act as my witness.

Your son will probably be asked for a statement and to draw a diagram of the road and position of the cars ( Like I did) and the insurers will look at these and assess whose more likely to be at fault. If they can't agree, the insurers will probably settle 50:50..... which I was not prepared to agree to.

Make sure your son puts in as much detail as possible..weather, road conditions, his speed, his breaking distance (Which was impeded due to her carelessness)

Ensure he continually states that he had right of way.

I hope it goes ok for him.....My case still hasn't been completed yet....It takes a while (even with witnesses) but if it goes in his favour, make sure he claims for all uninsured losses...any out of pocket money he has had due to this accident....Liars never win in the end.

Charlie M

small point..if she claims not to have seen your son coming, then how does she know he was speeding? i have worked in claims for several years, you have nothing to worry about. Her husband has had a wee word with her after she got home. 1st rule of insurance, never admit liability even when you are!

Smiler

they are probably trying to blame your son, to try and save their own insurance. Let the insurance company deal with it - and don't take any more calls from them.

They are at fault - you have to stop at a give way sign!!

It will only affect his insurance if they pay any money out. For example, if his company agree that it is a 50:50 liability. they pay a penny out - and it is a claim on your insurance.

Athena

she doesn't have a leg to stand on! don't worry about it, she is trying to worm out of it. insurance company will investigate but you must contest it.

Figgy

Her fault. Her roadsign was 'Give Way to Oncoming Traffic' - which she failed to do. Don't enter into any conversation with the other party - just let the professionals deal with it - the insurance companies. Your son may have to pay an excess - but he could find this out easily from his insurance papers or a quick phonecall to his insurers. It's really important that the phonecalls stop now.

charlie

You'll need to get a witness to say that the other party pulled out when they should have given way.

Saying your son was going too fast is just a way of getting the insurance companies to go 50/50.

Good luck

Bardic

It's just a try-on, don't worry about it. Look at what she's done :
1] Driven contrary to the Give Way instruction.
2] Admitted it.
Just tell the insurers exactly what's happened, clearly and calmly. They're not daft, they'll have heard that "defence" on a daily basis.

Bandit600

Don't get involved with them personally. get in contact with the police if you haven't already reported it, and tell your insurance company asap. After the event nobody wants to take the blame, although you son wasn't in the wrong even if he was speeding.

Veston Pants

Sounds like an old scam. She is at fault. Unless she can prove he was driving recklessly and then she can only mitigate the losses. She is at fault. Contact her insurers. if she fails to give you the details she is committing and offence. I would suggest you say VERY little until the claim forms are in the hands of the respective insurers. Then you can shout as loud as you like. Th insurers will deal with it between themselves. He will need to recover his uninsured losses (excess) from her insurers. When they pay that they are admitting tat was their fault. if he is only third party insured it gets a bit more complicated. If you e-mail me I will give you some pointers.

xxR

OH...and make sure your husband says nothing too!!!

Duisend-poot

Believe me most of the people that cause stupid senseless accidents do not take the blame for it. They are cowards and have no integrity. The same happened to us, our car was damaged badly and the dummy in the other car sped off and did not even bother to see if we were ok. I personally think it has something to do with the point-system in Uk, they know they will lose points and will rather act like cowards and drive away or blame the other driver. I wish you all the best because getting justice here is getting to be quite difficult.:)

rowdy

Well, of course, we weren't there, so we don't know all the facts. At first glance, she is guilty of failing to comply with a road sign, but consider this: let's say you're pulling out of a turning after checking it's clear, and someone screams round the corner at 80mph and hits you. Whose fault is that?

I dare say your son wasn't to blame, but all the police and insurance people weren't there at the time, so they can't make an immediate judgement just because there was a give-way sign.

So...your son has a good case, but be ready for an argument.

And it'll only affect his insurance if anyone (including him) makes a successful claim on it.

WelshLad

Leave it to the insurance company just fill in the form what happened. I'm no expert but pulling out of a junction is her fault.

dels replies

The speed your son was driving has no bearing on the accident.Give all the correct details to your son's insurers together with a verbal report of what was said. Are there any witnesses and did the police attend and take statements. These can all be handy to the insurer.Then leave it to the respective insurance companies to sort it out. It's what you pay them for.If the other party contact you(Wife or husband) just refer them to your insurers and advise your insurer that they have been contacting you..I had a somewhat similar incident some years ago. The insurance companies arguing the toss for ages,with claims and counter claims, various offers to meet halfway and so on, all of which were rejected. In the end we achieved a 100% settlement in our favour and did not involve loss of no claims bonus.

raven44012

I tmight...fisrt check to see if you live in a no fault state.
Next make sure to write down all the details so he doesn't forget...and mean all of them.
The insurance company will be able to determine from speeds, damaged done to the car and so on with pretty good accuracy if it was because he was going too fast or not.

DippyGirl78

Unless the lady can prove that your son was going too fast then she is in the wrong as she was pulling out and your son had right of way.
Why would your husband ring her and offer to take the blame that's the silliest thing I've ever heard!

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