my car crashed into somebody else, but it was not my fault, please help?

Hi, please give some advice on the car crash I had, many thanks.

We were driving on a straight road on a normal speed, and suddenly somebody pulled out of the junction in front of us, and then she saw us, and she stopped in our lane. We tried to avoid her, but it was raining a little bit and wet, so we braked and turned a little bit, but of course we crashed into the other person who was on the other lane trying to turn into the junction. And my insurance said we are the one to blame, but we don't think we did anything wrong, if the person didn't pull out, we wouldn't have this crash at all. We wrote off our car, paid Â£250 for it, and rented another car for a month for over Â£500, and then we have to buy another car and our insurance is going to go up a lot when renewing.

Is there anybody who can advice us, as we are thinking of taking this to the court.
Additional Details
Hi, I don't know how to reply the first question, but for your question, there is nothing more to add, all I said was true, and the police came, had all the details, but the police said they will not be involved now as there is no major enjuries. And my insurance said they understand what we suffered, but they can't do anything about it as we crashed into another car instead of the car came out of the junction, and this is not damaged at all.

who_is_jack_****

Unless you have independent witnesses you will be found to be the one at blame by the insurance group. If you had hit the car that pulled out it would be a different matter but as you hit a car sitting in a queue and not the car that made you take evasive action in the first place.

I am afrad even if you DO have witnesses you will probably find the insurance will be against you. You may have to put this down to experience.

dieterzakas

By your OWN admission, you were driving "normal speed" in conditions that warranted a lower speed, i.e., "it was raining a little bit and wet." The insurance company is right: because you failed to operate your car in accordance with the prevailing weather conditions, causing you to crash, you are to blame.

Old Man Dirt

You did take the wrong course of action and as a result hit another car. But this is from the present looking back.
The thing is that I expect any insurance company to look out after me, that is why I pay more then others. The respect that I am shown by my agent and claims adjusters makes it worth the extra twenty dollars or so when I do have a claim.
But the company that is insuring you does not value you enough as a customer. Instead of defending you or at least understanding that you took what at the moment was the least objectionable course of action, they are blaming you.
More then likely you will pay more for insurance, but right now it would seem best to find another company to hire for insurance. Cheap premiums only insure cheap treatment.

Timbo is here

Unfortunately you traded one crash that would not have been your fault for one that was and though it seems unfair if you had not tried to avoid the one that pulled out on you then it would have been the other persons fault. Just plain old bad luck.

Londonlad

Your insurance company is telling you rubbish.
If someone pulled out in front of you and you had no option but to hit them then it is NOT your fault.
Fight your insurance company on this - get the police report if there is one and tell the insurance company you do not accept their verdict.
If necessary threaten that you will take it to the ombudsman.

The other person would appear to be at fault and the claim should be dealt with by their insurance company.

Do not let your insurance company palm you off with this rubbish.

SARAH

I jus been involved in a car accident yesterday. It was a normal day, normal flow of traffic I was doing under the speed limit by 20MPH but still managed to hit someone from behind. WHY? because apparently a car pullled out infront of them causing them to do an emergency stop to which i did not have enough time to stop my car from hitting them, everything happened so quick an was such a blurr.. I have 3 witnesses that mentioned that there was no car that pulled out infront of them at ALL, for some reason they just slammed on their brakes, which i cannot understand. It doesn't help that i was on a slope either. I am so confused as to what to do an how i can work around this.

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