Car B, changed lanes without looking basically. Car A did nothing wrong, had total right of way in the lane they were in.
Thanks guys, glad it seems obvious who is at fault, just hope the insurance companies see it the same way. I can't wait to hear the other guys version of events, I suspect he's still making it up as he hasn't yet submitted his statement to his insurer.
Update- The other driver is still denying liability but has finally sent his version of events into his insurers who apparantly laughed when they read it & decided not to contest liability. He felt that he was not to blame as he was, quote "clearly indicating so therefore had right of way" what a complete f**kwit! His insurer is covering all costs & my daughter's car is now being repaired.
It also highlights the kind of idiot we share the roads with, this was a respectable family man in his 50s not some young hooligan in a modified hatch (who we all know are the most dangerous)
Since my last post on this the 3rd party insurers have their changed their minds & disputed liability again pending a statement from another witness, this witness turned out to be the other driver's daughter & son in law whose evidence was that he had right of way because he was indicating. As a result his insurers have now fully accepted liability & have paid out for my daughter's damages. I have now contacted her insurers asking them to claim back the additional premuim she has been paying since the accident, this being 3 months at an additional 43 per month, they have said that she cannot claim this from the 3rd party as it is not a "consequential loss resulting from the accident" despite a letter from them , dated three days aftyer the accident, stating that her monthly premiums has gone up by 43 as a result of an outstanding claim. I then contacted Irwin Mitchell Solicitors, who give me free legal advice as part of my breakdown cover, they told me that (again in spite of a letter to the contrary) it will be very difficult to prove that her additional premiums are a result of negligence by the 3rd party? It seems crystal clear to me that we have documentary evidence to prove that her premium has increased as a direct result of the collision that was caused by the 3rd party's negligent driving. Is it worth a punt at the small claims court?
So her insurance has gone up by 516 a year due to an outstanding claim where the other party has accepted full liability (even though according to insurers if you are in an accident then you are more likely to have another, i.e. a habit of being in the wrong place). Just ask her insurance in writing if her premium would have gone up if she hadn't have been driven into. When I got hit it took almost a year and a half to get to court, I'm glad I pay my insurance up front!
Good point, but these are no win no fee ambulance chaser legal helpline types. To me it seems open & shut, I can prove that- Her premium has gone up as a result of the accident The accident was his fault. This only has to be "on the balance of probability" for a civil case
Last time I did it it was ~80 for the court fee. Look at consumer action group - use the template letters asking for the money, then Letter Before Action, then file the court paperwork. Remember to include the court fee on the claim as well as statutory interest (~8% IIRC)
Have you thought of speaking to the insurance ombudsman.......! Surely they will be able to help.... BBB
Good idea, I spoke to them about the time taken over the liability dispute & they were very helpful, I'll give them a ring tomorrow. Thanks
