Car Accident - Insurance Dispute

josmond

New Member
Dec 4, 2010
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Hi, saw similar questions to my query so I thought I get some feedback about my predicament.

I had a car accident back in August. I was travelling down a one car, country lane when I notice 2 old metal rusty spikes sticking out of a hedge about 4 foot from the ground.

I slammed on my brakes but skidded into the spikes which caught the bottom of my windscreen and brought my car to a stop. With that the car was pushed sideways by the other driver, then came to a stop.

Looking to my left there was a old david brown tractor emerging from a field gate set back in the hedgerow which could not be seen from the lane.

I have been talking to my insurance company and they are saying the other party are saying that the driver of the tractor was out of his vechicle at the time (which i very much dispute as he pushed the car sidewards) so - therefore I hit a stationary vehicle and the liability is all mine

Any thoughts on this matter?
 

T.C

New Member
Jan 5, 2011
29
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As an accident investigator to advise on liability without seeing all the case papers or being privvy to the full facts, but suffice to say, regardless of whether the tractor driver was on or off his tractor he may be partly liable for putting you in a position that caused a crash.

In short, you may have a claim against the land owner responsible for the spikes, the tractor driver, and/or both.

Your case may require a full and independent accident investigation
 

josmond

New Member
Dec 4, 2010
2
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Thanks T.C for your interest.

I kept chasing them up every friday and they said best outcome would be 50/50, which I still believe is wrong, saying if I was on a motorcycle I could have been decapitated.

Funnily enough yesterday, out of the blue, my insurance company sent me a cheque for half my exccess - so I guess they settled 50/50.

Ironically the tractor driver has moved back to New Zealand and the land owner has since died (only aged 65, just after retirement!!)

Not sure if to proceed any further....

Again, Many Thanks