Car accident

I've already pointed people to this site before, so I hope Tony hasn't got a problem with me doing it again, they're better pleased to help with queries like this as there's representatives from insurance companies and the police on there:

Traffic Answers - Index

Ah Woody, ignore me, just headed that way and seen you've already put it on there today!

Hi Woody

I am a former police officer who specialised in road traffic accident investigation, who spent many years after that dealing with road traffic accidents for claim & insurance companies.

The Government through Whitehall have instructed police that their responsibility at the scene of road accidents must be minimal. Once any injured parties are dealt with, the police will only take action if there is evidence of a criminal nature (stolen vehicle, no insurance etc). Whilst it is your right to make a complaint against the police, it is unlikely it will result in any action being taken that would improve your sons' situation. The officers will likely state they saw no evidence that a breathaliser was required. Unsatisfactory though it may seem, Police Officers are the only persons whose judgement is accepted in such cases.

Turning to the accident. On the face of it, there is always a greater duty of care on the driver emerging from the minor road onto the major road, so the police have clearly taken this view at the scene in the absence of the witness, hence their comments.

A police "extract" report can be obtained by your insurers, but on the basis of the lack of action and detail obtained, I fear it will not provide evidence that would help. Extracts are chargeable items and the fee would be paid by your insurer, if they felt it worthwhile.

All is not lost however. Your sons insurer is obliged to follow up every lead. Some insurers are more diligent than others in this regard. They frequently give in too easily and it is the action of the insured that will prompt them to change their decision. If the witness is prepared to provide a statement, his evidence is crucial to the case it would seem. His evidence suggests reckless driving by the other party and if I were in your shoes, I would make direct contact with the witness and ask him to write his account of the accident down on paper, providing his name and address. Advise your sons insurance company that you are doing so, and that in the meantime, under no circumstances should they accept liability on your sons behalf. Insurers often have a "knock for knock" arrangement in place where they will concede liability on one case knowing the other insurers will do the same on another case in the future, thereby balancing their liabilities. You do not have to accept this situation.

Armed with a witness statement containing the detail you have suggested, your sons insurer is in a better position to fight the case. Unfortunately, it is your son/you who must take charge here. If left to the insurer, it is likely they will either not write to the witness and settle in favour of the other party or fail to make contact with him, producing the same result.

All of that said, unfortunately, this is one of those cases where the balance of liability, although apparently clear, becomes less so with the passage of time. The other driver (the third party) and his insurer, will maintain your son had the greater duty of care, emerging from a side road. If there were give way or stop signs controlling the road from which your son was emerging, their case is even stronger. This will no doubt be the core of their argument.

However, from what you have said, your son showed the required duty of care and it was clear to do so when he pulled out. The expression is that he was "aleady established" on the road when the collision occurred.

Ignore evidence of speed. This can only be given by a police officer that witnessed the incident or reconstructed the accident with measurements at the scene.

If I were in your position I would :-

1. Get the witnesses version in writing quickly
2. Tell your insurer what you are doing and not to accept liability
3. Revisit the scene. Take photographs from various vantage points, including the approaching views of both drivers and the witness.
4. Measure the distances from the brow of the hill (where the third party might first have seen your son) to the point of impact. Measure the distance from where the witness viewed the incident to the point of impact. Measure the distance from where your sone exited the junction to the point of impact. All of these measurements will be relevant when assessing the witness account.

Witnesses that did not remaion and give their details are ignored so are of no evidential value to your case. If your witness saw the passengers exit the vehicle, this should be mentioned. However, this does not materially strengthen the case unless there is a suggestion that someone other than an insured driver was driving the BMW.

The effort you take regarding these further enquiries will determine the next action by your insurer. Most people can't be bothered and leave it to their insurer. Gone are the days I'm afraid when an insurer can be relied upon to earn his premium. You have take action to bring your sons case to the top of their action list and change their current stance.

With the witness evidence in writing (a verbal account will not suffice), your son has a better chance. On the basis of everything you have said, it certainly seems that your son has established on the road and struck by a reckless third party vehicle. However, you might want to prepare yourself for insurers reaching a compromise settlement. The third party insurer might accept the careless/reckless driving of their insured, but counter allege that your sone contributed to the accident by emerging when he should have given way. (They will no doubt deny the fact that he was established on the road). The witness stating how long your son was stationary and established might strengthen his case here.

It is common for insurers to compromise settle such cases where there the liability is unclear. If you get 100% settlement in your sons favour you will have done exceptionally well. I suspect however that the best you might hope for is a 75/25% liability split in your sons favour.

Best of luck with everything... It is particularly frustrating when injustice like this occurs and it appears that the parties that could help, won't and simply choose the easy way out.

Kind Regards

Steve

Chutzpah said:

I've already pointed people to this site before, so I hope Tony hasn't got a problem with me doing it again, they're better pleased to help with queries like this as there's representatives from insurance companies and the police on there:

Traffic Answers - Index

Click to expand...

No problem at all Chutzpah and thanks for the detailed and comprehensive reply Steve.

Tony

Hi Woody

So pleased you have them back on side! Stick with it and let's hope your son gets the result you all want.

Kind Regards

Steve