Liability Dispute - no witness vs 2 witnesses (not independent though)

bearmini1982

New Member
Jan 4, 2013
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Will try and keep this as concise as possible...

I was travelling on a road close to home and went to make a pass around a stationary van that was parked on my side of the road with all 4 wheels on the road. Opposite the parked van on the other side of the road is a minor road which connects with the road I was travelling on which is the major. At the point of begining to round the park van the connecting minor road was clear. Mid-way through rounding the parked van a car a flies out of the minor road turning left and the front right-hand side of that car goes straight in to driver door of my car (level with the door handle). The driver approaching the junction had obviously looked right to see nothing coming and pulled out without looking left. The car that collided with mine was being followed by two friends in a car behind, so while they will have seen the impact they wouldn't have seen the position of my car in the road.

The driver of the other car is disputing liability and has claimed that the accident was caused after they had turned off the minor road on to the major (so much further down the road) and that it was me travelling in the middle of the road (at speed) that created the impact as I tried to swerve back on to my side of the road. The witnesses are backing this up by saying that they were in fact at the junction when the collision happened when they were actually still approaching it around 20 yards back.

I have photographic evidence of the damage and of the junction. However, I do not have photo evidence of the position of the parked van as imediately after the collision the van owner moved it round the corner. I also have no witnesses versus the other drivers 2 - albeit not independent.

I was driving someone elses car who had me down as an additional driver on their policy. They have protected no claims and a £250 excess, but I feel strongly that this was not my fault and I wouldn't have done anything differently had the same situation happen again. It now looks likely that this will go to court as both sides are disputing liability.

I experienced no damage to the front of the car I was driving. The scrapes begin behind the front right wheel arch - continue to level with the door handle where there is a significant dent - and the scrapes continue to front of the back right wheel arch. Their damage starts at the front right fog lamp beneath the headlight and there is a dent to the front right wing which meant that the drivers door wouldn't open.

Any advice on what this will come to at court? For example, am I likely to prove they are 100% liable? Will I be found 100% liable? 50-50?

Thanks,

M

ps. The other driver, although fine at the scene, has since been off work due to whiplash injuries. There was a no-win-no-fee solicitor on the case for the other party but has since dropped the case.
 

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
Normally anyone who pulled out of a side road and collided with someone on a major road would be considered at fault, the way I understand it, you were on the wrong side of the road when they pulled out? This may make a difference but still not make you 100% liable, at a pinch they may settle it on shared liability but their solicitor obviously had doubts that he was going to win.