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Motoring accident/claim problem

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stefos | 17:46 Tue 10th Apr 2007 | Law
6 Answers
My daughter (age 26) was turning right at a t junction on a housing estate and pulled away from stationary, believing she had done the customary checks and unfortunately hit a car travelling from right to left. The car she hit appears to have been going too fast as it spun 180% on impact, though fortunately no one was hurt.
My daughter proffered her certificates etc. but the other person, a lady, said she didn't have hers with her but promised to phone as she lived nearby. She didn't reply however, so we assumed perhaps she wasn't insured though a week later there arrived by post a letter from a 'Where there's blame there's a claim' merchants and the woman claiming whiplash etc...
Now my daughter has been told by police (who were not originally involved) that she must take a driving course or receive three points on her license.
The whole thing stinks of course and the police reaction seems to implicate my daughter when the other driver may well be as much at fault and may well have been drinking!
My daughter had a passenger who could corroborate whereas the other driver was alone.
I'm fuming at the mercenary attitude of the other person so really I'm just as much 'sounding off' here as asking advice!
Thanks for listening.

stefos
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I can understand your frustration, but it would be seen simply that your daughter turned into the path of oncoming traffic that had the right of way.

This can be proved. The other factors you raised re the other driver can't at this late stage.

The best way to support your daughter is to encourage her to take the driving course. It is not difficult, and there is no pass or fail.

sorry but your daughter pulled out into the path of a car!

claiming the woman 'may have been drunk' and speeding based on no real evidence doesn't help shift the blame one bit - you daughter should have seen the car and waited for it to pass, simple as that.

if the person was displaying any signs of being drunk, surely your daughter would have called the police!?

if your daughter was so close as about to turn right at a t junction, the other car can't have been going that fast as they would have been preparing to stop at the junction, wouldn't they? the spin couls have been more to do with being whacked from the side by another vehicle!!

the other car was not at fault as it has right of way.
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Thanks for your sensible replies. There are times when these things can only be seen black or white and I obviously tried to shade it in my daughters favour
No one was killed and there are certainly more sympathetic problems on this forum alone to put it into perspective!

stefos
Let this be a lesson to us all - call the police after every accident!
not an answer but a bit of advice for everyone.
In the event of an accident, as long as no-one is injured, you are best to lock your doors and communicate with the other party through a small opening of the window. Do not give personal details, simply your insurance company and registration number, they can search from that. If you think you may be at risk, leave the scene if your car is drivable, and report the incident to a police station within 24 hours, keep to this time limit or you may face prosecution.
In any event, NEVER admit liability or your insurance company cannot fight your side effectively.
Hope this helps.

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