car accident / insurance

[maidon]

a few months ago I had an accident - a car came out a give way and I banged into the side of it - the other driver says I was in the outside lane and came in as she pulled out. It was a really rainy dark winters night and I was in the inside lane although there was a cycle lane and as I had seen she was pulling out I tried to move over but couldnt do it fast enough. She's arguing about it - but surely she is still in the wrong if she came out of the give way regardless of what lane I was in. I have had a call from the insurance co today and have to fill in more paperwork - now concerned about it !

[dusty1]

If you were on the main road and she came out from your left. and through a give way sign, she obviosly did not give way, so I would have thought she was in the wrong, as it was such a miserable night as you describe, I sugest she did not see you and pulled out, it does not matter what lane you were in she still pulled out in front of you, you don't say whether you hit the side or the back of her car, if you hit the back then her insurance co will fight you all the way, probably stating you were traveling to close, but if you hit her in the side, I don't see what they can say, it may be worth taking some photo's of the turning she came out of showing the give way sign, and the road you were on, for future reference

[dusty1]

also do three drawings 1, one before the accident showing where you were with measurements and speed you were doing, 2 one immediately before the accident showing both cars again with measurements speed e.t.c. if poss with give way sign included 3, one at point of impact again with all relivant details, send these to the insurance co with a letter of explanation and keep a copy for yourself.
hopefully then it will be self expanatery that she was in the wrong, if neccasary exagerate a little like making the distances shorter so that you could not take avoiding action e.t.c.

[maidon]

thanks Dusty

the insurance co said at the time that I didnt need to fill out any paperwork - but they were on yesterday to say that cos she's contesting I have to fill out paperwork do drawings etc. I did go into the side of her and that is why I think she is saying I came into her lane and hit her on the side. But I could not avoid her.

thanks again for your answers - that was what I was thinking anyway but will have to wait n see now - thanks

[Grunty]

Be very careful if you decide to exaggerate anything. If you are caught lying, it will devalue everything else that you say. There doesn't seem to be any need to say anything but the truth anyway.

[maidon]

thanks for the advice Grunty - don't intend to lie anyway - just worried though that because she's fighting it I'm just doubting myself but still cant see how I can be in the wrong !

[oldhenry]

You could bring a private proscecution for 'riving without due care', that would sharpen them up a bit , I bet and it was driving wothout due care.It is amazing what lying B******** people are nowadays when it come to bumps. Why don't they just admit they have made a mistake, what is it anout modern culture?

[maidon]

thanks old henry - think a private prosecution is a wee bit out of my league but you did make me feel a bit better ! thanks. She didn't even report it to her insurance co - it was mine that contacted hers the day after the accident !! just so annoyed about it - yeh wish she would just own up !!