Accident despute!

[Amanda4]

Hi I hope some one will be able to give me some advice on the finer points of this despute.

What happened is I was reversing out of my drive way into our access road and noticed a truck reversing into our access road so I put the car back into drive as fast as I could and tried to get back onto my drive. Needless to say I wasn't fast enough to escape him tearing my boot open with the back of his truck! The man was an old guy very apologetic and said he didn't see me. I made him a cup of tea as we were both quite shaken.

He stated that he was fine and admitted liability straight away and was uninjured. That was until his boss got involved and since then had tried to make a personal injury claim but was unsuccessful and will not now accept liability?

My insurance company are asking me to go for a 50/50 settlement, but I know this was not my fault. In my opinion he had reversed out of the access road opposite, straight across a main road and into my access road and hit me, I argue that he should not have been in my access road for a start as it is an access only road and he was not gaining access to any of the properties down it. Also that my car was not in reverse.

And I would like to hear if I am right or wrong on these points and I would also like to know if reversing across a main road is an illegal manoever?

I should of tipped the tea I made him over his lying head!

I would be very grateful to hear any opinions regarding this matter, many thanks!

Amandax

[factor-fiction]

Hope you get the answer you want from others. I'm no expert but I work in insurance and I would have thought there is joint responsibility on both parties when reversing.Hopefully in this case you'll have a chance if you have witnesses to say you were driving forward onto your drive when he hit you

[JB]

Without independant witnesses you will struggle to get a better settlement than 50/50.
I think that the starting point of his manoeuvre will be irrelevant, as will your point that he shouldn't have been in your access road. The fact that he was there, and there to be seen is the salient point. You didn't see him until it was too late, and he didn't see you - 50/50 seems the fairest outcome.

[gem_35]

hi. i think you should fight your case all the way. why should you let them get away with lieing. it may be hard work but definately worth putting up a fight.
goog luck x

[Amanda4]

Thankyou all for your imput,

There are several new irregularities that have come to light just recently from the third party, such as the documents for more information were not filled in or signed by the driver but his boss instead. And on the sketches of the accident given by the third party the road he was delivering down was not even included! He is making it sound as if he was the driver, and that the he was acctually delivering down my access road which is an out and out lie. Luckily I had taken the name and address of the driver at the time of the accident, and have now passed on this information to my insurance company so fingers crossed he will not get away with any more of his lies!