car crash. who is to blame

[stumac46]

has anyone been overtaking someone and theve pulled across the lanes without looking and crashed into you? it happened to me and the other drivers insurance company are saying im half at fault. i wasnt speeding.

[sara3]

that's not very descriptive. who was overtaking? who was in which lane?

[alexanderd]

need a bit more info

[stumac46]

i was overtaking a young woman driver and she swerved across into my lane. when we pulled over she admitted fault and said she had looked. the only other witness was her boyfriend. i dont think i should be held at fault although her insurance company say i am

[stumac46]

sorry, she said she hadnt looked

[Old Salt]

Sounds like 'knock for knock' stumac46

You were in the wrong lane, and, the person you were overtaking did not take due care before turning.

I went through a similar situation when someone clipped my door (which bent the door frame beyond repair) while I was trying to get my car pushed off the road (it had simply stopped and was blocking traffic); the lawyers said, "I was an obstruction, so I was 50% at fault" and I lost my over-six-years no claims bonus and my insurance went up

Old Salt

[bednobs]

what does your insurance company say? leave it in their hands;it's what you pay them for

[alexanderd]

did you have a witness who can verify what she said or were you alone in which case she can now deny ever saying it. Were the police involved, if so get in touch with them and see what they say

[AlBags]

Mirror .. signal .. manoeuvre.
Surely you are going to be in the wrong if you don't do any of those and cause an accident.
Providing you were overtaking within the law and the speed limit, they are at fault.

[Toureman]

If you have sent a description and diagram of exactly what happened to your insurance company it should be clear to your insurance company that it was purely the other drivers fault so your insurance company should fight her Ins co to pay the full amount.

[boxtops]

When I worked in insurance we always told people they should say nothing about fault - the lady in your accident has made an admission of liability "I didn't look" and you need to make sure that you state that clearly on your claim form. Make sure your insurance company and hers know that.

[stumac46]

i wouldnt say i was in the wrong lane as i was overtaking a vehicle that was travelling at 20mph in a 60 zone. her car swerved over into the right hand lane for no reason and hit the side of my car. the only witness to her admission of guilt was her boyfriend who was in the car with her.

[sara3]

from what you've said, it's her fault. she obviously didn't check her blind spot.

if you're sure, stick to your guns.

[stumac46]

cheers

[Andyvon]

What the hell was she doing anyway stumac? Firstly, she was crawling along at 20 in a 60mph zone, then she lurched out (obviously for no reason as she couldn't have been overtaking anything!) in front of you without seeing you passing her! Was she drunk?

[jno]

that nearly happened to me yesterday - except I was the guilty party. Fortunately he sounded his horn and I swerved back. My fault, just didn't see him - it was one of those complicated bits on a roundabout where all the lanes are moving outwards and it's not easy to tell in your mirror just what lane people are in. So I have some sympathy for her as well as you. Were you actually driving in the oncoming lane as you overtook, or still on your side of the road?