Accident/insurance advice

Tex Mexico

So on Monday I was turning right off the A6 onto a small road that curved further around to the right (so low visibility due to a big hedge). I was going slowly, probably not more than 10/15mph. I was fully engaged before I saw a wagon (turned out to be DHL) coming the other way and swinging out onto my side of the road to make the curve. I had no time to swerve around it, so I came to a complete stop. The wagon did not, continued to swing around... and hit my car.

I did cut the corner a little bit when I turned, however my car was fully on my side of the road and at a complete halt when the wagon hit me. The front of the wagon was fully 2' over onto my side at the point of impact, with its front driver wheel straddling the white line.

I thought this was cut-and-dried his fault. He apologised to me at the scene. Indeed DHL's insurers initally approved my repairs and I had even had a courtesy car booked. However, yesterday their "intervention team" gave me a call to say they had pulled my repairs as they were reviewing the claim. Apparently the wagon's camera shows me at fault. I have now sent them the pictures I took at the scene. I spoke to the hire car guy who said it was just the claims handlers messing around as they were all working from home and hadn't done their work properly, but I'm not so sure as there's an expensive repair on the line.

I'm posting some of the images here. Where do you think I stand on this? Is my having cut the corner enough to put me in the wrong or am I right that the impact being on my side of the road makes him regardless at fault?

https://i.imgur.com/5gQWTYl.jpg

https://i.imgur.com/59Swqwp.jpg

Hattigol

Not straightforward. 

I think it will depend on whether you were fully established on the sideroad at the time of impact. If you were, the duty is on the DHL guy to avoid you. 

If you weren't established on that road at the time he is moving over the centre, some culpability will probably lie with you.

You'd need to see the dashcam to be sure, really. My guess is that it will be carved up on a 50/50 basis.

skunkwerx

Ask for the video evidence.. hopefully it will have recorded audio and hopefully caught the driver apologising which can be taken as admission of guilt and a breach of his insurance (if its written as ours are). 

Easier said than done though. 

Wouldnt surprise me if it goes 50/50 because they’ll say you ‘could’ have moved further over/turned in at a steeper angle to avoid the incident taking place.. 

But I dont work in claims, so could be chatting wet. 

Speak to your insurance company though not theirs, as they will fight your corner if you have a chance. Weird the TP claims team have contacted you directly as they’ll need to be seeking recovery from your insurance.. then your insurance will counter if they can. 

Let them hash it out then re asses. 

In future buy a dash cam and drill yourself to record video before you get out in case of there being a next time.. if you’d have caught him apologising it would have been cut and dry. 

munckee

I’ve been in insurance 20 years, in my experience there is no such thing as cut and dried or  rule which makes someone at fault regardless. 

Being stationary should work in your favour if the other party agrees you were. 

Generally if no witnesses it’s a 50 50 unless you smack them in the rear. 

Wazmeister

It would surely have been more appropriate if it was a rear end shunt...

Tex Mexico

No chance of his camera having picked up the apology unfortunately as we were away from his wagon at that point, so my word against his.

As the photos show I was fully engaged on the side road at the time of impact. Three of you are saying 50/50, which isn't encouraging. Are you really saying a wagon can swing over to the wrong side of the road and hit a stationary car and it's still not clear who's at fault?

Gulliver

You're driving an Audi - you're 100% to blame....

Gulliver

In seriousness though - just looking at the pictures I can see it going 50/50.  Trucks do need more space to manoeuvre but the corner doesn't exactly look oblique so not sure why he needed to, but equally you don't need to cut the corner.

WiresDreamDisasters

From those photos to me it looks like you're more in the wrong than him, *if* that's how you cut the corner. It's not 100% obvious.

He doesn't look like he's on the wrong side of the road at all to me. But your car does to me. Way too early to turn, IMHO.

Tex Mexico

WiresDreamDisasters said:

From those photos to me it looks like you're more in the wrong than him, *if* that's how you cut the corner. It's not 100% obvious.

He doesn't look like he's on the wrong side of the road at all to me. But your car does to me. Way too early to turn, IMHO.

Look closer. The white line is patchy but it's there. I'm fully on my side of it. His front driver-side wheel is on top of the line. The front of his wagon is about two feet over the line.

Hattigol

My point was that if you are turning into a road where a lorry is across the centre line, the duty is on you to avoid him. If you are fully established on that road when he starts crossing the centre, it's a different story.

Tex Mexico

Hattigol said:

My point was that if you are turning into a road where a lorry is across the centre line, the duty is on you to avoid him. If you are fully established on that road when he starts crossing the centre, it's a different story.

The point at which it became visible to me that he was over the line, I was fully engaged and came to a halt when I saw there was no room to pass. He kept moving and hit me. I see your point that it would have been my duty to avoid a lorry already swung out, but as the photos show he only actually swung over the line a few secomds bedore he hit me.

WiresDreamDisasters

Tex Mexico said:

WiresDreamDisasters said:

From those photos to me it looks like you're more in the wrong than him, *if* that's how you cut the corner. It's not 100% obvious.

He doesn't look like he's on the wrong side of the road at all to me. But your car does to me. Way too early to turn, IMHO.

Look closer. The white line is patchy but it's there. I'm fully on my side of it. His front driver-side wheel is on top of the line. The front of his wagon is about two feet over the line.

Yeah but you can tell by your angle that you've cut the corner extremely early. At one point you were on his side of the road, putting yourself in a precarious position. If I was the insurer, I'd go against you. But I'm not, so you might be alright.  

Hattigol

I'm persuaded. I think it's on him, not you. But seeing the dashcam footage would be the clincher.

Tex Mexico

WiresDreamDisasters said:

Tex Mexico said:

WiresDreamDisasters said:

From those photos to me it looks like you're more in the wrong than him, *if* that's how you cut the corner. It's not 100% obvious.

He doesn't look like he's on the wrong side of the road at all to me. But your car does to me. Way too early to turn, IMHO.

Look closer. The white line is patchy but it's there. I'm fully on my side of it. His front driver-side wheel is on top of the line. The front of his wagon is about two feet over the line.

Yeah but you can tell by your angle that you've cut the corner extremely early. At one point you were on his side of the road, putting yourself in a precarious position. If I was the insurer, I'd go against you. But I'm not, so you might be alright.  

So not okay for me to be on his side when he's fifty yards away, but okay for him to be on my side when we're about to collide?

WiresDreamDisasters

Tex Mexico said:

WiresDreamDisasters said:

Tex Mexico said:

WiresDreamDisasters said:

From those photos to me it looks like you're more in the wrong than him, *if* that's how you cut the corner. It's not 100% obvious.

He doesn't look like he's on the wrong side of the road at all to me. But your car does to me. Way too early to turn, IMHO.

Look closer. The white line is patchy but it's there. I'm fully on my side of it. His front driver-side wheel is on top of the line. The front of his wagon is about two feet over the line.

Yeah but you can tell by your angle that you've cut the corner extremely early. At one point you were on his side of the road, putting yourself in a precarious position. If I was the insurer, I'd go against you. But I'm not, so you might be alright.  

So not okay for me to be on his side when he's fifty yards away, but okay for him to be on my side when we're about to collide?

I see no evidence of him being fifty yards away though. All I see is your extreme angle, and his reasonable angle, and then two photos which could go either way because of unclear road markings.

I don't think a forum is really the place to go over this, none of us were there and couldn't possibly give you any answer or peace of mind. Either you want people's opinions, or you don't. Or you just want opinions that agree with yours, in which case you don't want people opinions. Sorry.

Tex Mexico

Hattigol said:

I'm persuaded. I think it's on him, not you. But seeing the dashcam footage would be the clincher.

You're right. If they don't re-approve the claim it'll be interesting to see what it actually shows. Where are cameras actually positioned on these lorries? My concern was that the dashcam wouldn't necessarily show the lorry cutting into my lane.

Tex Mexico

WiresDreamDisasters said:

Tex Mexico said:

WiresDreamDisasters said:

Tex Mexico said:

WiresDreamDisasters said:

From those photos to me it looks like you're more in the wrong than him, *if* that's how you cut the corner. It's not 100% obvious.

He doesn't look like he's on the wrong side of the road at all to me. But your car does to me. Way too early to turn, IMHO.

Look closer. The white line is patchy but it's there. I'm fully on my side of it. His front driver-side wheel is on top of the line. The front of his wagon is about two feet over the line.

Yeah but you can tell by your angle that you've cut the corner extremely early. At one point you were on his side of the road, putting yourself in a precarious position. If I was the insurer, I'd go against you. But I'm not, so you might be alright.  

So not okay for me to be on his side when he's fifty yards away, but okay for him to be on my side when we're about to collide?

I see no evidence of him being fifty yards away though. All I see is your extreme angle, and his reasonable angle, and then two photos which could go either way because of unclear road markings.

I don't think a forum is really the place to go over this, none of us were there and couldn't possibly give you any answer or peace of mind. Either you want people's opinions, or you don't. Or you just want opinions that agree with yours, in which case you don't want people opinions. Sorry.

Other people have given valid reasons why it might not go my way and I'm listening. You've misread the actually quite clear road markings to play devil's advocate because antagonising people is your thing. Not sure why I took you off ignore, tbh. Back on you go.

WiresDreamDisasters

Tex Mexico said:

WiresDreamDisasters said:

Tex Mexico said:

WiresDreamDisasters said:

Tex Mexico said:

WiresDreamDisasters said:

From those photos to me it looks like you're more in the wrong than him, *if* that's how you cut the corner. It's not 100% obvious.

He doesn't look like he's on the wrong side of the road at all to me. But your car does to me. Way too early to turn, IMHO.

Look closer. The white line is patchy but it's there. I'm fully on my side of it. His front driver-side wheel is on top of the line. The front of his wagon is about two feet over the line.

Yeah but you can tell by your angle that you've cut the corner extremely early. At one point you were on his side of the road, putting yourself in a precarious position. If I was the insurer, I'd go against you. But I'm not, so you might be alright.  

So not okay for me to be on his side when he's fifty yards away, but okay for him to be on my side when we're about to collide?

I see no evidence of him being fifty yards away though. All I see is your extreme angle, and his reasonable angle, and then two photos which could go either way because of unclear road markings.

I don't think a forum is really the place to go over this, none of us were there and couldn't possibly give you any answer or peace of mind. Either you want people's opinions, or you don't. Or you just want opinions that agree with yours, in which case you don't want people opinions. Sorry.

Other people have given valid reasons why it might not go my way and I'm listening. You've misread the actually quite clear road markings to play devil's advocate because antagonising people is your thing. Not sure why I took you off ignore, tbh. Back on you go.

What a weak spirit you truly are.

fretmeister

1. apologies Don’t mean shit.
2. You cut the corner. That will be enough to split the blame.
3. Doesn’t get him off the hook.

Likely outcome (I did RTA work for about a decade) is a 50/50 split.

fretmeister

PS.

Photos generally don’t mean shit either. All manner of things could have caused any subject in a photo to be in that position. 

Not quite as useless as a skid marks, but getting close.