Car Accident

[Stretters]

Any help appreciated

I was the passenger involved in a car accident, we were approx 50 yards behind the car in front approaching traffic lights. Its normally a 2 lane north and southbound with the option of turning right or left, but traffic cones were in the outside lane reducing it to one lane. The lights were in pairs so southbound and northbound change at the same time and so do the lights on the left and right side of the carriage

The traffic lights either go green or red so doesnt have an added light to go left or right, while the others (straight on) are showing on Red

The car in front went through on green and as we were approaching the lights they were changing to amber, if we had tried to stop then we would of ended up going over the line and would of probably stopped on the junction.

So we proceeded through the lights, and there was a car coming in the opposite direction and was turning our left but there right, the car didnt stop to let us go through the lights she decided to pull out in front of us which resulted in our car going into the passanger side of hers, the speed we were going at resulted in minimal damage but unknown to what its like under the bonnet in the long run.

We stopped exchanged details she said it was our fault because we had gone through on red, but when i asked her what the lights were when she had gone through she said they were amber, this couldnt of been the case because like mentioned above the lights work in tandem.

Neither party would accept liability which was bound to happen, but then once we had moved the cars a taxi driver with 3 women in came and stopped and said we had gone through on red, so they are witnesses in the other parties case. but when we asked the other party again what colour the lights were when she had gone through she said amber again.

The 3 women in the taxi had been drinking, and started making personal comments about us.

We have contacted the insurance company and are now waiting for them to come back to us.

Just wondering what your thoughts are regarding this and any help would be appreciated

We took photos of the road, and both cars after the incident.

Any help or advice would be greatly appreciated

 

[dp0848]

In my spare time I'm a Special Constable. Most people don't seem to realise that an amber light means stop just as much as a red one does.

 

[Gillie]

Heck its easy this one, just deny everything, wait for it to be taken to solicitors and your insurance company will pay out whilst not accepting liability!

Sorry, we have been waiting over a year for a settlement where a driver knocked my daughter off her bike doing exactly what the other driver did to you, and although at the scene he admitted liability to witnesses and police, he didn't admit it to his insurance company who will now settle a year later without accepting they are liable!

How this will then affect his own insurance premium I don't know!

Did you get any witnesses??

 

[Stretters]

In my spare time I'm a Special Constable. Most people don't seem to realise that an amber light means stop just as much as a red one does.

We were driving at the speed limit but if we had breaked when the lights were on amber then we would of ended up going over the line and into the junction, the car turning our left turned in between the car in front and ourselves.

Do you think we havent got a case then

 

[dp0848]

I'm inclined to agree with Gillie. The witnesses are probably unreliable because they were drunk. Just don't mention that you to went through an amber light. As I said earlier amber means stop.

 

[Stretters]

Heck its easy this one, just deny everything, wait for it to be taken to solicitors and your insurance company will pay out whilst not accepting liability!

Sorry, we have been waiting over a year for a settlement where a driver knocked my daughter off her bike doing exactly what the other driver did to you, and although at the scene he admitted liability to witnesses and police, he didn't admit it to his insurance company who will now settle a year later without accepting they are liable!

How this will then affect his own insurance premium I don't know!

Did you get any witnesses??

Only myself who was the passenger with a friend, the other driver was on there own but all of a sudden a taxi stops and says that we went through a red with 3 pissed middle aged women giving us abuse, i know for a fact it wasnt red, and if she has said she went through on amber (which i have on a text) both traffic lights work in tandem so that would mean which i mentioned that ours was amber also

 

[dp0848]

We were driving at the speed limit but if we had breaked when the lights were on amber then we would of ended up going over the line and into the junction, the car turning our left turned in between the car in front and ourselves.

Do you think we havent got a case then

You have to exercise a level of judgement here. As you say you could have ended up blocking the junction or causing a rear end shunt if you'd done an emergency stop at the lights. If you'd caused an accident by doing an emergency stop for an amber light we could have done you for careless driving. so in my view you did the right thing. My guess is she was either not paying attention so did not see you prior to crossing your path or she thought she had time to get across. My guess is that she is at fault.

 

[Stretters]

You have to exercise a level of judgement here. As you say you could have ended up blocking the junction or causing a rear end shunt if you'd done an emergency stop at the lights. If you'd caused an accident by doing an emergency stop for an amber light we could have done you for careless driving. so in my view you did the right thing. My guess is she was either not paying attention so did not see you prior to crossing your path or she thought she had time to get across. My guess is that she is at fault.

Thanks for your input

The car that went through before us was going through on green, so would you advise us to say that the lights were green when we went through instead of amber.

 

[dp0848]

In theory if plod had been standing on the junction at the time of the accident he could probably have done her for careless driving if she turned across your path. In reality he probably would not have done anything if there were no injuries. Too much paperwork involved!!

 

[dp0848]

I would not advise you to lie to the insurance company but there is such a thing as selective memory!

Did you suffer any whiplash injury?

 

[Stretters]

I would not advise you to lie to the insurance company but there is such a thing as selective memory!

Did you suffer any whiplash injury?

Well i was shunted from behind when i was stationary and the driver back in september 07 and thats still on going i recieved shoulders injuries, and whiplash then

At this moment in time my neck feels ok, but had a tingling feling behind my ear this afternoon, while ive been sat at my desk

 

[Stretters]

Well i was shunted from behind when i was stationary and the driver back in september 07 and thats still on going i recieved shoulders injuries, and whiplash then

At this moment in time my neck feels ok, but had a tingling feling behind my ear this afternoon, while ive been sat at my desk

Recently recieved a settlement figure with details regarding the SPecialist who saw me quoting that i should fully recover in 9-12 months which would mean june- september

i play sports regurlarly and work in 2 jobs to live which involves working behind a busy bar so hoping this doesnt affect that to be honest because i cant afford any time off

 

[Cathy]

Arghh this brings back memories of an accident I had years ago. One I had, in the end, just to 'let go' because the amount of aggro it was causing me just wasn't worth it.

I was stopped at a red light behind a lorry who was turning left. As the lights changed and he moved, he came too close to my car, cut the corner too fine and clipped my car.

I beeped my horn but he was oblivious. I followed him and he turned into a docks area. I got someone to get him and he came to see me, apologised, exchanged details etc and admitted he'd been oblivious to hitting me.

Next day he phoned me up and said that after I'd gone a woman who worked at the docks had come up to him and said that she was driving behind me and had seen me trying to undertake him while he was turning. It was sooo ludicrous on the size of road that I could even have attempted that that any sane person would have known it was.

But this allegedly 'independent' witness had the edge because otherwise it was my word against his. The insurance company would not even accept that it was highly unlikely that someone who just happened to work at the docks had seen what happened, watched me follow him, managed to locate him etc etc.

I had protected no claims so in the end I just had to accept they were going to blame me. One thing I do know is that it is in most insurance companies best interests to decide that 2 people are to blame, that way both drivers lose their 'no-claims'. I don't think there's a lot in it for insurance companies to do anything but that.

Whatever the actual events and blame don't expect that that will bear any relationship to the actual outcome...sorry to be a bit off-topic.

 

[Stretters]

Arghh this brings back memories of an accident I had years ago. One I had, in the end, just to 'let go' because the amount of aggro it was causing me just wasn't worth it.

I was stopped at a red light behind a lorry who was turning left. As the lights changed and he moved, he came too close to my car, cut the corner too fine and clipped my car.

I beeped my horn but he was oblivious. I followed him and he turned into a docks area. I got someone to get him and he came to see me, apologised, exchanged details etc and admitted he'd been oblivious to hitting me.

Next day he phoned me up and said that after I'd gone a woman who worked at the docks had come up to him and said that she was driving behind me and had seen me trying to undertake him while he was turning. It was sooo ludicrous on the size of road that I could even have attempted that that any sane person would have known it was.

But this allegedly 'independent' witness had the edge because otherwise it was my word against his. The insurance company would not even accept that it was highly unlikely that someone who just happened to work at the docks had seen what happened, watched me follow him, managed to locate him etc etc.

I had protected no claims so in the end I just had to accept they were going to blame me. One thing I do know is that it is in most insurance companies best interests to decide that 2 people are to blame, that way both drivers lose their 'no-claims'. I don't think there's a lot in it for insurance companies to do anything but that.

Whatever the actual events and blame don't expect that that will bear any relationship to the actual outcome...sorry to be a bit off-topic.

Going by this regardless of if we are in the right or not, shes got the witnesses on her side from the taxi. so are we unlikely to get anywhere

 

[Stretters]

other driver is third party and the person i was with is fully comp

just wondering if anyone as any others thoughts on this

much appreciated

 

[blackandwhite1986]

was there any workmen present at the time of the accident? Similairly were there any road signs, for example right of way , no right turn etc? I'm thinking perhaps the coned off area was not signed properly to allow for two flows of traffic

 

[Stretters]

were there any workmen present at the time of the accident?

No unfortunately not, only the taxi apparently saw it but he didnt pull over till we had moved the cars and started exchanging details

 

[blackandwhite1986]

Sods law mate. Desperate measures but is there anywhere with CCTV nearby that could have perhaps caught the incident from your angle?

 

[Rhyl Lightworks]

Each individual insurance co. tends to pay for the damage to their own clients in cases like this - it is much more cost efficient than fighting a court case. Unfortuneately your driver will probably lose their no claims bonus, unless they wish to fight it themselves, which will be costly, which a chance of not winning, and with no help from their insurance co.
Barrie

 

[Stretters]

Sods law mate. Desperate measures but is there anywhere with CCTV nearby that could have perhaps caught the incident from your angle?

Taken pics of the road because i use it on a daily basis, no CCTV cameras unfortunately

Each individual insurance co. tends to pay for the damage to their own clients in cases like this - it is much more cost efficient than fighting a court case. Unfortuneately your driver will probably lose their no claims bonus, unless they wish to fight it themselves, which will be costly, which a chance of not winning, and with no help from their insurance co.
Barrie

Thanks for your help, do you think we have much chance of contesting it.

 

[Rhyl Lightworks]

Thanks for your help, do you think we have much chance of contesting it.

I don't know, not being a legal expert. All I do know is that such cases can drag on for years.
I would tell the insurance co. all and see what their advice is, and possibly, if you do not like their advice, ask a solicitor for advice (I think you can have a half hour initial consultation for something like £5).
Barrie

 

[Stretters]

Any more help or advice folks

 

[PintoPotts]

Many people don't realise that as a passenger you can make a claim for your injuries either from the Third Party, or if your driver is deemed at fault you can claim from their insurance.

So whatever happens in terms of who is to blame, you can still make a personal injury claim and from what you said about the accident I suggest you do.

Contact Pinto Potts Solicitors for some free advice on making a compensation claim and arranging free physio treatment.

 

[Stretters]

Many people don't realise that as a passenger you can make a claim for your injuries either from the Third Party, or if your driver is deemed at fault you can claim from their insurance.

So whatever happens in terms of who is to blame, you can still make a personal injury claim and from what you said about the accident I suggest you do.

Contactfor some free advice on making a compensation claim and arranging free physio treatment.

Ive got an ongoing claim from september last year from when i was the driver and someone drove into the back of me at a junction

after recieving a letter regarding this and a settlement offer, i told them about this recent accident, the company who have sent me out forms from the drivers insurance company have been on the phone and now i have no idea who to go with to sort this current one out

 

[PintoPotts]

Call Murray Abraham at Pinto Potts on 01252 361200, he is a specialist road traffic accident lawyer, mention UKBF when you ring, he is expecting your call and will give you free advice over the phone.