Insurance: Is it my fault?

[Clio_Matt]

Tonight as i was driving along a dual carriageway (doing 40 as this was the limit as its a road out of town).

I was in the left hand lane and as we approached a corner someone tryed overtaking me in the right hand lane. At the corner he span and ended up with the cars nose pointing towards my lane and going sideways. His car then entered my lane. During all of this i was braking and manouvered to the right to try and avoid him. i ended up clipping his back left corner, just the bumper area. As he was facing towards the side of the road and i was going straight on. Its causes damage to my bonnet, left wing, bumper and light (nothing major just saying.)

Am i right in saying this isn't my fault and i can claim off my insurance due to him entering my lane rather then it being my failure to stop? As im worried as i thought whenever you go into the back of someone (altho technically this was the side) its always your fault.

Sorry if its all a bit incoherent guys, it only happened 3 quarters of an hour ago so still a bit shook up.


Matt

 

[theduck]

He lost control of his car. Automatically his fault!

 

[Sam16hutch]

He tried to over take, around a corner...

 

[Beef-Mc]

He wasn't in control of his car so I doubt it'll be your fault.

Did you get witness statements or that? Cos he mite contradict your version of events.

 

[Cookie]

Bit of both really.. you should have just stopped?

 

[Clio_Part_Timer]

Insurance company will always assume your at fault till one part takes responsibilty or it's decided each company fixes each car.

So you'll have to stump up the excess to begin with.

If it's just light damage and the driver does except liability then might be easier just to see if he wants to cough up some cash.

I had £3k damage done to an old car when a drink driver pulled out on me, the car following the drink driver was a copper.

Still took me 5 months to get my excess back and no claims sorted (as the year ended and I had to renew with 0 no claims as the claim was outstanding)

 

[Snakey]

were the police involved?

 

[Clio_Matt]

Didn't bother calling the police as last time someone ran into the back of me they didn't even come out even though it happened outside a school. Should of done really looking back but oh well. Had 2 friends in the car with me who can collaborate my story but obviously they might be seen as biased.

As for stopping, unless you want to buy me some nice four pots or something, im not sure how i could of stopped any better then hard braking, unless i just slam on everytime someone goes to overtake me.

Hopefully he won't be a pain in the arse about accepting responsibility as we was happy enough to admit it there and then, should of got the police out really or got a video of him admitting it.

Not seeing what else i could have done to avoid it tbh,

 

[IB172]

I think its wise after any accident to goto the plod and report it, just to keep yourself right.
Its problably a good idea even in your case(a day or two later)