Claim from a forgotten incident- what to do.

[gadgetgirl79]

The OP by their own admission admits it was their actions that caused the other driver to swerve and the other driver was on the main road and had right of way.

 

It's not a matter of no witnesses equals a 50/50 settlement, it's a matter of who claims what, and in this case the OP was clearly at fault

 

Mossy

 

Is there any way for the OP to prove that if the driver was driving at the correct speed limit, there would have been no need to swerve, and the only reason for the damage to their car was due to excessive speed?

[Surfer01]

The other driver was obviously driving without due care and attention. The driver should have noticed that the other car was being moved and should have proceeded with caution as it is a narrow road. I would say that the other driver is actually at fault and needs some driving lessons!

[westendwendy]

The other driver was obviously driving without due care and attention. The driver should have noticed that the other car was being moved and should have proceeded with caution as it is a narrow road. I would say that the other driver is actually at fault and needs some driving lessons!

 

This was my arguement with my insurers,bollards were put into the middle of the road to slow traffic down because drivers fly along this road.It wasn't just a bollard,there are two on a long island, so to actually mount the island and hit a bollard as he claims he would have had to be driving too fast.

 

I have written to my insurers as having received this letter from the TP insurers I really don't think they have even attempted to dispute the claim but have taken it upon themselves just to pay up.When I spoke to them originally I was assured that the claim would be disputed.

 

Other than that I don't know what else I can do.

[INSURANCEGUY]

Wendy,

 

at first notification (when you report to them) most insurers will say that they will mark the claim as a dispute, this is mainly so that someone with more experience of liability can review the claim and decide on the best steps to take.

 

You cannot prove he was driving too fast, so that is out of the question- unfortunately with the lack of this evidence, your actions led to him avoiding collision- you are therefore at fault.