Accident help please.

[redfish0]

I was recently involved in an accident. I guess I should start by explaining what happened.

 

I was following a car, a fair distance from me at night. It went round a sharp corner. What I did not know was that when it went round the corner, it clipped a vehicle coming the other way. I came to the corner unaware of what was round the bend, entered the bend, passed the oncoming vehicle and was then immediately blinded by a big dust storm, hit the brakes but then there was a bang. I saw for a very brief moment the car that was in front of me and hit the side of it. It turns out that they had lost control, rolled the car and stopped in the middle of the road after clipping the on coming car.

I suspect the on coming car was not completely on their side of the road when the car in front of me hit it. When I passed the oncoming car I moved to the left a little because they seemed close.

 

I don't feel that I could have done anything to prevent the accident and did everything I could to avoid it. But my insurance company say that I was at fault, even though the other car lost control, reduced any visibility and ultimately could have been caused by the on coming car being on the wrong side.

 

Could anyone give any advice? I've never been in a proper accident and it does not feel right that I'm the party that's being blamed.

[unclebulgaria67]

Yes you will be found at fault. Although it sounds like you could not have avoided the accident, because you crashed into another vehicle, it will always go against you.

 

Unless you have video evidence of the accident to show the Insurers that the other cars caused the accident, they have to base it on known fact i.e you crashed into the other car.

 

Obviously there is no video evidence, so how can you prove it was was not your fault ?

[papasmurf1cx]

Hey redfish......... I know this sounds a little crazy but is it possible that you can sketch or draw what happened and put a picture of the scene up on the thread? As Unclebulgaria says normally one should be in a position to stop and avoid an accident, but what you are describing sounds as if you were in the wrong spot at the wrong time and were a victim much as the oncoming car was.

 

Were the police called? Were you hurt? What is happening police wise re prosecutions?

[Bernie_the_Bolt]

Depending on the exact geography of the bend I think you may be able to make a case that the TP driver was negligent and the cause of the accident.

 

I have in mind case law that I recall that the driver of a vehicle who had a heart attack was at fault when he was rear-ended. But I cannot remember the citation unfortunately.