car accident in nottingham

[monka191]

Dear All

I am so angry and upset at the same time. Two months ago i had an accident on a crossroad. I was turning right ( there should have been green arrow however from before my accident, until last week it was not working, means for probably over two months it was out of order)
It was around 9pm, when i was turning right, i look both ways, and began to cross. Right at the end, the van that was going very quickly ( it was 30mph speed limit, he was going around 40mph if not more) he hit me on a passenger side. The collision was so strong, and my car got relocated from almost that another road which i almost reached, right in the middle of the roundabout. By the time he stopped he was around 60 meters if not more away from me. He came back, and said not to call police because its not worth it, hell give me his details, and if i wont call my insurance there are cameras there, hell call police and they will get footage. I was so stupid ( and new) that i actually believed there were a cameras there. A week after I came to the same place, and except from the traffic sensors, there was not a single camera there.
I called my insurance on the next day because i was panicked, and they didnt even listened to me! They said straight away `you were turning right, he had a priority ,its your fault`. Paying for the insurance I was expecting them to do at least some investigation. They did nothing. I had to fight for one month just to get them to send me the form to fill in the details and draw them the map of the accident. I did that, they briefly looked at it and said that it wont help me, Im still responsible for what happened.
My friend who was next to me said straight away ` they dont even listen to you , they are being extremely rude and obviously its because 1) youre foreign 2) you have only 3 months of driving experience and 4) youre a woman. Thats why they discriminate you.

They checked his van, said they will repair it ( i told them that i do not wish them to even take a penny from my insurance to pay for this idiot)
On top of that the worst thing is that since the day of the accident I am having pains in my neck and middle back portions. I am planning to go over the weekend to see the doctor about it as its becoming quite annoying and painful at a times.

Also, my insurance contract supposed to finish at the end of December 2014, meaning I have another almost 1000 pounds to pay to them, they said because I made the claim, I am not allowed to cancell it and that they will increase the price as well! My car is in such a bad condition, I went to the garage two weeks ago and they said its extremely risky to drive it on a road. I am planning to scrap it next week, because it is almost not in use.
I dont want to pay for the insurance, which Im not even going to use it. I am too scared to drive now, and I will not purchase another car. On top of that I cannot afford it.

Could you please advise what would you do in my situation?
I am planning to get solicitor and fight for it. Firstly, he was obviously running yellow lights because nobody on the lights, will smash the passenger side so much, by going 30mph! on top of that its suspicious that he threatened me with the cameras that dont exist, and said not to call the police.

[kalniel]

Welcome to Hexus, technology news and reviews!

Get legal advise - forum advice won't help. Then move to a town that has a better football team.

[monka191]

Hi,

Thanks I was thinking the same. I am going to contact solicitor next week. But i just need to get my head around, what else can be done.

[KeyboardDemon]

Start with the Citizens Advice Bureau before paying for a solicitor.

[ik9000]

I know this isn't much help now, but if you have a smash that is more than just a dint at very low speed always call the cops. You're allowed to, and they have to investigate if you call them out. And it's funny how quickly people change their tune when PC Plod turns up

[Saracen]

I know this isn't much help now, but if you have a smash that is more than just a dint at very low speed always call the cops. You're allowed to, and they have to investigate if you call them out. And it's funny how quickly people change their tune when PC Plod turns up

Or, depending on circumstances, the police arrive, determine the sequence of events and prosecute you for careless driving.

In monka191's case, I'd say it's impossible to give good, impartial advice without seeing the location, but generally speaking, if you turn right across the path of an oncoming vehicle, without good reason (like road markings or green filter traffic lights) it's going to be your fault. In short, if other traffic has priority, you don't pull out in front of, or across, unless you can be sure your way is clear and it is safe to do.

As for the speed of the other vehicle, that is notoriously hard to judge accurately, even for experienced traffic cops. It would perhaps affect the situation if the speed was provably excessive, but in the absence of proof to that effect, I'd say your belief he was doing 40 or more in a 30 limit will make no difference.

But as I say, without a lot more info, it's hard to form anything much of an opinion. And even then, "opinion" is all it would be, and not worth much.

[finlay666]

I know this isn't much help now, but if you have a smash that is more than just a dint at very low speed always call the cops. You're allowed to, and they have to investigate if you call them out. And it's funny how quickly people change their tune when PC Plod turns up

Yep, did it when mine was written off, helped I blocked a lane on a very busy road in rush hour and the person at fault was in shock

[walibe]

The sort of accidents most of us have in our first year or so of driving can be largely avoided even if the accident isn't 100% our fault. It is best used as a learning experience, you'll never (hopefully) approach that situation in that way again without more caution. Look at it his way. He was on a green light and someone pulled out into the road in front of him without warning.

The situation could of been far worst, you could of been seriously injured and if the police were involved you could of been prosecuted for dangerous or careless driving. I doubt you being foreign has anything to do with anything.

Also, my insurance contract supposed to finish at the end of December 2014, meaning I have another almost 1000 pounds to pay to them, they said because I made the claim, I am not allowed to cancell it and that they will increase the price as well! My car is in such a bad condition

My understanding was the insurance can end and you are liable to pay the rest of the insurance due for the policy, you do not have to remain with them. but you must settle the outstanding balance. Which insurance company is this?

[Andeh13]

Sorry to hear it OP, but ultimately we all make mistakes and whilst its gunna sting a for while this is what we have insurance for. Your fault or theirs, they will put you back on the road and you will just have to grin & bear the insurance costs for the next few years. Everyone unfortunately ends up going through it sooner or later, one way or another, so just try and grin & bear it and knowing in 6 weeks time you will be ok, 6 months and forgotten and then it will just be a minor financial hit in the big scheme of things!

[Butcher]

You should get some proper legal advice.

However from the facts here I don't think you're going to get very far trying to get things changed.

Since you were turning right across traffic, it's going to be tough to persuade them it's not your fault. Even if the van was speeding you're at fault unless he was going really fast (40 in a 30 won't cut it). Unless you can show that he ran a red light, then you have a reasonable case.

On the insurance repairing his van, they're allowed to do that. If you're in an accident they don't need your permission to pay out after the accident; buying insurance gives them permission to act on your behalf, which they are.

Paying off the rest of the premium is normal if you have a claim, otherwise people would cancel as soon as they had a claim on their insurance. The insurance company wants to get at least some of their money back. They shouldn't increase the price midway through the cover period though AIUI.

The cameras and police thing won't really go anywhere without a witness. It's your word against his so you won't get a favourable outcome.