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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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3weeks ago I was driving to my home which is situated on a

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3weeks ago I was driving to my home which is situated on a hill the roads were pretty bad with snow my drive is situated approx. 80 feet from the brow of the hill and there was no traffic visable and I turned into my drive but my back end skidded and I had to straighten up to go into my drive as this happened a car came over the brow of the hill and the driver braked but could not stop and slid into the side of my car damaging the passenger door the driver was very apologetic and said she could not stop . I contacted my insurance company churchills and explained the situation and they told me they would arrange to have my car repaired and they would deal with the other persons insurance and that the other person would be responsible . This morning I received a phone call from my insurance co saying that I was at fault and I would have to pay the excess on my repairs I find this very difficult to understand as they are basing their finding on a google map of the street could you please give me some advice on how to deal with this as they say my only redress is to take it to court
Submitted: 2 years ago.
Category: Law
Expert:  Kasare replied 2 years ago.
thanks question, I will assist you with this.
insurance company to say you were at fault, the driver of the other vehicle (and their insurance company) must have denied liability. Are you aware if the other driver is claiming injury? it is often the case that they do and more often than not it is cheaper insurance company to accept the claim than defend it.
Were you on the "wrong" side of the road? Was the driver of the other vehicle in the correct lane?
"BUT FOR" the snow, would you have been in the position you were in - more or less- anyway? and therefore is there not an argument that the other vehicle was driving too fast in the circumstances, hence being unable to stop and hit you?
I would advise you to contact your insurer and advise them you are not happy with their decision. Reiterate the circumstances and emphasise that the driver of the other vehicle was clearly not driving in accordance with the circumstances - i.e. the snow - and therefore driving to fast as they could not stop in time.
They may look to try and agree a split in liability between the parties, but as I have said quite often, people dont realise, but as your insurer it is up to them to make the decision on the facts of the claim and if it is 2 differing versions of events, they look at what version is more plausible in the eyes of the court.
Have you provided a diagram showing the direction of travel and position of the vehicles? That may assist them in making a final decision.
The costs of taking this to court are huge, hence why insurers often try and settle on best possible terms.
I hope this assists.
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