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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I would appreciate some advice what to do next and who is right:

Customer Question

I would appreciate some advice what to do next and who is right: I have been contacted by my car insurer that 3rd party claim has been made, but I am not sure I am at fault. The person who filed it said that I cut her on the roundabout and she is claiming for the damadge to the rear of her car, as her car was hit by a car behind her. I was not in the accident, but the claim is as if I am. I do not remember where it exactly took place and have to call my insurer again in the morning today to ask about the exact roundabout, as I was told it had two lanes and I remember one.
This is what I recall from 11.09.2015 for which the claim was made yesterday:
I remember that the roundabout was with one lane and had three exits, somewhere in Bimingham in the direction to Gatwick Airport. I was driving very slowly, with my mother as a passenger, and kept a safe distance from a car in front of me. I was signalling to turn left to go to Gatwick Airport and was breaking, but changed it to signalling right, as my navigation started showing me that it was a wrong exit. I mmight have started turning left, and went back to the main lane, but I do not remember for sure. I continued on the roundabout. There were cars behind me.
I heard a loud thump behind me and not sure what happened, I stopped at the petrol station which has its entrance at the next exit of that roundabout. I came out of the car to assess what happened, but nothing was wrong. On the roundabout there were two cars. Two ladies came out of each of them, started shouting, looked round, noticed me, and one of them started pointing at me, kept shouting, and both of them run in my direction. They started accusing me that I caused an accident. I think the second driver did not keep any safe distance at the roundabout. I understand that this can be investigated by their insurer.
One of the ladies called a man who was at the petrol station and asked him to be a witness. He said that I was not in any incident and that it was their fault. They did not like it and were even more insistent. They photographed me and my car. I said I had to go as had a scheduled flight.
To my mind, the accident would not take place if the lady in the second car kept a safe distance and watched the road. What shall I do? Am I at fault?
Thank you,
K.
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
The person who filed 3rd party insurance claim wants my insurer to pay for their accident claiming that it was my fault that the person who drove into the rear of their car did this because of my fault.
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you with this.
What is it you would like to know about this please?
Alex
Customer: replied 10 months ago.
Hello, I would like to know how to handle it - what to write in the statement for the insurance company. I have been driving only since September 2014, but have already driven 20.000miles. My excess on the insurance is £350, unfortunately.
Expert:  Ash replied 10 months ago.
If you did not cause the accident you say so. But what you dont say is that you checked your mirrors before changing lanes, you are of course required to do this. So if you did not check your mirrors you may be partially responsible.
But you need to write back to the insurance company setting out exactly what happened. Just because there is a claim against the policy does not automatically mean it will be successful. The insurance company will not want to pay out and therefore will fight liability for you.
Can I clarify anything for you about this today please?
Alex
Customer: replied 10 months ago.
Thank you for the answer. I still have a problem with figuring out where exactly it happened, as it was a roundabout on a very long road. I told my insurer that, but they did not have any further details and siad that they would request advanced statements and police sketches. Can I wait with my own statement till they obtain the details, so that at least I can see how the roundabout looked? I did not know this area and was on a way to the airport.
Expert:  Ash replied 10 months ago.
Yes, or of course you can Google Earth search it.
Does that help?
Alex
Customer: replied 10 months ago.
No, not really A45 is too long
Expert:  Ash replied 10 months ago.
Ok, then you don't need to give it now and wait for the statement until you have the details.
Does that help?
Alex

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