Head on crash one way street

[Arthur Strong]

Just collected my young son from school. I was driving the right way down a narrow one way road when a car came out of a small garage and drove head first into me. Substantial damage to my car which is 12 year old. I have had it from new and only done 48,000 miles. I am a disabled driver and only do school and frequent hospital runs.
Driver blamed me for not seeing him. He said he gestured for me to stop but i didnt even see him. Police gave him a motor ticket for driving wrong way. I went to hospital because of neck, shoulder and back pain. Doctor prescribed strong painkillers. I'm still in a lot of pain.

Police checked he is insured which he is.

Should police have breathalysed him?

Do I have anything to worry about insurance wise or is it an open and shut case because he was driving wrong way on a one way road?

many thanks

[ssparks2003]

Re: Head on crash one way street

Unless the police had suspicision that he was over the limit then no they would not, I assume that they did not breatherlise you?

From the infomation you have provided there should be no issue with your claim

[Johnboy007]

Re: Head on crash one way street

Hi,
The police do not have to give him a breath test.
It is down to the discretion of the officer at the time.
Because he drove the wrong way down a one way road, does not mean that this is an open and shut case.
It all depends on what the other driver admits too, or denies.
It can drag on for ages.
A very similar case I was involved in did not get settled until the day of a court hearing, some 14 months later.
Also, have you put in a claim for injuries sustained as a result of his negligence.
Most insurance companies have Legal Assistance for their customers, if you paid for this section.
They will then claim on your behalf.
You do not have to accept any offer if you think you deserve more.
As for your car, you will only get market value I'm afraid.
Contact your insurance company if you wish to proceed with a claim, or go to any Accident Claim specialist.
Ask for a replacement car, while yours is off road.
Good luck

[righty]

Re: Head on crash one way street

When you say you're disabled to what extent do you receive higher DLA??

[Arthur Strong]

Re: Head on crash one way street

When you say you're disabled to what extent do you receive higher DLA??

I am on highest rate mobilty. Thank you all for being so kind to answer. I'm mors concerned with the pain I am in than the car. Hospital said pain could get progressively worse over next week or so.

[righty]

Re: Head on crash one way street

Visit a local solicitor & start your claim for special & general damages He/She may also get the 3rd party insurer to agree to some early privately funded treatment

[Johnboy007]

Re: Head on crash one way street

My daughter's car was hit in the rear by, of all people, a car full of doctors.
They admitted liability and my daughter made all the required claims for her injuries.
This happened nearly 18 months ago, and it has still not been settled.
So my friend, do not expect a fast deal here.
Insurance companies do not like paying out, and will drag it out until they either get what they want, or near too it.
I wish you luck.

[bizzybob]

Re: Head on crash one way street

Did you take photographs of the scene and the cars position, signage etc showing the direction of traffic even with a mobile phone? If so they will help you deflect any denials by the other party, but unfortunately this could be a long haul. Check with your insurers if a courtesy car is available under your policy, but beware the Claims management companies that upgrade a courtesy car to a better model and bill the other parties insurance, as you could end up with a bill for that.
see this article about the Credit Hire scram:

http://www.thisismoney.co.uk/money/c...-car-trap.html

[des8]

Re: Head on crash one way street

Hi and welcome.
As others have said, this might not be as straight forward as you think.
Firstly what insurance do you carry, Full Comprehensive or third party, fire & theft?
You say you didn't see him? If he was driving towards you why didn't you see him?
Because you didn't see him I assume you drove into him. Is this assumption correct?
When you collided was he stationary, or does he claim he was stationary?
You say he says he "gestured". Was this a hand gesture, or did he sound his horn( or claim to)?
What were the speed limits in force and what speed were you doing?
What were the road conditions at the time?
What was visibility?
Was your view of the road ahead obstructed in any way?
Presumably the incident happened recently & therefore during daylight hours.
Re the third party: Has he made a claim against you, or do you expect him to?
In your opinion was there damage to his vehicle/ did you record that damage?

Without a lot more info about the incident most advice is going to be based on assumptions and speculation.

[Arthur Strong]

Re: Head on crash one way street

Hi and welcome.
As others have said, this might not be as straight forward as you think.
Firstly what insurance do you carry, Full Comprehensive or third party, fire & theft?
You say you didn't see him? If he was driving towards you why didn't you see him?
Because you didn't see him I assume you drove into him. Is this assumption correct?
When you collided was he stationary, or does he claim he was stationary?
You say he says he "gestured". Was this a hand gesture, or did he sound his horn( or claim to)?
What were the speed limits in force and what speed were you doing?
What were the road conditions at the time?
What was visibility?
Was your view of the road ahead obstructed in any way?
Presumably the incident happened recently & therefore during daylight hours.
Re the third party: Has he made a claim against you, or do you expect him to?
In your opinion was there damage to his vehicle/ did you record that damage?

Without a lot more info about the incident most advice is going to be based on assumptions and speculation.

Brilliant sunshine was the weather. I have fully comprehensive insurance. Speed limit would be 30 miles an hour. I am not sure what speed I was doing as I breaked hard as soon as I saw him. No more than 20 miles an hour. I did not see him as cars on both sides of the road and he pulled out of a small garage just before the clash. His car is damaged too. I saw it this morning. it is still parked the wrong way around in that road. He told me he had gestured. I did not see who was driving car until they got out shouting at me, let alone see a gesture.

[des8]

Re: Head on crash one way street

Thanks.
So the scenario is that in a narrow one way street, lined with cars on both sides, he pulled out of a side access in front of you and turned the wrong way. You saw him (contrary to what you said in your original post!) and performed an emergency stop but were unable to avoid him.
Stopping distance at 20mph is about 40 foot, so was he only about 2 car lengths away when he pulled out?
You hold him 100% liable as he was obviously driving without due care and attention.
With that scenario you should have no problems, but be careful how you describe the accident.
I assume you have claimed/or are about to claim on your own policy for the damage to your vehicle.
Do check that your insurers (the legal expenses) are making a personal injury and uninsured losses claim for you/your son if applicable
Also watch the courtesy car position as warned.

[righty]

Re: Head on crash one way street

Also, in order to mitigate your losses you MUST seek further medical treatment asap. Under the current protocols liable 3rd part insurers are expected to help provide said treatment. Speak with your legal reps asap

[Arthur Strong]

Re: Head on crash one way street

Also, in order to mitigate your losses you MUST seek further medical treatment asap. Under the current protocols liable 3rd part insurers are expected to help provide said treatment. Speak with your legal reps asap

Today I have been in a lot of pain from neck, back and left shoulder and left leg. I am on maximum does of ibuprofen five times a day but it is not preventing.pain. cannot get gp appointment until next Wednesday. Can't waste accident and emergency time as it isn't an emergency. Really been down about the whole accident.

[des8]

Re: Head on crash one way street

Sorry to hear about your condition.
You may not consider it an emergency, but it is the result of an accident.
If you cannot obtain an emergency appointment with your GP I think you are perfectly entitled to return to the hospital, if only for stronger pain killers.
You stated earlier you are a "disabled " driver. Does this accident impinge on your disability?
Presumably you have notified your vehicle insurers about the accident.
Have you also requested your legal expenses insurers (if you have that cover) to pursue the third party for your uninsured losses? If so notify them of your deteriorating condition and ask them to obtain authorisation from third party' insurers to visit a physiotherapist.
Although the third party insures will possibly delay matters until they receive their insured's version, the fact that your condition is deteriorating, and they will be picking up the tab, they might just authorise private treatment in the hopes of limiting their losses.

Last piece of advice: don't be in a hurry to settle for damages for your pain. It may appear healed but can recur years later. Refuse to settle until your are positive beyond a shadow of doubt that you are recovered.

[Johnboy007]

Re: Head on crash one way street

Today I have been in a lot of pain from neck, back and left shoulder and left leg. I am on maximum does of ibuprofen five times a day but it is not preventing.pain. cannot get gp appointment until next Wednesday. Can't waste accident and emergency time as it isn't an emergency. Really been down about the whole accident.

I'm sorry my friend, but I must disagree with you about it not being classed as an emergency.
Only an examination and possible x-rays of your injuries can determine this.
It is possible to fracture or seriously injure the back or displace the spinal cord.
A general GP could not possibly determine the extent of your injuries without x-rays or scans.
Get your bum down to A&E as a matter of urgency.
It is also possible, that in the event of you making a claim against the third parties insurance company.
They could offer the fact that you may very well have aggravated any injuries, by not seeking immediate medical assistance at a general hospital's A&E department.
:tinysmile_twink_t2: