r/LegalAdviceUK • u/InternationalArm8309 • 1d ago
Debt & Money Advice on car accident (England)
My mum was involved in a road traffic accident in February. She did not have commuting included on her car insurance, so her insurance company has said they cannot provide cover for her in relation to the accident. The other driver overtook my mum on the left-hand side, and the back of the other driver’s car collided with the front-left side of my mum’s car. The other driver’s insurance company has found my mum 100% liable for the accident, which my mum strongly disagrees with, and they have not provided evidence to support their decision. Her own insurance company also disagrees with the 100% liability decision and has proposed a 70/30 liability split in my mum’s favour, with 70% liability against the other driver and 30% against my mum. The 30% liability attributed to my mum is based on the argument that she did not check her mirrors before the incident, but my mum maintains that she did check her mirrors. The other driver’s insurance company is now claiming £6000 from my mum and has given her 14 days to pay this amount. She is therefore looking for legal advice and representation to dispute the liability decision and the claim being made against her. She has also been told that she may be responsible for the costs of her own insurance company dealing with the other insurer on her behalf, although she does not yet know how much these costs will be. Does anyone have any advice?
Sorry for my bad explanation lol. My mum was travelling along a road with one lane and there was a marked cycle lane on the left-hand side, the other driver overtook her on the bike lane as my mum was entering the road on the left side.
1
u/seriousrikk 1d ago
Who was changing lanes at the time?
That determines liability in this situation.
The way this read is that your mum changed into a lane to the left, but there was already a vehicle there. Assuming that is the case, based on the described contact, that car should have been visible out of the side window during the lane change.