I really could do with some advice if anyone could help ill explain what happened first. it was 9.20pm it was a dry clear night. I was driving down a country lane the lane is narrow in parts with passing points through out on the lane there is a very narrow bridge which motorist have to slow right down for (as I did and always have) as this bridge is only wide enough to carry 1 vehicle. After crossing the bridge I was only doing 20-25mph max knowing I might have to prepare to stop and wait for other road uses to pass in passing points only to my left hand side. Approximately 5-7 meters after I had come over the bridge I noticed the lights of an on coming vehicle. As soon as I noticed I started slowing down to pull into the nearest safe passing point positioning myself as far left as I possibly could and became stationary i turned my lights from high beam to main beam (normal driving night lights) not to dazzle the on coming vehicle. It all happened so fast as the guys car came round the bend (in my opinion in excess of the speed limit and what can safely be down on this lane) with the rear end of the car sliding/drifting out of control he seen me and panicked and tried to correct what was happening and hit the hedge row, he was going so fast the hedging ricocheted him into the front drivers side wing causing him to lift my van up in the air (this felt like we was spinning). He then drove momentarily partially under the van, the van then hit the floor with a massive crash causing my window to smashed, he then hit the hedging and back into my van several times throwing us from side to side, which shunted my vehicle backwards into the hedging and a tree, before he finally came to a stop just past the rear of my vehicle. After being trapped in the van for nearly 2 hours the 2 fire crews got me out and i was taken to hospital. When the police came to the hospital they told me that the guys car had 2 defective tyres with less then 1mm on treed on both and he was getting prosicuted for this and driving without due care and attention.
My problem is his insurance are trying to say its 50/50 i dont see how this could be the police have said it was his fault all together they found 12 defects on his car my van was written off and has left me in a right mess mentally and physically. I just dont know what to do i am NOT accepting 50/50 do you think i have grounds to go to court with this.
I do appoligise for the essay but any advice would be great TIA
My problem is his insurance are trying to say its 50/50 i dont see how this could be the police have said it was his fault all together they found 12 defects on his car my van was written off and has left me in a right mess mentally and physically. I just dont know what to do i am NOT accepting 50/50 do you think i have grounds to go to court with this.
I do appoligise for the essay but any advice would be great TIA
