First of all I apologise if this is in the wrong section and please bare with me as I have no experience or knowledge on cars etc.! :(
My mum was pulling out of a car park on to a main road and a car that was already on the main road had hit my mum's car on the passenger side. My mum could be considered at fault, as by law the other car should have right of way. However when we collected CCTV Footage it shows that the car was speeding and attempted to overtake her. I don't know much about cars and accidents etc. and I'm the only person my mums got to fight against the insurer and being only 17 this is proving to be very difficult for me! The insurer is currently saying that it will likely be a fault claim as they can't use speeding alone to prove an act of negleince. I'm not an expert but if he was abiding by the speed limit he would have had enough time and distance to brake his car to prevent the collision. It's really frustrating as the driver didn't seem to care and even attempted to flee from the scene!
I have linked the CCTV footage below if it helps:
https://onedrive.live.com/redir?resi...nt=video%2cmp4
I've also got a report from a forensic engineer who specialises in accident reconstruction which I have not sent to the insurer just yet. The report is very long but I'll put the conclusion and main summary below:
6.4 Discussion
The provided data included a video of the collision of the incident The video allowed analysis and assessments to be conducted on the images captured from the Video The analysis showed that
that the speed of Mr X vehicle was greater than 54 3 km/h when Mr X responded to the left turning (our) vehicle.
The video footage also showed Mr. X responded to the (our) vehicle by applying brakes The analysis in the report also showed that if the X vehicle had been travelling at or slightly above the posted speed limit then under identical circumstances, the collision would not have occurred
1) The provided video footage prowded conclusive evidence that the speed of the X
vehicle was greater than 54.3 mph.
2) If the speed of the X vehicle had been 30 mph (the posted speed), then under
identical circumstances the collisron between the X and the (our) vehicles would not have occurred
Do you guys think it's worth fighting their decision, I personally don't think my mum is really at fault but then again I know next to nothing about the Highway Code and laws. My mums NCB is protected so I'm not sure if it's worth the hassle. My mum is really worried about it going against her and as the car is now a writeoff there is a lot to deal with! Also according to our insurer, the third party has not put in a claim (not sure how relevant that is).
You can be as honest and harsh as you want, I just really need advice because I can't do this alone ;(
My mum was pulling out of a car park on to a main road and a car that was already on the main road had hit my mum's car on the passenger side. My mum could be considered at fault, as by law the other car should have right of way. However when we collected CCTV Footage it shows that the car was speeding and attempted to overtake her. I don't know much about cars and accidents etc. and I'm the only person my mums got to fight against the insurer and being only 17 this is proving to be very difficult for me! The insurer is currently saying that it will likely be a fault claim as they can't use speeding alone to prove an act of negleince. I'm not an expert but if he was abiding by the speed limit he would have had enough time and distance to brake his car to prevent the collision. It's really frustrating as the driver didn't seem to care and even attempted to flee from the scene!
I have linked the CCTV footage below if it helps:
https://onedrive.live.com/redir?resi...nt=video%2cmp4
I've also got a report from a forensic engineer who specialises in accident reconstruction which I have not sent to the insurer just yet. The report is very long but I'll put the conclusion and main summary below:
6.4 Discussion
The provided data included a video of the collision of the incident The video allowed analysis and assessments to be conducted on the images captured from the Video The analysis showed that
that the speed of Mr X vehicle was greater than 54 3 km/h when Mr X responded to the left turning (our) vehicle.
The video footage also showed Mr. X responded to the (our) vehicle by applying brakes The analysis in the report also showed that if the X vehicle had been travelling at or slightly above the posted speed limit then under identical circumstances, the collision would not have occurred
1) The provided video footage prowded conclusive evidence that the speed of the X
vehicle was greater than 54.3 mph.
2) If the speed of the X vehicle had been 30 mph (the posted speed), then under
identical circumstances the collisron between the X and the (our) vehicles would not have occurred
Do you guys think it's worth fighting their decision, I personally don't think my mum is really at fault but then again I know next to nothing about the Highway Code and laws. My mums NCB is protected so I'm not sure if it's worth the hassle. My mum is really worried about it going against her and as the car is now a writeoff there is a lot to deal with! Also according to our insurer, the third party has not put in a claim (not sure how relevant that is).
You can be as honest and harsh as you want, I just really need advice because I can't do this alone ;(
