Road Traffic Accident (M62) Advice...

[Mike22]

Two weeks ago 2day i was travelling home from Bolton on the M62 (West bound towards Warrington) about 4.30pm to 4.45pm. I was in the slow lane doing about 50 - 60 mph and i was near my junction when a BIG lorry in the middle lane drove into the side of me...he hit my rear right hand side which spun me around the front of his lorry and he was pushing me down the motorway SIDEWAYS!!!...before he pulled left and left me in the middle/fast lane fasing all the on coming traffic!!! (Yes I **** myself!!!)

Luckily all the traffic behind stopped in time and I managed to get my car started again and pull it over to the hard shoulder. After getting out of my passenger door (drivers door was fooked) i was stood on the side of the road shaking!! the driver got out after a few mins and approached me and said "was that you i hit" ...to which my bemused responce was a very sarcastic "YEAH!!!"

Anyway, i called the police and exchanged insurance details with the driver, who i don't think had a clue to what had happened! the police turned up, spoke to us both seperately, check my drivers liscence etc, gave me his details and a log number for the accident!

Since this happened my car has been delaired a write off and i am awaiting a cheque from my insurance. I have just found out today that the other driver is not accepting liability and he is saying i drove into his lane!!!! - How i would struggle to see a 40ton lorry i don't know!!!

I have spoke to the highway agency to see if there was any CCTV but as it was two weeks ago they said they would not have any records, boo! There are no independant witnesses as everyone who braked behind me carried on driving when i got my car to the side of the motorway!

I am looking for any advice anyone can give me or things could do that may help my case to prove the other guy was at fault!

any help would be much appreciated, thanks

Regards

Mike22

[madtrev5]

i would say its will have to be down to the police to sort out tbh and the insurance companies theres not a lot u can do if no witnesses if u were fully comp id say they will pay u out then sort out the blame after might even end up a knock for knock means u calin on your and the othere driver claims on his

[BunGee]

You really have to phrase and explain your version as best as you can. If you have no witnesses or evidence, then it is down to who's version is the most reasonable/believable.

Although the insures will try and make a commercial decision above anything else, make it clear to them that you are not accepting any liability whatsoever, and insist that they deal with this robustly in your favour. Advise that you will go to court and give evidence if need be

It will be standard practice for the other party to try and blame you, but you need to persevere

Ask for regular updates (or better still keep phoning them) to make sure that they don't try and settle the claim without your prior knowledge/consent

[brian]

I'm afraid I can't offer any professional advice - but I would not be surprised if denying liability were a common approach for any commercial driver, and that expectation of this is built into the insurer's perspective.

Issues such as the actual damage to your car and the police report I would have thought will help you.

All the best in getting it sorted out.

[ghostr1o1]

hi just a note i drive a 44 ton truck and its not common practice amonst commercial drivers to deny liability i know drivers who have held their hands up and said yes i was at fault there is also alot who dont (just my veiw} but back to your situation
1/ have the police charged any one with driving without due care,
2/did they take statements of you both
3/did he deny liability at the scene or afterwards to the insurance co
4/have the police charged him with any tacho infringements as he will have a chart in his cab which will tell them the exact,
time of the collition
speed he was traveling at
when he had a break (rest period)
what time he started duty
how long he had been driving etc etc
if he has been charge with any any violations of these you stand a good chance of moving the blame over to him just a thought.
dont know if this helps you any
you could try asking police they may or may not be willing to tell you (or ask your insurance co to check it out.
regards ghostr1o1