Who is to blame?

Question

I was involved in an accident. I was driving along a duel carriage way in the outside lane when a car came out of driveway.
The inside lane had cars stopped at the lights and one of the drivers flashed to allow the woman out.
She came out a little..which I noticed and slowed down..
She had stopped at the centre line, thinking she was letting me pass, I kept going...when suddenly she drove out into the lane i was in an we collided.
She immediately admitted liability and we swapped details.

Now my insurance company are saying she is denying liability and it may work out as her word against mine which will affect my no claims.
The other drivers left the area without leaving their details and i've put up a poster at the scene asking if anyone witnessed it.
She said she was stationary in the second lane and I drove into her....which would make it my fault..but when she pulled out, I was less than 2 cars away from her with clearly not enough distance to stop.
Anything else I can do

Thanks to all the replies...but felt I had to add some details in.
She wasn't reversing into the road she was turning into it.
And..I was not speeding....My airbags didn't deploy when I hit her and after speaking to a Ford mechanic, he said I would have had to hit her travelling at a speed of more than 18miles per hour for them to deploy.
There were traffic lights ahead that were red...there was no point in me spedding..I wasn't going anywhere..but she pulled out in front of me seriously impeding my breaking distance...less than 15 feet.
Anyway...I got a call today from a guy who witnessed the incident..He felt the woman in the gold 4x4 was to blame (haha...the other driver) so i'm passing the details onto my insurers.
Hopefully this will strengthen my case.

Answer 1

Sounds like she pulled out and that makes it her fault. Also, I believe that flashing another car - is legally meaningless. The fact that she changed her mind sounds like she was advised to. I was always told: never admit guilt. Good luck.

Answer 2

Take pictures and anything else you can do to prove your case. Don't count on any good Samaritans coming forward to support your side of the accident.

An accident happened to me where the one responsible denied responsibility or even being at the scene. I was working a second shift, lived at the end of circle driveway and had just arrived home after work when I heard a crashed outside. The other party attempted to drive through and hit my truck taking off. I jumped in my vehicle and chased them down. About two blocks later they stopped. Both of them were really, really drunk.

I hated to call the cops as I knew it would result in a DUI for them. They gave me their insurance company's number. I should have taken down their plate number and the insurance card policy number as they later claimed not to be involved at all.

In the end, their own insurance company took my side of the accident after I detailed what the woman looked like and the vehicle. Moral of the story: Get all the facts you can and don't trust anyone.

Answer 3

I was in an accident similar to this a few years back, the other driver admitted liability then spouted some cr@p about it not being his fault, I'm afraid your insurance company may not back you 100% I had to settle for 50/50 blame.

If its any consolation I think your in the right, the other driver should have waited for the road to be clear before pulling out.

hope you get it sorted!

Answer 4

It is not your fault, the circumstances are obvious and the cause can be worked out from the damage. It is very common at the scene of an accident for the guilty party to accept blame, then after talking to people they will change their mind. You should never accept liability at the scene. The insurance companies will sort it out tit for tat, and you will lose you nc, so will she.Flashing headlights mean danger, never rely on other people to say come on, like she did.

Answer 5

From what you say she was reversing onto a main carriageway. This in itself is an illegal manoveur so I'd imagine when the insurance companies argue it out she will be considered to blame.

If she was reversing out then the angle of where you hit her would be on the nearside instead of bang on the rear which it would be if you had ran into the back of her. If you did run bang into the back of her then that would support the theory you were travelling too fast.

Answer 6

Firstly the police wont get involved if nobody was injured. If you have no independent witnesses and she denies it you are in the muck. Your insurance company/legal cover team should be trying to push this for you but if the other party denies it could end up been knock for knock. Had it myself twice!

Answer 7

Draw a diagram of the accident showing the placement of the cars. In order for the other story to be true, the damages would have to match her version of events, which they most likely will not.

Answer 8

She is to blame, you were on the major road and therefore she shouldn't have pulled out until it was clear to do so. Unfortunately as you have no witnesses it is a case of 50:50

Answer 9

I suspect by her admitting liability at the scene it was wrong no-one should admit liability and her denying it means someone has told her not too.

As for who is too blame I cannot say it's up to the insurance companies to argue it out.

Answer 10

i know how you feel because someone went into the back of me and at the time he admitted liability but has not yet reported it to his insurance so i am now 900 out of pocket until he admits it.without witnesses you have on leg to stand on,crap i know but thats life.