It's a frustrating situation but the main thing that would be used against the third party to hold them at fault is his speed and unfortunately that can't be proven. Unfortunatley even if it could be proven you would still end up with the bigger proportion of blame. It's an annoying situation but as much as you would like your insurer to throw the book at the third party to try and get a recovery they wouldn't stand a chance if they tried to litigate. If it could be proven he was speeding then case law would be used and the solicitors would argue that him speeding mean't he didn't give himself time for evasive action to avoid the collision but the car pulling out would still take most of the blame.

there's a bit more info about that particular case law here https://www.theinjurylawyers.co.uk/inju ... -case-law/

Morally you have a point, had the guy not been driving at speed like an idiot this incident wouldn't have happened but unfortunately the big wigs see it differently.


I'm an insurance underwriter and previously worked in claim's and having seen so many examples of claims where liability can't be proven I decided to get a Dash Cam. Too often it simply boil's down to it being 1 word against the other but having something on Camera completely cut's the element of a third party twisting the truth, given the low cost they can be bought for I'm amazed insurer's havent started offering them with a policy.

It's a frustrating situation but the main thing that would be used against the third party to hold them at fault is his speed and unfortunately that can't be proven. Unfortunatley even if it could be proven you would still end up with the bigger proportion of blame. It's an annoying situation but as much as you would like your insurer to throw the book at the third party to try and get a recovery they wouldn't stand a chance if they tried to litigate. If it could be proven he was speeding then case law would be used and the solicitors would argue that him speeding mean't he didn't give himself time for evasive action to avoid the collision but the car pulling out would still take most of the blame.

there's a bit more info about that particular case law here https://www.theinjurylawyers.co.uk/inju ... -case-law/

Morally you have a point, had the guy not been driving at speed like an idiot this incident wouldn't have happened but unfortunately the big wigs see it differently.


I'm an insurance underwriter and previously worked in claim's and having seen so many examples of claims where liability can't be proven I decided to get a Dash Cam. Too often it simply boil's down to it being 1 word against the other but having something on Camera completely cut's the element of a third party twisting the truth, given the low cost they can be bought for I'm amazed insurer's havent started offering them with a policy.