Insurance company seems to be over willing to concede liability to the other driver: what can I do?

I had an accident this Tuesday, 100% of the liability has gone on me, and I'm not sure how much I am to blame. I overtook a slow-moving van in two way traffic (one lane going in each direction) with no approaching vehicles. I deemed it to be a safe manoeuvre as there was nothing coming the other way, but as I pulled alongside the van it swerved into my lane and hit me whereupon I was flung off the road into a grass area. There were no injuries to either party thankfully but the other driver has lied about what happened, saying that from out of nowhere and ran into him. I have an independent witness who said she didn't think it was my fault because she saw the van drive into me. I asked the driver why he moved into my lane so quickly and he looked stumped and said nothing. But my insurance company is telling me that they are conceding liability and won't phone the witness because I am at fault as the person overtaking as the driver in front always has the right of way. But my question is, does the driver in front have the right of way to both lanes? Do they have the right to pull across into the lane I'm using to overtake? They didn't indicate and there was no road on the right to turn into, so I don't see they have any excuse for why they ran into me. There were no parked cars on the left, so he wasn't pulling out to overtake anything.

You cannot be liable for an accident merely because you were overtaking. All of the facts must be considered and the evidence of the independent witness is vital. Bearing in mind that your accident happened just a few days ago, it is too early for your insurers to reach any definitive conclusion.

They may possibly have jumped the gun and conceded liability to the other driver, so that they could offer to pay for his repairs and a courtesy vehicle which would minimise costs from their point of view.

However, a robust line should be taken with them if they are failing to take any notice of your description of the accident and they or someone working on your behalf must contact the witness.

At the end of the day, you might be held responsible or 50% to blame but only after the matter has been properly considered.

It will almost certainly be to your benefit to have formal legal representation in this sort of case to work in your interests and sharpen up your insurer. Obviously legal fees can be expensive and you don't want to enter into an open ended commitment. Our sister site has a policy - Crashguard Hindsight which can be taken out following a collision and limits exposure to legal fees by providing legal expenses cover even after an accident has occurred. At £75 it is a bargain as it will also provide you with all the benefits of full crashguard accident scene assistance and full legal cover for a year after the policy has been taken out. It may be appropriate if you wish to pursue the matter further.

Come back to me if you think you will benefit from more information.

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