![]() |
| If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. |
|
|||||||
| uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden. |
|
|
Thread Tools | Display Modes |
|
#1
|
|||
|
|||
|
Back in November, yes November, I had a walking pace motor vehicle accident at a roundabout. The driver started to move off on a clear road and suddenly braked. Luckily I was only crawling forward bu the cars touched. We pulled to the side of the road and I noticed that here was already considerable damage to the rear of the other vehicle. I took a photo using my mobile and the guy who got out of their car (who was not the driver) assured me that he would not be looking to claim against me. My exact words were"you aren't coming after me for that", I offered him 40 pounds for the cracked number plate which I still believe may not have even been caused by me. He didn't accept but said he wanted to see it in daylight. I was suspicious right away and alerted my insurers to what had happened. They have subsequently lodged a claim against me for £800, we have pulled the quote to pieces to illustrate that I couldn't have caused the damage. My insurers have of course said that we will fight and have invited them to sue but we are getting no response. The people concerned had the vehicle repaired within days which makes me think that it was already booked in and they were looking for a "sucker" to ease the burden. They wouldn't, and still won't agree to an inspection. I have had to renew my policy and have been charged a higher premium because the claim is pending. My insurers say there is no time limit on these cases and I don't know what else to do. I am tempted to take out a liblous advertisement stating their name and details to try and draw them into court. Other than that I don't know what actions I can take. Any help and advice appreciated
|
|
#2
|
|||
|
|||
|
On Aug 26, 5:10*pm, oakleys wrote:
Back in November, yes November, I had a walking pace motor vehicle accident at a roundabout. The driver started to move off on a clear road and suddenly braked. Luckily I was only crawling forward bu the cars touched. We pulled to the side of the road and I noticed that here was already considerable damage to the rear of the other vehicle. I took a photo using my mobile and the guy who got out of their car (who was not the driver) assured me that he would not be looking to claim against me. My exact words were"you aren't coming after me for that", I offered him 40 pounds for the cracked number plate which I still believe may not have even been caused by me. He didn't accept but said he wanted to see it in daylight. I was suspicious right away and alerted my insurers to what had happened. They have subsequently lodged a claim against me for £800, we have pulled the quote to pieces to illustrate that I couldn't have caused the damage. My insurers have of course said that we will fight and have invited them to sue but we are getting no response. The people concerned had the vehicle repaired within days which makes me think that it was already booked in and they were looking for a "sucker" to ease the burden. They wouldn't, and still won't agree to an inspection. I have had to renew my policy and have been charged a higher premium because the claim is pending. My insurers say there is no time limit on these cases and I don't know what else to do. I am tempted to take out a liblous advertisement stating their name and details to try and draw them into court. Other than that I don't know what actions I can take. Any help and advice appreciated -- oakleys Did you leave adequate stopping distance between yourself and the other vehicle? If so, why did you hit it? Are you suggesting that they tricked you into driving slowly into their rear? If you did not leave adequate stopping distance, why not? Rear ending another vehicle means that you are very probably in the wrong (unless they were reversing). Let your insurers deal with it. |
|
#3
|
|||
|
|||
|
Of copurse I left enough room, I have been driving for 30+ years and have never had an accident. The woman crossed the white line at the roundabout and stopped, if I had not left enough room I would have caused substantial damage. This was deliberate. Do you honestly think I woudl post on a site like this if I was in the wrong.
-- oakleys[/i][/color] Did you leave adequate stopping distance between yourself and the other vehicle? If so, why did you hit it? Are you suggesting that they tricked you into driving slowly into their rear? If you did not leave adequate stopping distance, why not? Rear ending another vehicle means that you are very probably in the wrong (unless they were reversing). Let your insurers deal with it.[/quote] |
|
#4
|
|||
|
|||
|
On Aug 26, 11:45 pm, Scary Lee wrote:
On Aug 26, 5:10 pm, oakleys wrote: Back in November, yes November, I had a walking pace motor vehicle accident at a roundabout. The driver started to move off on a clear road and suddenly braked. Luckily I was only crawling forward bu the cars touched. We pulled to the side of the road and I noticed that here was already considerable damage to the rear of the other vehicle. I took a photo using my mobile and the guy who got out of their car (who was not the driver) assured me that he would not be looking to claim against me. My exact words were"you aren't coming after me for that", I offered him 40 pounds for the cracked number plate which I still believe may not have even been caused by me. He didn't accept but said he wanted to see it in daylight. I was suspicious right away and alerted my insurers to what had happened. They have subsequently lodged a claim against me for £800, we have pulled the quote to pieces to illustrate that I couldn't have caused the damage. My insurers have of course said that we will fight and have invited them to sue but we are getting no response. The people concerned had the vehicle repaired within days which makes me think that it was already booked in and they were looking for a "sucker" to ease the burden. They wouldn't, and still won't agree to an inspection. I have had to renew my policy and have been charged a higher premium because the claim is pending. My insurers say there is no time limit on these cases and I don't know what else to do. I am tempted to take out a liblous advertisement stating their name and details to try and draw them into court. Other than that I don't know what actions I can take. Any help and advice appreciated -- oakleys Did you leave adequate stopping distance between yourself and the other vehicle? Clearly the OP did not. If so, why did you hit it? Are you suggesting that they tricked you into driving slowly into their rear? I think the OP is suggesting just that. If you did not leave adequate stopping distance, why not? Carelessness. Easily done (I have hit and been hit in similar circumstances). Rear ending another vehicle means that you are very probably in the wrong (unless they were reversing). In the wrong, yes, but only liable for the damage /he/ caused - not any pre-existing damage. Let your insurers deal with it. The problem is that the insurers have little incentive to get this over with quickly (they are going to end up paying /something/), and in the meantime, the OP is socked for the insurance premium appropriate for somebody who had an £800 claim in the previous year. *However* I think the OP is labouring under a misapprehension. There almost certainly /is/ a valid claim (even if only for the cracked number plate), and that means he loses his no claims bonus. The no- claims bonus tends to be a rather all-or-nothing affair - /any/ claim (even for 1p) will lose /all/ of it. |
|
#5
|
|||
|
|||
|
In message
, at 09:15:14 on Wed, 27 Aug 2008, Martin Bonner remarked: *However* I think the OP is labouring under a misapprehension. There almost certainly /is/ a valid claim (even if only for the cracked number plate), and that means he loses his no claims bonus. The no- claims bonus tends to be a rather all-or-nothing affair - /any/ claim (even for 1p) will lose /all/ of it. Worse than that, a claim that pays nothing will still cause it to be lost. It's a "no CLAIM" not a "no PAYOUT" bonus. Looking at it from the insurance company's point of view, they still have a lot of cost involved in defending a payout on behalf of the insured. However, I applaud those insurance companies that take a more enlightened view and have various kinds of "protected" no-claim bonus. -- Roland Perry |
|
#6
|
|||
|
|||
|
"Martin Bonner" wrote in message ... On Aug 26, 11:45 pm, Scary Lee wrote: On Aug 26, 5:10 pm, oakleys wrote: Back in November, yes November, I had a walking pace motor vehicle accident at a roundabout. The driver started to move off on a clear road and suddenly braked. Luckily I was only crawling forward bu the cars touched. We pulled to the side of the road and I noticed that here was already considerable damage to the rear of the other vehicle. I took a photo using my mobile and the guy who got out of their car (who was not the driver) assured me that he would not be looking to claim against me. My exact words were"you aren't coming after me for that", I offered him 40 pounds for the cracked number plate which I still believe may not have even been caused by me. He didn't accept but said he wanted to see it in daylight. I was suspicious right away and alerted my insurers to what had happened. They have subsequently lodged a claim against me for £800, we have pulled the quote to pieces to illustrate that I couldn't have caused the damage. My insurers have of course said that we will fight and have invited them to sue but we are getting no response. The people concerned had the vehicle repaired within days which makes me think that it was already booked in and they were looking for a "sucker" to ease the burden. They wouldn't, and still won't agree to an inspection. I have had to renew my policy and have been charged a higher premium because the claim is pending. My insurers say there is no time limit on these cases and I don't know what else to do. I am tempted to take out a liblous advertisement stating their name and details to try and draw them into court. Other than that I don't know what actions I can take. Any help and advice appreciated -- oakleys Did you leave adequate stopping distance between yourself and the other vehicle? Clearly the OP did not. If so, why did you hit it? Are you suggesting that they tricked you into driving slowly into their rear? I think the OP is suggesting just that. If you did not leave adequate stopping distance, why not? Carelessness. Easily done (I have hit and been hit in similar circumstances). Rear ending another vehicle means that you are very probably in the wrong (unless they were reversing). In the wrong, yes, but only liable for the damage /he/ caused - not any pre-existing damage. Let your insurers deal with it. The problem is that the insurers have little incentive to get this over with quickly (they are going to end up paying /something/), and in the meantime, the OP is socked for the insurance premium appropriate for somebody who had an £800 claim in the previous year. *However* I think the OP is labouring under a misapprehension. There almost certainly /is/ a valid claim (even if only for the cracked number plate), and that means he loses his no claims bonus. The no- claims bonus tends to be a rather all-or-nothing affair - /any/ claim (even for 1p) will lose /all/ of it. That is not always the case. I've had three accidents in the last 20 years caused by other drivers. The most recent last December when a driver went into the back of my car whilst it was stationary. None of them affected my NCD or increased the following years premium. IME if your insurance Co can recover all their costs from the third parties insurance. IOW's it's a 'no blame' accident, you are not penalised. And, AFAIK even if you are to blame, you only lose one or two years NCD. Not all of it if you happen to have more. In answer to the OP's question, in the absence of any proof either way. Witnesses etc, IMO there is little he can do. It's just his word against that of the other driver. It's a well known insurance scam. A difficult one to disprove, without witnesses or evidence that those that carry it out have a history of similar claims. Mike. |
|
#7
|
|||
|
|||
|
oakleys wrote:
Of copurse I left enough room, I have been driving for 30+ years and have never had an accident. The woman crossed the white line at the roundabout and stopped, if I had not left enough room I would have caused substantial damage. This was deliberate. Do you honestly think I woudl post on a site like this if I was in the wrong. Its obvuos you didnt otherwise you wouldnt have collided with the other vehicle -- |
|
#8
|
|||
|
|||
|
"oakleys" wrote in message
news ![]() Of copurse I left enough room, I have been driving for 30+ years and have never had an accident. The woman crossed the white line at the roundabout and stopped, if I had not left enough room I would have caused substantial damage. This was deliberate. Do you honestly think I woudl post on a site like this if I was in the wrong. Well yes, you DID drive into the rear of the other vehicle. It doesn`t really matter why the other vehicle stopped, you still drove into it. What if the vehicle stalled, engine failed, driver had a heart attack? All valid reasons for a vehicle to stop unexpectedly, and rear-ending them would still be your fault. If you had left enough room and been observing properly then you wouldn`t have hit her - sorry if this sounds blunt but it is the truth, and you need to take a step back and realise this. Getting defensive like in your above post helps nobody, especially you, as it makes people less likely to try and help. The best bet for you right now is to accept that, whatever the motives of the person who stopped, unless they reversed into your car then the actual collision is your fault, and you are responsible for making good the damage caused by that. The difficulty you have is proving what damage was due to the collision you caused, and what was already there, and without witnesses you`ll have a hard time proving anything I`m sorry to say. I`m not preaching that you`re a bad driver - with the best will in the world these things do happen, but the simple legal situation is that you are in the wrong, in terms of causing this collision. Also, this is not a site, it is a newsgroup. |
|
#9
|
|||
|
|||
|
steve robinson wrote:
oakleys wrote: Of copurse I left enough room, I have been driving for 30+ years and have never had an accident. The woman crossed the white line at the roundabout and stopped, if I had not left enough room I would have caused substantial damage. This was deliberate. Do you honestly think I woudl post on a site like this if I was in the wrong. Its obvuos you didnt otherwise you wouldnt have collided with the other vehicle It is a no claim discount , not a no blame discount. Having said that most insurers will allow the discount if they do not have to pay anything. If you go into the back of anyone it is an uphill struggle alleging that they were more negligent than you or did it on purpose. Demonstrating negligible damage on your own car might make it possible to defend a claim for a lot of damage to a TP vehicle but again it is difficult. If they were seriously manufacturing a claim there would be claims for whiplash from all the occupants. (That is how organised crime do it.) Having spent 25 years dealing with insurance claims I can say that accidents in these circumstances are far from unusual. Never assume someone is not going to stop at an empty roundabout or will not suddenly stop again after moving off. |
| Thread Tools | |
| Display Modes | |
|
|