Hi Everyone,
I'm a frequent visitor and very rare participant but wanted your advice and any tips to help in my claim against a third party driver.
To cut a long story short - I was stationary in traffic when I was hit in the rear driver's side bumper and side bumper. The other driver then immediatley drove past me. It was in a section of road that becomes two lanes during peak periods for a short distance, southbound just after the A4 junction with North End Road for those who know the area. I had to make myself known by shouting, flashing lights and using the horn to get the other driver to stop. He then got out out said there wasn't any damage and refused to give me his details and drove off.
I dialed 999 and subsequently reported him for failing to exchange details. The damage to my vehicle is mostly just paint damage but will cost £800 approx to get it repaired properly. I haven't had it repaired yet as I wanted to wait for the other driver to admit liabilty so I wouldn't have to pay my exess of £500 and to be honest if he wasn't insured or I didn't get his liabilty I wouldn't make a claim on my policy to get it repaired. I'd just live with the damage.
I've been in contact with the third parties insurance direct as I was told this would be the best way to claim. Two months on and I've now been told that he denies liabilty, saying that I cut into him and he couldn't avoid hitting me which is a complete lie.
He has now said there was a witness to the collision and is presently getting a witness statement form filled in by his mysterious witness.
I've written to his insurance to say that I will now use my legal cover to start action to recover my losses.
Does anyone have any advice or tips etc on how to firstly make his insurance company see sense and to admit liability or what I can do to help my claim if it comes to court action.
Many thanks in advance.
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Tough one. Unless the circs speak for themselves, it's your word against his, or worse if he produces a witness who is prepared to describe events that make it your fault.
A colleague recently hit a van that pulled out and turned right across her path, the van driver having been waved out by the driver of the bus stationary in the lane on her left (she was approaching traffic light is in lane 2/2). Absolutely bang ot rights you would say, but he denied liability afterwards and produced a witness, who had been invisible when it happened, to say she was speeding (unlikely as she was twenty yards from a red light). She will end up paying for her own repairs.
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Sorry to say Smiley, but unless you have a witness, its your word against his (theirs), your insurance company won't entertain trying to recover losses from him, and even tho you have legal cover you will fail in any action to recover.
The only slight lever you have was his failure to report.
You are onto a looser here old chum.,
Sorry.
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Claiming direct from the other insurer is reckoned to be the way to go in these circumstances, so you are on the right lines.
Of course, no one tells you what to do if the insurance company tells you to get stuffed.
In general terms, keep brief but accurate dated and timed records of events and correspondence.
This will serve you well in court, and impress the judge, particularly if the other side are not so well organised.
It seems to me it would be easier to pursue a civil claim if your loss was crystalised, at present it's notional.
The only way to do that would be to pay for the repairs, which would give you a bill on which to base your claim.
You could get a couple of estimates for the damage.
A root around this site may be instructive: www.moneyclaim.gov.uk/web/mcol/welcome
A note of caution, some shyster claims companies use similar web addresses, so make sure you stick with the official HM Courts and Tribunals Service sites and links.
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Many thanks for the informative advice so far guys. I have already got two estimates as requested by the third party's insurance. They also sent out an assesor to look at the damage on my vehicle.
I was hoping the fact that it was rear end damage on my vehicle would put probable blame on the other driver in the eyes of the insurance company but alas this isn't so.
A highly recommended back-street body shop will repair the damage for half what I've been quoted by main dealers so I'll probably get it repaired and see if my legal cover people say it's worth pursuing but feel Zero is right in that it probably won't go anywhere.
The fact that I reported him for failing to exchange details at the scene and gave the police a detailed report at the station the next day might help my case, but alas.
I've had snippets of the other drivers statement read out to me over the phone by his insurance company. One that stands out is him saying it was a two lane carriage way and I cut in front of him. The Street View image of the location shows a single lane road, I sent this to his insurance company.
Oh well, we live and learn and moaning about it on here is helping slightly! :-)
Nial
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Hi Guys,
Just an update. I got my legal protection cover solicitors to make a claim for me for the cost of repair, which I paid for myself, and although the third party's insurance company dragged their heals for a couple of months, I just got a cheque today in full settlement after they were threatended with being taken to court.
The other driver failed to get a witness statement although he said there was one. I guess it pays to persevere!
SmileyNially
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>> The other driver failed to get a witness statement although he said there was one.
>> I guess it pays to persevere!
>>
Good for you, and glad that you persevered - despite the not so encouraging words from Zero. Nice to see proof of Zero getting it wrong, again, on consumer and insurance rights issues.
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Rather a pity he's not around to defend himself, though.
Last edited by: Clk Sec on Tue 21 Aug 12 at 10:56
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>> Rather a pity he's not around to defend himself, though.
>>
Why should he, or anyone else have to, why does this forum have to be spoiled by petty aggression?
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>> Why should he, or anyone else have to, why does this forum have to be
>> spoiled by petty aggression?
>>
Petty aggression is in the eyes of the beholder. Good forums are where people give differing opinions, and even resort to petty aggression. (my opinion, you are free to disagree aggressively with it - petty or otherwise).
If you want a dull forum where everyone is a sycophant, I think you won't find it on this forum - although now that Zero has gone, there is less lively debate around.
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"good forums are where people give differing opinions", agree completely
"and even resort to petty aggression", disagree completely
There is a big difference between banter, debate and the level of nasty, sniping, childish, personal, comments that frequently appear in your, and same other people's, posts.
This forum, and it predecessor in the place that must not be named, have never been dull or sycophantic, but it did used to be friendly even when folk disagreed.
Personally I don't think we have seen the last of Zero, I certainly hope not, I don't always agree with him, but he is always entertaining to read
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>> Rather a pity he's not around to defend himself, though.
>>
You mean rather a pity he is not here to admit he was wrong when he said "You are onto a looser here old chum" .
It was not the first time Zero that has given "definitive or factual" advice regarding consumer and insurance matters that turned out to be anything but definitive or factual.
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>> It was not the first time Zero that has given "definitive or factual" advice regarding
>> consumer and insurance matters that turned out to be anything but definitive or factual.
You get what you pay for :)
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>> You get what you pay for :)
>>
Zero's advice worth zero?
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Rather a pity he's not around to defend himself, though
Has he really gone then?
You sure?
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>>Has he really gone then?
Well, he hasn't been around for a while.
>>You sure?
I'm sure he'll be back when it suits him.
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I have a mental picture of him in a sooty anorak bickering with the station master or sulking at the end of a railway platform somewhere on the Bluebell line.........:0)
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>> I have a mental picture of him in a sooty anorak bickering with the station
>> master or sulking at the end of a railway platform somewhere on the Bluebell line.........:0)
>>
Zero the Gricer..... sounds like one of those comic-book anti-heroes.
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John,
"Nice to see proof of Zero getting it wrong, again, on consumer and insurance rights issues."
Why "Nice"?
Bit mean-spirited, surely? Especially with the emphasis caused by the use of "again".
Mark.
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>>I'm sure he'll be back when it suits him.
And if this forum is fortunate, it'll be sooner rather than later.
Last edited by: No FM2R on Tue 21 Aug 12 at 18:51
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As much as I hate to admit it, I miss him!
He's one of the few people I can have a go at and he doesn't get offended, bear a grudge or fight dirty!
Pat
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He's interesting, knowledgeable, helpful, and has a wicked sense of humour.
Now lets sort the ransom out.
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>>Now lets sort the ransom out.
I'd love to help, but apparantly they want his full value paid up front.
Where the hell are we going to get 17p in cash from?
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>> Now lets sort the ransom out.
We let him go after he found our secret stash of biscuits and scoffed the lot.
Last seen yesterday with his anorak and flask train spotting at Kemble, Gloucestershire.
youtu.be/yEin1qSgAwA
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I think he was annoyed someone renamed his account. If that happened, and I didn't see it, then it could only be him, admin staff at Khoo or the mods. So did a someone misbehave? I assume not.... but why has be flounced. Last I think I read was him not being happy about someone renaming his account.
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He changed his name to wind up Pat in a thread in comp related. Admin changed it back to Zero. He wasn't happy at it being changed back by anyone other than himself, blah blah blah.
Knowing Z, he'll be back when he's good and ready.
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He's kind of got a point. Why give someone the functionality to change their name and then whinge when they use it?
And then why change their name for them? I might not strop over it but it was a bit silly of whoever did it.
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I can see the way this thread is going...it's going to be my fault in a minute!
There's no way I'm off down south waving a white flag though.
Pat
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>> Bit mean-spirited, surely? Especially with the emphasis caused by the use of "again".
>>
sorry I don't do smileys often enough.
Zero can take it. It is a style of banter that I am sure he is well used to.
Anyway, may I refer you to your own post:
www.car4play.com/forum/post/index.htm?t=11591&m=259109&v=e
(2nd and 3rd line).
:-)
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Fair enough, although to the unfamiliar it didn't really come across as banter.
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Car Insurance Claim Advice Required - Manatee
