72 replies to this topic

[miniyellowmini]

Looking at the position of the damage on both cars, it's clear that he has pulled out into your path.

First off I would get a letter in the post to him Monday morning stating the circumstances and that you hold him totally liable for your uninsured losses, these could include the cost of a hire car, loss of earnings, excess etc... Ask him to forward the letter to his insurance company. If you know who he's insured with also fire a letter off to them stating time and date of the accident that you hold their policyholder liable, no need to go into too much detail at this stage. After this letter don't communicate directly with his insurance company again, always and only though your own.

After your initial phone call to report the accident, preferably put everything in writing to your insurance company but if you must phone document everything you say noting dates and times and who you spoke to.

If the insurance try to go down the 50/50 route, decline and say you are prepared to go to court if necessary. He may have denied liablity at the scene. Sounds harsh but he was right to - you shouldn't admit liability even if at fault at the scene of an accident. However at the back of his mind he'll know the truth and the thought of it going to court may just make him back down. Let the insurance companies fight it out between themselves, it's what we pay them so much to do. Don't back down at the first hurdle, it may be a long process if there's a dispute but stick with it an 'at fault' accident claim will have a direct affect on the cost of your premium for the next 5 years

Good luck and hope you get your Mini fixed soon

Edited by miniyellowmini, 28 April 2012 - 11:29 PM.

[Duncy H]

My post may not make much sense as i had a few drinks after that

But a few key points. I am fully comp, and i think my excess is £400 :/

I'm going to give my insurance a ring in the morning as soon as they open. At 10am. Another key note is that my insurance covers the cost of going to court, and therefore if necessary i will take it to court. I don't have no time for liars in my life, I mean how can you live with liars in your life? And if one more liar learns a lesson the world will be better off. I am a very honest and kind person even if i do say so myself but stuff like this really gets to me when people lie.

[jd24-7]

Bear in mind it Will likely take a year or more to resolve. Wife was driven into a few years back and it took over 2 years to get money. Should have got a hire car! Lol

[minibarnerz]

1st rule of an accident... Never admit blame even if it clearly was! This guy is playing it by the book mate. Don't get het up I'd say your photos, position of damage on vehicles all clearly show it was his fault. His wife and son are not independent witnesses so don't worry about them! There's not much arguing he can do here! The road looks quite strait! There is now reason he shouldn't of seen you, obviously didnt look correctly.

Let the insurance company's settle it. But remember your paying for them.... If they don't do what you want, don't accept it...!

[scotty_18]

Just to state, if the son saw it, he would've rushed out the house. But the wife had to go in and get him. It's clearly his fault.

[joshspragg]

if it was in no way your fault, do not stop saying it wasnt your fault. if you explain exactly what happens and they see from the position of the cars etc that it turns out to be true then you'll be able to prove it. if that happened to me i would be livid!! luckily when i got hit he came straight into the back of me and there was no way the guy could of denied it was his fault.

i hope everything works out and try not to let the insurance companies mess you around.

[Duncy H]

Yeh I'm not going to settle until I get my own way! Hopefully he will just make life easier and admit blame. Rung up to claim yesterday and the guy on the phone said it is likely that he will be held liable for it.

I hope it really doesn't take that long to get money through!!!

Yesterday afternoon I was in a lot of pain with my neck so going to get that looked at. Not as bad today. It's till uncomfortable.

They are picking the mini up this afternoon and I am getting a hire car so that's a relief.

[lapider]

hmm whiplash claim= a nice new pair of wheels as compensation.

im pleased the guy on the phone said he was likely to be held liable.

i wouldnt worry to much mate its common practice to refuse liability on site, hope all goes well for you.

and if to does go to court some very valid points about the reputation of the witnesses has been made in this thread.

[Bungle]

They are picking the mini up this afternoon and I am getting a hire car so that's a relief.

bad move you want to be able to take the mini to where you want it repaired not some bodge artist insurance body shop

if they decide to write it off you will never see the car again and will have no chanced to get it back

keep the car and save them the storage costs and get it fixed somewhere that understands classic cars

[AVV IT]

hmm whiplash claim= a nice new pair of wheels as compensation.

That's one expensive pair of wheels, in my experience an out of court whipcash whiplash settlement, tends to be around £2k!!

[Duncy H]

I was under the impression that they were going to take it to assess the damage. I think I'll ring them and find out exactly what's going on, I want to fix it myself.

Went to the doctors and he said I had whiplash but nothing more than that so don't think I'm going to do anything about.

And the fella above who posted. Think you read it wrong, he hasn't admitted fault yet, that's what I'm hoping he will do.

Do you reckon if they do come to look at the damage that I would be ok to take my wheels off and put some steelies on. I don't want it going somewhere and all my nice pimp bits disappearing.

[AVV IT]

Went to the doctors and he said I had whiplash but nothing more than that so don't think I'm going to do anything about.

I don't want to scaremonger, or be the voice of gloom here, but genuine whiplash injuries can develop complications over time and actually be very debilitating (which is why whiplash compensation sums are so high, for what people often perceive to be a relatively minor injury) so I wouldn't write it off as "just whiplash and nothing more" just yet. The other issue is that now you have a whiplash injury on your medical records, it will be disclosed in the future, should you apply for any life insurance/assurance product that requires medial records disclosure. This is exactly what happened to me and now both my life insurance policy and the critical illness cover on my mortgages life assurance policy, will not pay out should I be incapacitated due to a related neck injury!!

Sadly I have no one to blame for my whiplash injury but myself. But had my injury been caused by someone else, then I would certainly be looking for some compensation, if only for the effect that it will now always have on my life insurance/assurance cover.

[Globule]

Do you reckon if they do come to look at the damage that I would be ok to take my wheels off and put some steelies on. I don't want it going somewhere and all my nice pimp bits disappearing.

That would look worse, then when you look at the pictures it looks like your hiding something, such as perhaps you had dodgy tyres fitted and could not stop (that will be their argument).

Do what Bungle said, personally I would not let the insurance company take it as you may never see it again, just disable it so they can't take it away.

To me, his argument can easily be you was going too fast. Clearly he is an *unsavoury chap* and I hate it when people push in out of side roads etc, but, if that was a pedestrian crossing, you'd have hit them too as you couldn't have stopped (otherwise you wouldn't have hit his car). That's just my logic, which of course insurance does not abide by!

[mini-luke]

if that was a pedestrian crossing, you'd have hit them too as you couldn't have stopped (otherwise you wouldn't have hit his car). That's just my logic, which of course insurance does not abide by!

But of course, pedestrian crossings tend not to pull out in front of you, being affixed to the ground!

[AVV IT]

if that was a pedestrian crossing, you'd have hit them too as you couldn't have stopped (otherwise you wouldn't have hit his car). That's just my logic, which of course insurance does not abide by!

I'm sorry but that doesn't make an awful lot of sense. Yes you should be able to stop in the distance you can see to be clear,and this is the theory that should always be applied to any view of a road where your vision is restricted (i.e. by a corner, bend, brow of a hill etc.) But at some point you will always pass "the point of no return" when approaching any hazard, regardless of your approach speed. Even if you slowed down to just 20 mph hour when approaching someone waiting at a side turn, if that person chose to accelerate out in front of you at the last minute, (say when you were within just 20 feet of them), then you would inevitably still collide with them as the thinking distance at 20mph is 20 feet, and therefore at that range you would have collided with them before you had even started to brake!