Just Had My First Accident

[baby_lexus]

Getting hit by a fool is enough to annoy anybody.

I had a metro smash into the back of me on a B road nearly 2 years ago. I wasn't impressed by the 17 year old driving at the time, on the phone, whilst sipping Macy D's strawberry milkshake. More annoyed because my son ( 6 months old at the time ) was in the car.

It cost around £4k to repair in the end.

[Kazi]

Bad luck dude. Hope you get you're Lexus sorted promptly.

If its any consilation, my first accident was in my BMW!!! I was only doing about 5 - 10mph in a simular incident. Needed a new bonet, wing, grill and head light!!

Kaz. :P

[Stu]

Sounds like what they are needing on the Rover!!!!!!

Stu

[Stu]

UPDATE:

Well, the accident happened on the 18th November 04, and after almost three months of pestering and hassling the insurance company, they authorised the repairs to my car today!

I have had a real tough time getting them to authorise the work, and it's not through the cost factor, it's just the engineer has never been avaliable to talk with my garage.

So, on Thursday last week, i informed the insurance company that until such times as the repairs had been authorised, and the liability had been resolved, i would be ringing every day.

Funny thing was, i only had to ring for two days to get the repairs authorised!

Now the liability is a different thing altogether. basically they are still disputing, but my guys are on the case, and have informed me that her accident report is very vauge, and in places, contradictory, so they will be looking for some law or something in the highway code that will help fight the case, and will not accept liability for the accident (even though the third party is claiming that i accepted liability at the road side, errr, don't think so!).

Sounds like i'm in for some more fun and games with it all for a little while, but i intend to keep ringing them every single day until it's resolved, and i get my 4 years NCB! (fingers, legs, toes, arms and eyes crossed!)

Stu

[chib1177]

from your description of the accident sounds like she has had to cross over the carriageway whereas you have only had to join the carriageway, theres a difference and im under the belief that its the person who is crossing the carriageway that has to be more careful and pay more attention than the person who is simply joining from the side road.

were the junction points exactly opposite like a cross road or where they slightly staggered coz that would make the big differnce even if they were only slightly staggered in your favour.

[Stu]

It was at a crossroads, as in + , and because she had to cross a carriageway to get to the carriageway she wanted to travel on, she has the greater duty of care, as i did not have to cross to get in the direction i wanted to go.

This is all from the insurance company, not me, and they are adament that the third party is liable here.

Stu

[Stu]

WOOOHHOOOOO!!!

The car is going in for repair on wednesday next week!!! :D :D :D :D :D

About time!

Stu

[Stu]

Well, I am now Lexusless!!

She went in for repair this morning, and the guy thats doing it is going to tidy up all the little dings and dents and scratches on it whilst he's got it in!

And the courtesy car.......................

A Corolla Verso.......................

I HATE IT!!!!!!

It's hideous to drive and looks like sh*te!!

Well, it'll soon be back in the lexus for me!!!!!!!!!!!!!

Will pu up some piccies of the before and after when she's back!

Stu

[Stu]

Well, some less than good news today peeps.

I got a phone call from my insurers this evening, telling me that the third party have issued proceedings against me for liability. So in a nut shell, i gotta go to court for it.

My insurers have told me that they want to fight the case, but unless it goes 100% my way, i will lose my NCB.

Not impressed, and to top it all off, I am very nervous about it all. Glad i got legal protection on my policy.

Stu

[Stu]

On a MUCH lighter note.................

I have the IS back at last!!!!!!!!!!!

Seems like months since i last drove it! When i pulled out of the garage i actually wheelspun, which is unusual, but understandable when you think i have been driving a tractor for a week! :P

The repairs are excellent, and i am so happy with them!!

As for the guy that did the work, well, i have talked him into offering us some GOLD member special prices, so keep your eyes peeled in GOLD peeps!

Stu

[Stu]

seems to me that this insurance claim is behaving like a see-saw.

I got a court letter through this morning detailing how much they are claiming against me, and get this:

Excess & Repairs: £250 (ish)

Court Costs: £120

Hire Car Cost £1100 (ish)

They had the hire car for 25 days for f**ks sake! What did they do, make the panels from ore or summit?!?!?!?!

It's in the hands of my insurers now, but there could be a problem.

They are submitting evidence from the woman involved in the accident, and from her husband, who was not there at the accident. He was however at home when i went round to talk insurance details and the possibility of settling outside of the insurance company (as at the time i thought i was in the wrong, but later transpired that i wasn't), and he was telling me that i had accepted liability at the scene, and again there, but i had someone with me that knows that was not the case (at their house this is, not the accident).

So basically, i think the judge is gonna rule against me coz of the fact that i tried to settle outside the insurance company first, believing it to have been my fault. My insurance company on teh other hand are a bit more optimistic, and think that i have a good chance of winning this.

Can't believe the way that the third party and their insurers are behaving, they are trying to make me look like some kind of wowwypop that doesn't know how to drive and doesnt know what he's said. :megaangry:

This has made my day a real shi**y one. I really hope i win, or at least go knock for knock, so i can wipe the smiles off their faces.

Rant over. :D

Stu

[MrADeveci]

It will go no where stu ...... as at the end of the day it's just "hearsay" evidence ........

At the end of the day ........... irrelevant to what was said, a good barister will apply to get that part of the evidence dropped as it's not relevent to the actual case

"the accident it's self"

If the LAW says your in the right ..... there eveidence is then just hearsay pants :duh:

[chib1177]

couldnt agree more,

she cant just produce her husband as a witness who wasnt even at the accident.

if that was the case then the whole system of law would collapse. like scarface says his evidence is not worth the bog paper he wrote it on.

the thought of going to court is scary but most if not all the barristers.solicitors and judges etc are not daft and if your in the right then theres no sweat.

its only when you lie to them things gets a bit hairy

[minted_aye]

I had a similar situation some years ago when I was getting out of my car and someone hit my door, the person blamed me for opening the door onto their car, my insurance company was going to settle with me at fault, anyway I stuck to my guns and 2 years later it went to court and I won 100% with compensation being awarded.

Stick to your story, do not try to judge the law nothing is black and white and forget the Highway Code it has no real relevants here, as it’s not a criminal offence.

I was clearly not to blame at the time looking at the Highway Code but it made no difference, THE INSURANCE COMPANYS LOOK FOR BLAME NOT LOGIC

Don’t deal with the other party directly let the insurance company sort it out.

Ensure you take pictures of your car as it stands at present, Have you modified the car? If so did you tell them?

[Stu]

they were aware of all but one of the mods, but anyway, no-one came to inspect the car, so it don't matter. But i do have pictures of my car, and hers, so if need be, that could be presented.

Stu

[Stu]

Another update here guys

Basically, my solicitor has advised me to accept a 50/50 liability split, and that he will offer this deal to the third party.

After all this time of Tesco's saying "yes Mr Smith we have a good strong case here, and we want to fight it until we get the result we want" thats the end result.

What a crock of s*it.

Not happy.

But, i have instruced the solicitor that i will accept it as 50/50 just to get the fookin thing off my back, with a little additional instruction...........

If they do not accept the offer, or make one that goes in their favour, then there will be no more offers. We WILL be going to court, and I will be pushing for 100% my favour. One chance for the third party to accept, if they don't, well they're gonna have a very expensive bill at the end, as my solicitor is a top one from Liverpool, and will need to travel to Norwich for this, not to mention the fees that will be recovered for his time!

Rant over!

Stu

[MrADeveci]

I wouldn't go 50/50 - if you know you are defo in the right ........ battle it in the court, you have got nothing to loose mate !!

Don't accept no liability !!!!

[lexus boy]

asked my sister about this ( a barrister )

she says go for it, your in the right

she said other stuff, but didnt listen, sorry

[Stu]

Thats what i have been advised to do, on the strength of this guys knowledge of how the judge will view the case, and that will probably be the outcome anyway. I accepted, but only just to get this ddamn thing out of the way. I've already had my NCB cut down, so it ain't gonna make any difference. The only way i'd get it back would be if the case went 100% my way, and that ain't very likely.

I hope they actually decline the offer, that way i can go to court with it!

Stu

[AMH]

There is no way I would be going 50/50 after all the grief - fit the case and win ... !