[MEGA]

Hi Chaps.

So, what do I do here do you think ?


A month or so ago; In the snow - I was hit side on by a golf which was going too fast around a corner for the conditions. His front bumper hit my rear quarter, scratched through to the metal and caused a small dent. Due to the location it's not a cheap fix even though it looks very minor.

The golf, the driver of which has admitted responsibility at the scene immediately - came around the corner Westbound toward his home at approximately 25-30mph. Far too fast for the icey conditions. Even as I saw him he was already on the wrong side of the road.

The driver attempted to brake which locked up the wheels. I moved as far left (up the kerb and almost into the hedge! ) as possible but the driver's car skidded into my car regardless and struck the rear quarter where there is a scratch which also resulted in a dent to the rear wing as well as an additional scratch a few inches further forward.

On investigation of the rest of the car when I got home, it appears that my passenger side sideskirt and door have also been scratched owing to my evasive action attempting to avoid the sliding car.

AT THE SCENE - The driver of the golf has admitted responsibility for causing the accident as a result of driving too fast for the conditions.

There was no visible damage to his car at all and I took pictures of the front wing where he hit my car to validate this.

I got a quote for repair which in total is 4 figures (excluding hire cars) and put this to him - he wasn't amused so I phoned my insurance to sort it out.


About a week later I get a call from a claims management company representing HIM - saying that I am at fault and they want my insurance details. Obviously I told them to spin on it - and informed my insurance of this. As my insurance are similarly 100% sure I was in the right; I've not had my excess taken from me and they also recommended me take 3rd party recovery services, IE my own claims management company. I did this.

It's now been a month. My company still haven't authorised repair to my car - and the third party despite admitting it immediately at the scene now denies all responsibility. Furthermore, there were no witnesses at the scene but he now reckons he has a witness. It's a tiny country road type thing and there was no one there. This is fraud, I've told my insurance - but evidently it's his word against mine here.

I'll reiterate. There was no damage to his little golf whatsoever and I have proof of that.


I have 4 years no claims, no accidents, no points. My NCB is NOT protected and I'd not have phoned my insurance at all if I wasn't 100% sure I would win the claim.

This pathetic little shite is basically looking to get a 50/50 settlement ONLY so as to screw me out of my NCB etc as far as I can tell? There's no way insurance would ever settle on his side but they may bend over and give it 50/50 rather than full liability to him.

The guy lives half a mile from where I park my car and I have contemplated going to have a word but am concerned he'll use this against me as intimidating behaviour or whathaveyou. However I'd record any chats we have incase it turned up anything I could use.

Mitigating circumstances he may try and use against me:

About 15-20 yards prior to where he hit my car there's a give way on my side of the road with priority to oncoming. I stopped here, and as there was nothing coming at all. As we get to the corner he appears in view already on my side of the road and hits me. The road is wide enough for 2 cars and only his excess speed led to the collision. Due to front bumper versus rear wing in terms of where the hit is, I think it's perfectly clear he hit me and don't see how it can be my fault. But this is still one fact I am concerned about.


What should I do then fellas?

I'd be half tempted to just contact him and get the claim closed down to be honest. No repairs have been authorised on my side yet but just in case his lot HAVE authorised something - in which case this is now not an option. I'd rather shell out £1000 on my own repair, keep the NCB, not have a claim - and have my car sorted this week. Than have something drag on for a year. Without my NCB and with a 50/50 claim my insurance goes up from 1100 to 1850. I just checked. Is it too late for this in any case due to claims management versus claims management?

My company isn't giving me many updates and I'm concerned about how things are going (or aren't). If they were confident they'd have sorted me out. What the hell is going on ?!?


If I could get my hands around this guy's kneck I would. Hit my car then try and screw me for 3-4k of my own costs just out of some sick sense of satisfaction? Mouth breathing scum.


Hmm
Dave

[rogerxp]

Nightmare Dave. Really not sure what to advise but think you're doing about all you can right now. I wouldn't advise going to see him though - he's obviously a cock so who know how that conversation would end up. Reckon you might be too far down the line now for your insurance to be unaffected (bar an outright 100% win in your favour). I fail to see how anyone can prove you were to blame when he collided with you on your side of the roads - looks pretty clear/cut to me but understand your anxiousness. Good luck fella.

[- Paul -]

I'm furious for you - what complete twunt. Hope it all works out ok for you.

[creepy coupe]

All too familiar these days Dave. They other part gives it loads of lip service at the scene of the accident, just to defuse the situation. Then later renege all responsibility. Crunts

[Mani59]

Any chance of there being any CCTV that could have recorded the accident?

Hope you get it all sorted.

[willhollin]

Anyone in this situation you must get them to sign a written admission of liability or if they don't co-operate, phone the Police and tell them that they are fleeing the scene of an accident.

As it stands you haven't really got a choice, with no witnesses you are screwed and the best you can hope for is really a 50/50.

[verysideways]

Keep it official - don't go see him, talk to him, nothing. All contact needs to be through your representation (claims company) and his, nothing direct.

You have the pictures and any claim assessor will be able to see from the damage and the road layout that he must have hit you.

Stick to your guns, HE hit YOU, it's HIS fault. You just have to be patient.

[Mud]

Accepting liability doesn't mean dick. Its for the insurance company to decide not the person.

Place the pressure on your insurance company to fight this, go back to the scene and take appropriate photos and draw up the picture of what happened.

You will have to do all the leg work if you want this to come out in your favour.

[RagingKileak]

Sorry to hear it Dave. Might be an idea to check some Golf forums and see if you can find your man. You never know, you might find a similar thread to this which reveals some crucial information - I have done that before when tracking down past owners and history for my own cars.

It is hard if you don't have any details about online persona, but you never know.

I agree with Mud about pushing your insurance company. I'd also consider wether or not you have a legal position (via the Police) if the other party is making up actual lies about having a witness. I suspect that him saying he has a witness might mean a lot to your insurance company in settling 50/50, but I can assure you that any such witness will quickly evaporate if faced by an actual copper knocking on their door - if that happens then he will quickly and decisively get fucked by both his and your insurance companies.

Matt

[JLR1969]

I would have phoned the police as soon as it happened to make sure it was recorded and to check my legal position with regard to an accident on the public highway.

I would still contact the police if I was you

Good luck Dave

[MEGA]

Originally Posted by Mud

Accepting liability doesn't mean dick. Its for the insurance company to decide not the person.

Place the pressure on your insurance company to fight this, go back to the scene and take appropriate photos and draw up the picture of what happened.

You will have to do all the leg work if you want this to come out in your favour.

Sent a 13 page document with pictures of the road, road markings, my car, his car, a 3 stage diagram of the incident all over to my management company.

I have no idea who to contact to push things forward - my management company or my insurance.

Which police force would I call to report the incident? The local constabulatory on their local number for the area where the incident happened? I am 100% willing and happy to report insurance fraud as I believe this is what it is.

[Chris100]

If you went through a claims management company I would be pushing them as they should now be dealing with all aspects of the accident and your claim,

[MEGA]

OK chaps - I have let my claims management co know that I have been pursued and dropped the point that he may be suggesting (Fraudulantly) that he has a witness to this. Asked if I should contact the police. Will let you know any feedback.

Dave

[zltm089]

Report that fcuking cunt to the police. He's a fcuking fraud.

You should have made him sign or recorded his admission of fault. Keep it official Dave, no point getting a criminal record because of a pathetic useless c*cksucker like him.

Hope he dies of aids.

All this car insurance system is pure bullsh1t.

[zltm089]

Have a look at these lawyers...

Hill Dickinson....

I might be using them soon.

[sheps]

Dave, are you using the mob I put you onto? If so, are they doing the business for you?

[djgandy]

Keep at it, it can feel stressful at times but its worth it. Which claims management company are you dealing with?

It may be worth dealing with their insurer directly, by doing so you cut out a lot of costs for them and they can control costs. They will likely hate and fight the claims management company because the claims management company will try and get the third party to pay ridiculously high costs way beyond the repair of your car.

My advice to others that may end up in this situation.

Grab your smart phone and take as many pics as possible, of both cars, try to do this with the cars in the position they crashed if possible if it is safe enough, traffic can wait a minute or so. It's hard to argue against photos of their car in the back of yours.

Also get the other person to call their insurance company there and then. Try and grab some witnesses if possible, although many people are shy in helping out these days and just don't want to get involved.

[acerboo]

always best to get them to sign something to the effect it was their fault at the time it happened, makes it mush harder for them to backtrack. if you get nowhere work out 4 figures worth of damage and take a bar to his car.

[MEGA]

Originally Posted by sheps

Dave, are you using the mob I put you onto? If so, are they doing the business for you?

Unfortunately not fella. The guy I originally spoke to on the phone was very offputting. Wanted me to pay my excess and made me feel like they weren't confident about winning. I didn't like the way it was going so went with the company Admiral recommended who were initially very confident in the case

All things said and done that might have been another mistake.

I hate this..

[chris330D]

This stinks, feel for you. As others have said, stick at it and see it through. The guy clearly is trying to get you to back down. It is always going to be a tough one to argue it is not your fault if you hit someone in the rear which is what this guy has done so hang in there. Dont go and see him as that will just be used against you. Good luck and I hope it gets sorted properly.

[djgandy]

Originally Posted by MEGA

Unfortunately not fella. The guy I originally spoke to on the phone was very offputting. Wanted me to pay my excess and made me feel like they weren't confident about winning. I didn't like the way it was going so went with the company Admiral recommended who were initially very confident in the case

All things said and done that might have been another mistake.

I hate this..

Albany? If so I would avoid using them. Try MoneySavingExpert to see how they work, I also have a thread on there from August when I had a crash.

Don't be fooled into thinking your insurer is on your side. I don't know your full circumstances, but I'd be tempted to go to the third party insurer directly and see what they say. They may be happy to settle for a grand and that be it. It's probably a lot less than what the claims people are trying to get out of them and the drawn out legal process and hassles that will entail.

Remember the more people that are involved, the more middle men there are. These people don't work for free.

[djgandy]

Originally Posted by chris330D

This stinks, feel for you. As others have said, stick at it and see it through. The guy clearly is trying to get you to back down. It is always going to be a tough one to argue it is not your fault if you hit someone in the rear which is what this guy has done so hang in there. Dont go and see him as that will just be used against you. Good luck and I hope it gets sorted properly.

Yeah the fact it is a rear impact. There is really very little excuse for rear impact. You should have 2 seconds of extra stopping time over the car in front.