mumof4 Posted December 9, 2008 Report Posted December 9, 2008 On sunday, i had an accident, i approached a roundabout, went to cross said roundabout and i saw a car approach the exit on my left indicating left to go the same way as me ( i was going straight on).. i had right of way and the car had slowed so i carried on then realised she hadnt stopped at her line but had carried on and had stopped right in my path., i braked, and skidded right into her drivers side, damaging just her bumper as that is where my front passenger side ended up. damage to mine is front left wing near the indicator which is all bent in, gouges in that area, ive lost an indicator as its all smashed and my bumper needs replaceing as all the clips are broken.I had a quote for repairs, i was told not much change out of 1500 quid.my car aint even woth that ther eis a witness to the accident who said she pulled out onto the roundabout after i had entered the roundabout and that she just stopped blocking the whole area whereas if she had of put her foot down she would of cleared, he said he saw my wheels lock and then me skidding into her. witness says it wasnt my fault, he was behind me and keeping pace and he said he was doing 30mph.. she says i was speeding and that when she looked i wasnt there, then i was when she pulled out. she has told her insurance i was speeding, she has told them it was my fault.. i dont want to claim on my insurance as to be honest i cant afford it and i believe i wasnt at fault.. now to today.. my drive belt snapped, i was turning the car around when i lost power steering, the belt was on the undertray.A new one has been put on, but id like to know if the belt snapping could damage anything else? its been a manic couple of days... will post a pic once i get em, as i am waiting for the pics to be emailed to me. Quote
chromedome Posted December 9, 2008 Report Posted December 9, 2008 Sorry to hear about your accident, all you need just before Christmas. At least nobody was hurt. Do you know if the nearside front wheel made contact in the accident? May be worth a check for marks, etc. If so the impact could have put strain on the steering which has made your belt snap. Just a thought. Is your insurance claims protected? If you believe you're not at fault go for it. Quote
MrT Posted December 9, 2008 Report Posted December 9, 2008 Even if you don't claim, you still need to inform your insurance company otherwise if she claims against you, you could end up personally paying, even if it was not your fault. If she claimed for personal damages due to real or fake injury that could be very expensive. If you do not tell your insurance company and they later find out, you could find any insurance is invalid as you failed to inform them of a material risk that could affect your current policy. If you did not declare athe accident when applying for a renewal or future policy, your failure to disclose could mean that your current/future insurer could refuse to pay out after any future accident. She can never prove you were speeding or otherwise. You would have to have been going incredibly fast for her not to see you or not to be able to judge your speed and from the damage described you could not have been. You don't exactly drive a boy racer car. Your witness could be unreliable if he said he saw you skid into her, doesn't your car have ABS? If you want to claim from her that would probably have to go through court, if is a clear cut as it seems, your company will probably claim against hers, knock for knock is no longer practiced. Is yours a no claims policy or a no fault policy? Do you need to inform the police about the accident or as you both swapped details and no-one was hurt, is that not necessary, I really cannot remember on that one? Quote
seatkid Posted December 9, 2008 Report Posted December 9, 2008 (edited) Sorry to hear about your accident. Contact your insurance company and give them your account along with any witness details. Don't delay as any delay will only be seen as you being at fault and unwilling to contact them. DONT enter into any conversation or correspondence with the other party or their insurance company.....refer everything to your company. They will know best how to get the other side to cough up. The witness you have will help your story and the insurance hopefully will decide its the other partys fault, in which case they will have to pay for everything and your NCB will remain intact. Keeping fingers crossed for you. Dont think PAS belt snapping will damage anything, although it is most unusual for it to snap. Remember its only a car, its not the end of the world and CHEER UP :rolleyes: ....it'll soon be Christmas!! Edited December 9, 2008 by seatkid Quote
Scorpiorefugee Posted December 9, 2008 Report Posted December 9, 2008 (edited) Only one piece of advice from me. Be persistent and consistent. If you remain calm and positive, she may chicken out and give up. There is a fair chance that she is either inexperienced or a habitual dangerous driver, but they often have someone behind them pulling the strings. I know of two similar cases, one mine - 30 years ago, and one my sons 10 years ago, when persistence won the day. Do use your legal insurance if you have it, that is what they are there for. I my case it was the RAC that won the day and that was a me and them only situation. The main thing to keep in perspective is get your value from your insurer and keep your no claims. If you can get any sort of a decision in your favour you can fight to get your excess refunded. I believe that in most cases each insurer pays for their own insured repairs and then fight over excess and that's the bit you have to focus on 'cos so long as they don't pay they do not care much who does. It could take some time but don't let them win and don't let it get you down. The annoying thing is that it is someone else's incompetence that's causing the stress and that is the hardest thing to cope with. Good luck lass. P.S. Re the ABS. In all my years, only one accident could be down to me and I believe it was caused by ABS. I was in a line of cars in an orderly well spaced queue when the front car encountered an unmarked roadworks - all stop, with a bit of skidding 'cos it was abit greasy. That is, except me. I was the only one with ABS and the computer decided it would be better to drive round the problem - except there was no time and nowhere to go! Edited December 9, 2008 by Scorpiorefugee Quote
big_kev Posted December 9, 2008 Report Posted December 9, 2008 i dont want to claim on my insurance as to be honest i cant afford it and i believe i wasnt at fault.. Pet, You still need to let your insurance know the details of the accident. It does sound like the accident was the fault of the other driver ( yeh I know , makes a change !) . I would also make sure that you get the full market value for the car when insurance company write it off. x x x Quote
gregers Posted December 9, 2008 Report Posted December 9, 2008 soz to hear about your accident maz,as others have said if you have a witness and they are on your side then use them,has the other person got any witnesses?you pay for insurance use it and legal side of it aswell,hows your neck etc etc :wacko: ,bear in mind that the reason she has blamed you is that SHE KNOWS it was her fault and is trying to get a fast buck. Quote
mumof4 Posted December 9, 2008 Author Report Posted December 9, 2008 Even if you don't claim, you still need to inform your insurance company otherwise if she claims against you, you could end up personally paying, even if it was not your fault. If she claimed for personal damages due to real or fake injury that could be very expensive. If you do not tell your insurance company and they later find out, you could find any insurance is invalid as you failed to inform them of a material risk that could affect your current policy. If you did not declare athe accident when applying for a renewal or future policy, your failure to disclose could mean that your current/future insurer could refuse to pay out after any future accident. She can never prove you were speeding or otherwise. You would have to have been going incredibly fast for her not to see you or not to be able to judge your speed and from the damage described you could not have been. You don't exactly drive a boy racer car. Your witness could be unreliable if he said he saw you skid into her, doesn't your car have ABS? If you want to claim from her that would probably have to go through court, if is a clear cut as it seems, your company will probably claim against hers, knock for knock is no longer practiced. Is yours a no claims policy or a no fault policy? Do you need to inform the police about the accident or as you both swapped details and no-one was hurt, is that not necessary, I really cannot remember on that one? i informewd the insurance company the same day.i also told them i did not want to claim on my insurance as i wasnt at fault. no... my car doesnt have ABS. i dont even know if its supposed to.. all i know is that it doesnt. its a brand new roundabout, only been there a few weeks. the exits have anti skid on them so i have been told, but the roundabout doesnt. the police turned up literall just as i was getting out of my car.. they were in an unmarked police car going the other way and pure chance they arrived just after it happened. they brathalised us both, we were both zero, the policaman moved my car as i was unable to as i was shaking so much, he cleared my debris off the road, advised us both of what we needed to do then when i asked if we needed their details, he said no as it was a non injury accident.and even if they had of been called, they would not of attended. i have 3 years no claims, not protected. I have been told, to be careful what i put on here. i cant afford to pay my excess right now.. i really cant.. im writing a letter to send to my insurance company stating that i am not admitting liability and that i am not claiming on my insurance. i have called my insurance peeps twice.. so they do know of what has happened. sunday i was mess... monday not much better as ll i could see was me skidding to a halt into her, and the jolt of the impact.. i know it wasnt huge.. but that feeling of helplessness really got to me.. the witness said i was in a right state.im shattered right now as i havent slept ptoperly since it happened, i know no one was hurt, i know its onloy a car.. and i really do not know why it has got to me like it has.the screech of metal on metal when the policeman moved my car was awful. i took pics of the skid marks, my car and her car. Quote
Bigjeeze Posted December 10, 2008 Report Posted December 10, 2008 Maz You have been given the best advice: State what happened - Ensure you get witness statements - Let your Insurance company have the picures and deal only via your insurance company. You'll be fine. Quote
Scorpiorefugee Posted December 10, 2008 Report Posted December 10, 2008 (edited) On sunday, i had an accident, i approached a roundabout, went to cross said roundabout and i saw a car approach the exit on my left indicating left to go the same way as me ( i was going straight on).. i had right of way and the car had slowed so i carried on then realised she hadnt stopped at her line but had carried on and had stopped right in my path., i braked, and skidded right into her drivers side, damaging just her bumper as that is where my front passenger side ended up. Just a thought... As far as I know, no-one has right of way on an island until they are on the roundabout.(over the line) Approaching at speed, even within the limit, does not give right of way - a common misconception. A wise and experienced driver will always play safe but I find abuse of this annoying. This assumed right together with appalling lane markings and driver discipline causes a lot of potential collision situations. It might be an idea to get your story right 'cos you may be picked up on any small detail. Edited December 10, 2008 by Scorpiorefugee Quote
seatkid Posted December 10, 2008 Report Posted December 10, 2008 (edited) Having reread the inital post, I'm of the opinion that MO4 shouldn't have much to worry about. At a roundabout you have to give way to vehicles from the right. Its clear from MO4's description that the other party misjudged or didn't look as she approached and braked too late ending up with her front end over the line. Her only defense is that MO4 was speeding excessively though its clear that for the end situation, MO4 must have been going like the clappers. Photographic evidence and witness statements should help resolve things. I'm keeping my fingers crossed that the insurance companies are diligent and don't just give up at the 1st hurdle (dispute) - and go for knock for knock. In any case its clear the other party is going to claim, then MO4 MUST claim to stand a chance. Edited December 10, 2008 by seatkid Quote
Scorpiorefugee Posted December 10, 2008 Report Posted December 10, 2008 Agreed on all points. It's all in the detail. A good diadram is worth a thousand words. Last time I was involved with a Royal Mail van which reversed into my path from the right as I was turning left, I sent a Google satellite image of the road with the positions drawn to scale. It seemed to work. Quote
mumof4 Posted December 11, 2008 Author Report Posted December 11, 2008 i have a statement, photographs, and a diagram. i was already on the roundabout when i saw she hadnt stopped, what else could i do?? i wasnt speeding though, i was doing the speed limit if not just under.that road is a 30mph limit, and i never speed on that road as there are always unmarked police cars patrolling it. It is the main road through gainsborough and a pretty strasight one so hence it really aint worth my while speeding as ther eis a speed camera just outside my house and i have seen the unmarked police cars giving people tickets, i dont take the risk on that road from the start of it, to the finish of it. there is a lot of building going on in gainsbourough, and that roundabout is a new one.so if anything, i was under the limit as i always slow down when i approach a roundabout. i know what the drivers round here are like and so many of them get booked on that road. i will not claim on my insurance, i was not at fault, i cannot afford to lose my no claims and i cannot afford for my insurance to go up. she was at fault in my opinion, and if i have to, i will go to the small claims court as i was already on the roundabout . i was not speeding, she stopped blocking MY path, and my skid maks start just under halfway across. she blames me, im sorry but its been worked out that i would of had to of been doing over *** mph for me to appear like she said i did. a detailed report has been done, photographs taken, lines of sight worked out, measurements taken, all this has been done for me. i will not accept liability as i was not at fault and to say im pretty pissed off about the whole thing is an understatement.My car will cost more to repair than its worth.. cool some may think, write it off get another.. i happened to like it despite its fault, i know it will start on the 3rd or fourth attempt, i know that once shes going shes sweet as a nut, i know all her chracteristics and i know her temperaments..its MY car!! I like it despite it now looking like a bag of shit. Quote
seatkid Posted December 11, 2008 Report Posted December 11, 2008 i will not claim on my insurance, i was not at fault, i cannot afford to lose my no claims and i cannot afford for my insurance to go up. she was at fault in my opinion, and if i have to, i will go to the small claims court as i was already on the roundabout . If she claims on her insurance, then, by default, your no claims will be affected until the matter is resolved in your favour. CONTACT your insurance and explain - Don't keep talking about speeding etc. it will make the insurance company nervous. Just state the facts - she didnt give way to you and you were already going round the roundabout. Tell them you have photographs and witness statements, that will help tremendously. State you want to claim AGAINST HER. You have no other option! :wacko: You'd be surprised how bad a car has to be to be written off. Repairs have to cost insurance companies more than 2/3rd the market value of the car. Insurance companies get car repairs at a fraction of what you could. HAVE FAITH!!! Think positive and don't fret about this. There are much more important things in life! My philosophy? Shit happens and it happens to me a lot......I used to worry myself to the extent it made me ill. But NOW I say BOLLOCKS! I'm glad to be alive and i've got kids and a grandchild to think about and enjoy (all though that can sometimes be an uphill struggle!). After all....TOMORROW IS ANOTHER DAY! ^_^ Quote
mumof4 Posted December 11, 2008 Author Report Posted December 11, 2008 i spent two hours on the phone today to my insurance, it is going through as a no fault claim, and i have stipulated that i will not settle for 50/50, i amfully claiming against her. An engineer will be contacting me within 48 hours to assess the damage to my car. I have been told on the phone by my insurance that as the car is 12 years old and from the damge i have described., it is almost surely to be classed as a driveable write off. Quote
Scorpiorefugee Posted December 11, 2008 Report Posted December 11, 2008 Keep it going. You're getting there. We all know you're no quitter. Sadly, this is what it's like and you have to fight for everything. SeatKid and the others are all right. You have to let the insurance sort it out. That's what you've paid for. Just make sure they don't take the easy way out. Atta gel! Quote
gregers Posted December 11, 2008 Report Posted December 11, 2008 i think you are doing the right thing maz by following the good advice that has been expressed on here,iirc if your car does get written off you can be offered the car back at a price or it is given back to you less the value of the car(that they think)its worth then you can get it repaired a lot cheaper,i think it then needs to be checked out that the repairs are satisfactory.bear in mind the it was a frontal collision how is your back/neck etc and your childrens dont forget whiplash can come on a few days after,have you all been checked over?,dont worry over your no claims if its proven it wasnt your fault it wont(?)affect you or shouldnt. remember she has to prove your at fault which is going to be dificult if you have the witnesses :wacko: ,she is just trying to blame you for her mistake and not accepting liability,which iirc states in the insurance books 'never say its your fault' . Quote
Tekman Posted December 11, 2008 Report Posted December 11, 2008 Sorry to hear about you accident. Samething happened to me about 15yrs ago just before xmas on a roundabout I was in a automatic car I looked and no car so accelerated then out of nowhere this car appeared too late. He claimed the same and my insurance proved that he must have been speeding to get in front of me in such a sort distance and with witnesses that saw what happened it cost him more. So stick it out you will get through it and as seatkid sayed have Faith and the insurance dont like giving money away so they will use every trick they can to defend you. Kind Regards Alan Quote
Mirez Posted December 12, 2008 Report Posted December 12, 2008 As above sorry to hear of your accident, but there is some good advice in the above posts and you sound like you are dealing with it very well. Its importent to try not to replay it in your mind that much - If your initial reaction was you were in the right then thats all you need to remember, going over it again and again will make you have unjust doubts. From your descriptions I think there is little the other party can do in defence, proving you were speeding excessively would be the only one and thats difficult to do. I must say though I suspect the car will be a Cat D write off, its amazing what little damage can write cars off these days but there is always the option to buy it back and do the repairs yourself - espeically if the damage is more cosmetic then mechanical. Good luck and keep us posted! Quote
mumof4 Posted December 12, 2008 Author Report Posted December 12, 2008 *sigh* had a call today, there is a guy coming to assess the damage to the car on monday and the estimated cost of repair. If the repair is more than 2/3rds the value of the car.. boomph..its a write off. I just dont need all this hastle, and i dont know what will happen if it gets written off, i will fight this, i have no option to be honest.. i know i was in the right, i know i wasnt at fault, they have the value of my car at 1000 quid, less my excess of 375 my insurance will pay me 625 then claim my excess along with everything back off her insurance, that is when i will get my excess back i believe.. what the bloody hell can i get for 625 quid??? its just going round and round.. i will try and buy it back if they write it off, but if they write it off, wont it have to be reregistered or summit to prove its roadworthy? i just dont know what to do if it is written off.. buy it back or try and get another.. im entitled to a hire car if it goes in for repairs, but i dont know if i am if it gets written off and untill i get my excess back. as they claim the cost of a hire from the other insurance company.. please, can someone explain to me what will happen if it gets written off? i cant be off road whilst kids are at school. im hardly sleeping as i just cant stop thinking about it all, the car, the bump, all of it.. its daft.. this aint me.. i just usually put head down and get on with things, but right now.. i feel like im just stumbling. gawd,, now i sound like a whimpy female.I just.. i just damn well wish it hadnt of happened, that i could of avoided her, that she hadnt of stopped in my path, i just feel crap. dunno what else to say and im wittering on and i know it.on top of everything else thats going on..this is just the bloody icing on top of the cake. but tyhank you all for all the advice, the kind words, the support, everything... if i do get to buy it back, im going to need help repairing it.. i cant afford a garage.. gods sake.. i cant think about it.. i really cant.. hammer and bodge tape will have to do. Quote
big_kev Posted December 12, 2008 Report Posted December 12, 2008 Hun, I am assuming that the car is still driveable ( albeit a bit beaten up ). By the sound of it the main damage is to the light ( I am sure one can be found at a reasonable cost, hopefully ). The bumper can be put back on easily enough ( a few bits if wire, bolts, screws whatever, I've seen worse on the road ). The dents and scratches don't really matter in the short term. Wait until you have had the result back from your insurance company and have had a good long chat with them about the various options.They can sometimes be very considerate and helpful. As long as you can get it back on the road and working asap for minimal cost in the meantime then that is the main thing. You can always PM me pet, when it comes to repair time I'm only up the road ( although I am crap at repairs, I could make the tea for the others ). Quote
Tekman Posted December 12, 2008 Report Posted December 12, 2008 Its easy to say dont worry when you are faced with a loss like this but I will try to help. First if the car is damaged it can be beyond economical repair this means it would be cheaper to pay out total payment instead of repair in this case you can keep the car and repair it yourself now depending whats damaged this can be a simple matter of new wing, light and indicator now if they do it it cost more due to work hour`s and they only " buy the best " crap. now things look bad but many time that is not the case I have repaired them a lot cheaper than what insurance say. Do you not have anyone near you that can look at it and advise you if i did I would gladly come and help. Best regards Alan Quote
seatkid Posted December 12, 2008 Report Posted December 12, 2008 (edited) Dont jump to conclusions, gouges on wings and a scraped/dislodged bumper is not that serious!! Especially if you're not fussy..... Only if there is suspension/geometry damage - then you probably should walk away. Ask to speak to the engineer to explain the damage in detail to get a full picture. 1. REMEMBER ITS HER FAULT. Don't pay any excess. Stick to your guns. Make the insurance company work for their premium. 2. Be patient, insurance companies still write letters and it may drag on for 3 - 4 weeks. Keep chasing them (every 3-4 days) and as soon as it starts to look promising ask if you can have a hire at HER expense. 3. Never accept first offers from insurance - have a look around (now) and find the asking price (preferably at dealers and reputable garages) for an equivalent replacement. Same year/similar mileage if possible. THATS the market value. Your policy should aim to get you an equivalent replacement car. 4. Insurance companies like to play poker, but my experience is if they are making offers, then they like to close it off within a month. Call their bluff. 5. IF, in the end, they say its a write off, ask them to reconsider and say can they arrange a cheaper repair - there are lots of body shops. 6. Ask them how much to buy back - again don't jump but think carefully, do your homework and if you want to go ahead - make an offer for half what they ask. Unless you're prepared to get into panel spraying - in which case you need a garage to work in - I wouldnt get embroiled in this option...... 7. DONT BUY A CHEAP CAR ON EBAY!!!!! Post some pictures Maz and we'll do a Forum quote!! :unsure: Edited December 12, 2008 by seatkid Quote
Mirez Posted December 12, 2008 Report Posted December 12, 2008 i will try and buy it back if they write it off, but if they write it off, wont it have to be reregistered or summit to prove its roadworthy? It all depends on the rating they give it. It'll only get a cat c or d depending on damage - C is largely for extensive damage so from your description should be a Cat D and therefore won't need any checks before putting it back on the road as long as its within its MoT. Quote
Scorpiorefugee Posted December 12, 2008 Report Posted December 12, 2008 (edited) Seatkid has put it all in focus. Just try to keep it all in perspective. If the car is driveable and the repairs to a safe standard can be done cheaply, consider that as the worst possible outcome. If you can get acceptance that you are the innocent party you should be able to pursue the other party's insurance for all costs and inconvenience. It would help if you had legal insurance and if you haven't, it is well worth taking it out next time. If you haven't got legal insurance, use whatever help you can muster, just keep the the worst possible situation as the starting point and remember it's not the end of the world. If you have legal insurance, get them moving. If you haven't, do you have AA or RAC?. Run it as a campaign but don't let it take over. If you have your car as a usable item, you have a starting point. For what it's worth, my old crate has a seriously knocked about front nearside, offside and and rear offside corners as well as a recently aquired cruched rear offside door. All down to other drivers. I've given up on the appearance but it's good for another year, that's all I ask. And, if things don't get worse, I will probably get another 2 years. After all, there isn't any retained value. Edited December 12, 2008 by Scorpiorefugee Quote
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