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Car accident - other driver won't admit liability.

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Michaelawt85 Flag Bexley 16 May 17 5.12pm Send a Private Message to Michaelawt85 Add Michaelawt85 as a friend

A few of you may remember me posting about this last year.

In November I was driving slowly out of a car park when I saw a car reverse out of its space and straight into my path causing some very minor scratches to the paintwork. I had come to a stop and planted my hand on the horn for at least 5 seconds but the driver didn't look, didn't respond to the sound of the horn and carried right on back anyway.

It's now with a solicitor provided by my insurer which is tesco bank. I had to pay the £300 excess for the respray on my car. I have been ringing and perusing these solicitors and today they have decided they want diagrams and photos (which I have) as the senile old bat is refusing to admit liability and it's going to court.

What happens now. How much longer is this going to go on for and when it gets to court and I turn up are they going to somehow wwriggle out of it and lay the blame on me (my insurer said immediately when I reported it the same afternoon that anyone who reverses and causes damage or makes contact with a vehicle is AlWAYS liable)

Surely it's in my favour the fact I am claiming the bare minimum and not claimed for whiplash, car seats and all the other things the insurers tried to insist I claim for.

 


When I was a young girl my Mother said to me.. You listen here kid you're CPFC

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Rudi Hedman Flag Caterham 16 May 17 5.26pm Send a Private Message to Rudi Hedman Add Rudi Hedman as a friend

Same thing happened to me a while back, had the horn going (sorry!) for the same 5 seconds and she went ape about it. She did manage to stop but only just. If I hadn't she'd have reversed straight into me which is what I said, as well as I was saving both our cars. Probably had the stereo on or checking the her creases in the mirror.

Some people who know her were laughing about it and I think she might have smashed the car up a few months after.

Worst for car park driving I've ever seen was around the cinema on the Purley Way. Some morons drive round there like it's a racing track when you're reversing out of a space, so don't park nose first there when you go.

Another tw&t came flying round the one way bit at the bottom of Addiscombe Road a while back on my way to Palace in the rush hour trafic jam, yes what a div, and shunted several cars along, me at the front. Never forget the woman's face in the rear view mirror. She looked like her boat (not face) was being rammed by a shark.

Sorry about the insurance. No idea. Did they say 'always' or 'nearly always', because it's 'nearly always' when someone goes into the back of you. the moron on Addiscombe Road tried to claim the car in front wasn't keeping up with the traffic jam as expected. Really!

Edited by Rudi Hedman (16 May 2017 5.27pm)

 


COYP

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Michaelawt85 Flag Bexley 16 May 17 5.31pm Send a Private Message to Michaelawt85 Add Michaelawt85 as a friend

They used the word always liable if someone reverses into something.. I have read on money saving expert the other insurer usually s*** themselves and settle out of court once court proceedings are issued. Otherwise they get stung for the legal costs as well as the repair bill and courtesy car plus anything else thrown at them.

 


When I was a young girl my Mother said to me.. You listen here kid you're CPFC

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Forest Hillbilly Flag in a hidey-hole 16 May 17 7.47pm Send a Private Message to Forest Hillbilly Add Forest Hillbilly as a friend

Insurers always instruct the policy-holder not to admit liability. It can compromise their insurance, and even invalidate it.

Don't let the insurers settle on a 50/50 joint liability thing, cause the insurers then fck up both drivers no-claims bonus and ramp-up their premiums.

Insist it goes to court, if you have enough evidence. Photos of the location of the collision, photos of the damage to your car. Keep all garage bills, taxi receipts, logs of time off work (loss of earnings)time spent liaising with your solicitors and also include the time off work for the actual court date- normally half a day,...tops. Be excellent if you have any witnesses, or testimony from the garage as to how the damage was likely caused.

This is why I keep a digital camera with me at all times. Not just for 'up-skirt' shots on the Tube, but it is also a fine way of gathering evidence at the time of the incident.

I insisted on taking some divvy biatch to court some years ago, when my insurer wanted to destroy my no-claims bonus. She admitted liability at the time of the collision, but then changed her story after she got home (consulted with her husband) I took photos of the road, photos of the damage, drawings of how the accident was caused.

I made her look a total ciint in court as she was well and truly busted.

Good luck Michael

Edited by Forest Hillbilly (17 May 2017 8.40am)

 


I disengage, I turn the page.

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pefwin Flag Where you have to have an English ... 16 May 17 7.50pm

I thought most insurers pay up then remove you from their books at the next renewal.

It is cheaper than going to court.

 


"Everything is air-droppable at least once."

"When the going gets tough, the tough call for close air support."

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Nobbybm Flag Dartford 17 May 17 8.21am Send a Private Message to Nobbybm Add Nobbybm as a friend

Originally posted by Michaelawt85

They used the word always liable if someone reverses into something.. I have read on money saving expert the other insurer usually s*** themselves and settle out of court once court proceedings are issued. Otherwise they get stung for the legal costs as well as the repair bill and courtesy car plus anything else thrown at them.

Potentially. If she's absolutely adamant you drove into her & not the other way round then it can go the distance. If you have any (preferably independent) witnesses then it's a no-brainer but if not then it may need to go legal.

Insurance co's are on a mission to iron out the crash for cash & other cons so more & more claims go legal these days.

 


Will this be five? It's gonna be five! It IS five!

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bubble wrap Flag Carparks in South East London 17 May 17 10.47am

Same thing happened to my wife, reveresing out of a space and some old duffer decided to reverse at the same time. With the insurance we had to settle on a knock for knock basis as he was adamament it was my wifes thought even though she had stopped and beeped her horn before he hit the car. Can argue all you want but Insurance companies will not back you.

 

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kennybrowns leftfoot Flag Reigate 17 May 17 11.07am Send a Private Message to kennybrowns leftfoot Add kennybrowns leftfoot as a friend

If it happened as you say then you have nothing to worry about. They are just trying it on to see if they can get you to go 50/50 liability.

They will settle before court as they won't want to incur the fees or feel the wrath of the judge for wasting his time.

 


Don't waste your time with jealousy. Sometimes your ahead, sometimes your behind, the race is long. But in the end it's only with yourself!!

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macca19720 Flag selsey 17 May 17 11.14am Send a Private Message to macca19720 Add macca19720 as a friend

Similar thing happened to me a while back, I was hit from behind
On a main A road, the other driver admitted it was his fault st the scene & I had my son in the van with me, anyway this happened in July last year & it's still not sorted, I got a letter last week telling me a court date has been set for 25th of this month, so I'm just waiting to see what happens!

 

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Michaelawt85 Flag Bexley 17 May 17 11.23am Send a Private Message to Michaelawt85 Add Michaelawt85 as a friend

Originally posted by macca19720

Similar thing happened to me a while back, I was hit from behind
On a main A road, the other driver admitted it was his fault st the scene & I had my son in the van with me, anyway this happened in July last year & it's still not sorted, I got a letter last week telling me a court date has been set for 25th of this month, so I'm just waiting to see what happens!


Ooh. Please post back with what happens when the time comes. Thanks

 


When I was a young girl my Mother said to me.. You listen here kid you're CPFC

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Michaelawt85 Flag Bexley 17 May 17 11.28am Send a Private Message to Michaelawt85 Add Michaelawt85 as a friend

Originally posted by Nobbybm

Potentially. If she's absolutely adamant you drove into her & not the other way round then it can go the distance. If you have any (preferably independent) witnesses then it's a no-brainer but if not then it may need to go legal.

Insurance co's are on a mission to iron out the crash for cash & other cons so more & more claims go legal these days.

No independent witnesses . I had two children with me (even my 3 year old son) was asking her why she drove into us lol. Another driver came into the car park as she drove into me but where he was he saw sun total of sod all of what happened. He got out and came over and immediately was on her side about it. As I say he saw nothing of what actually happened so I can only make the assumption he was on her side as he was a fellow geriatric . He kept banging on and on that If she had hit me there would be paint from my car on hers which there wasn't. My car is red and hers was a dark grey.

 


When I was a young girl my Mother said to me.. You listen here kid you're CPFC

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Cucking Funt Flag Clapham on the Back 17 May 17 11.35am Send a Private Message to Cucking Funt Add Cucking Funt as a friend

Originally posted by bubble wrap

Same thing happened to my wife, reveresing out of a space and some old duffer decided to reverse at the same time. With the insurance we had to settle on a knock for knock basis as he was adamament it was my wifes thought even though she had stopped and beeped her horn before he hit the car. Can argue all you want but Insurance companies will not back you.

Insurance companies' business models are based on the principle of taking as much premium income as possible and paying out as little as possible. Unless it's 100% clear cut (witnesses etc), they'll fight you to the end.

 


Wife beating may be socially acceptable in Sheffield, but it is a different matter in Cheltenham

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