Just Had Car Crash -any Advice Re Claim

angeleyes

HI
I AM LOOKING FOR SOME ADVICE I HAD A CRASH TODAY IN MY CAR WITH MY BOYFRIEND IN THE PASSENGER SEAT.I WAS EDGING OUT OF MY ROAD BUT THERE WAS A CAR PARKED SO I COULDNT SEE -ANYWAY I LOOKED AND COULDNT SEE ANYTHING AND WAS EDGING OUT AND ANOTHER CAR CAME ALONG AND HIT ME IN THE PASSENGER SIDE.ANYWAY HE TOOK MY DETAILS AND NAME AND I HAVE HIS PHONE NUMBER BUT THIS IS THE FIRST CRASH I HAVE EVERY HAD AND DONT KNOW THE PROCEDURES ALTHOUGH I WILL BE IN TOUCH WITH MY INSURANCE COMP IN MORNINGS.GIVE ANY ADVICE ON WHAT TO DO OR EXPECT.
I HAVE FULLY COMP INS AND HAVE FULL NO CLAIMS FOR 8 YEARS (OR DID HAVE)THIS WASNT PROTECTED(RENEWABLE END OF JAN)
I DONT HAVE ANY MAJOR INJURIES ALTHOUGH I THINK I HAVE WHIPLASH ON MY RIGHT HAND SIDE WITH MY NECK ,BACK AND WRIST AND SHOULDER.
MY BOYFRIEND ALSO HAS SUFFERED WITH BAD NECK AND BACK ETC.
MY CAR IS DAMAGED ON THE BONNET,SIDE AND GRILLS.
AND I HAVE SURE THE OTHER FELLER WILL BE PUTTING IN A CLAIM FOR HIS CAR AND HIMSELF.
I AM WORRIED ABOUT NEXT YEARS PREMS ETC AND HOW THIS CRASH/CLAIM WILL AFFECT IT.
ALTHOUGH I HAVE FULLY COMP I DONT THINK I HAVE THE LEGAL COVER.
MY BOYFRIEND THINKS AS HE WILL BE CLAIMING AND AS MY CAR HAS BEEN DAMAGED AND WE ARE IN PAIN(ALTHOUGH WE HAVENT GONE TO HOSP ETC YET) THAT WE WILL ALSO BE ABLE TO CLAIM FOR THE DAMAGE TO MY CAR AND WHIPLASH TO OURSELVES -CAN ANYONE THROW ANY LIGHT ON THIS

THANKS IN ADVANCE

Bossyboots

Okay, I am afraid you are responsible for the accident so your boyfriend and the other driver will need to claim on your insurance. You will not be able to claim for your own injuries.

You need to notify your insurers of the accident, giving them all the details you have about the other driver. As you boyfriend is likely to claim they should ask for his details at this stage too.

You then need do nothing more about the other driver, your insurers will deal with it all including any injury claim he may make. You may get a letter from solicitors or his insurers but you simply need to pass that to your insurers to deal with.

As far as your vehicle is concerned, your insurance company will tell you what to do next. When I had my accident, they gave me the name of my local approved repairer and said they would contact me. My insurer would then pay for the repairs and claim them from the other driver (it was her fault). In the end, her insurers paid me out direct and I made no claim on my own insurance. Had I done so, because they would have reclaimed the costs from the other insurers, my no claims would not be affected.

Unfortunately in your case, you will probably lose two years no claims.

angeleyes

so is this right i cant claim any damages to me even if fully comp

scheming_gypsy

nope... it's too risky to scams if the insurance companies let you do that..

you claim £2000 injuries and your premiums go up £200 (for arguments sake). Way too easy to crash your car and claim when you need some cash

Bossyboots

angeleyes wrote:

so is this right i cant claim any damages to me even if fully comp

Yes. You can only claim damages in any scenario where someone else's negligence has caused you loss or injury. In this case you will be seen as the negligent party and therefore unable to claim against yourself (your insurer) for your injuries.

Xenomorhic

This worries me, I am often in and out of junction where cars are parked around me and I have to edge right out to see before I go.. Just to clarify were you stationary and looking around when the car ploughed into you or were you pulling out and onto the road having just not seen them approaching?

I'm only concerned as my driving instructor used to have to really encourage me to edge my car right out at a junction with parked cars on either side so I could see before I went anywhere, I hated getting so far in as the cars nose would have to end up poked right out before I actually drove out, but otherwise I couldn't see!

bbruce

Honest John is always a good source. Just type "accident" into the subject box of: http://www.honestjohn.co.uk/index.php?url=/forum/search.htm
It is possible that people parking badly were partly to blame. I get the same situation as Xenomorhic once a week when churchgoers park haphazardly (I hope they pray for us who have to take our lives in our hands negotiating the mess they leave).
It is also possible that the other driver was partly to blame if he was using his mobile - according to HJ you can demand his phone records.

[Deleted User]

You need to report this accident to the police if anyone other than yourself were injured. Also if there was any 3rd party damage to fences or street furniture etc...

If your boyfriend was injured it is a reportable accident under S170 Road Traffic Act 1988.

Shock is also classed as an injury.

Even though you were injured too - if the other driver is deemed liable in any way then YOUR injuries also become relevent.

Do NOT admit liability to anyone - that is for the police and insurance companies to decide. Although you were T'boned pulling out - there may be other factors that place some onus on the other driver ie. speed etc..

You boyfriend, if injured - may be entitled to compensation via your insurance if you are at fault -or the via the other driver if they are at fault and he should take independent advice.

He should get his injuries checked by a doctor and documented ASAP.

You need to attend any police station of your choice within 24 hours or ASAP with all your driving docs - that is licence, insurance and MOT if applicaable, plus log book for the car.

The other driver also must do the same.

Bossyboots

Deleted_User wrote:

You need to report this accident to the police if anyone other than yourself were injured. Also if there was any 3rd party damage to fences or street furniture etc...

If your boyfriend was injured it is a reportable accident under S170 Road Traffic Act 1988.

Shock is also classed as an injury.

Even though you were injured too - if the other driver is deemed liable in any way then YOUR injuries also become relevent.

Do NOT admit liability to anyone - that is for the police and insurance companies to decide. Although you were T'boned pulling out - there may be other factors that place some onus on the other driver ie. speed etc..

You boyfriend, if injured - may be entitled to compensation via your insurance if you are at fault -or the via the other driver if they are at fault and he should take independent advice.

He should get his injuries checked by a doctor and documented ASAP.

You need to attend any police station of your choice within 24 hours or ASAP with all your driving docs - that is licence, insurance and MOT if applicaable, plus log book for the car.

The other driver also must do the same.

I don't want to take this off topic so please reply by pm if you think this might happen, but I had an accident in July. At the scene I did not realise I was injured (my physio and GP say that is normal) but even now, nearly six months later I am in pain from a whiplash injury. I have not reported it to the police and am a bit worried by your post. It seemed petty to report it once we had left the scene. Not sure what to do now.

scheming_gypsy

i've been in 3 traffic accidents and never reported any to the police. 2 weren't my fault and i claimed for whiplash on both and never been told by the solicitor dealing with it that i need to go to the police station

Bossyboots

scheming_gypsy wrote:

i've been in 3 traffic accidents and never reported any to the police. 2 weren't my fault and i claimed for whiplash on both and never been told by the solicitor dealing with it that i need to go to the police station

Thanks sg. The two accidents my husband had were attended by the police so this is the first time I have had to deal with this issue.