accident

toonfan2005

Hi not sure if this is right place to post this..sorry if it isnt.

My girlfriend was driving kids to school this morning, and it was snowing so she was driving at 16mph(digital display) and at a left turn turn she had to stop to let a bus which was on opposite side of road pass as, there was cars on it's own side of road. And a car plowed into the back of her smashing his passanger side light, and cracking my bumper and scraping it. As my girlfriend got out she instinctly said "sorry is everyone ok", even though it was his fault, he is now trying to say it was her fault as he says she accepted the blame, she says she didnt, also he is claiming whiplash:mad: for him and his son. He says his insurance have said that it was totally her fault,but as it happens we are both with esure and when we contacted them they said if he went into us then it was his fault, and that he had already been in contact with them,it was a non fault claim(not sure what this means).

And my car is booked in to be fixed next thursday, so i dont know if im going to lose my no claims which ive got 5yrs threough no fault of my own.

Makes me sick when people wont admit they were at fault. When i spoke to him on the phone he was so smarmmy, and said it was going to cost me no claims insurance. now Ive spoke to a solicotor, and explained what happened and she has said that anybody can admit blame, but if somebody has gone into the back of you then they are at fault, as she said he was obviously too close to car or not paying due care. So ive instructed them to act on my behalf.


Sorry for droning on, has anybody any thought's on this

Thanks in advance

Lee


One more question for you guys if insurance goes my as it should, can he still sue me for whiplass for him, and his son who was in front passanger seat was about 7 or 8yrs old, or would his son have to sue his dad using his own insurance?

JF77

If he went into the back of her then it is defo his fault. Also, it is up to his insurer to accept or deny liability on his part so it does not matter what he said.

caine2004

All this guy was doing was trying to intimidate your g/f and i suspect he then suggested it was better to settle it between yourselves and not get the insurance companies involved. Just tell her not to worry and let the insurance companies sort it all out. 95% of the time if someone runs into you they are at fault and yoyr NCB will be preserved. The only time you would have to worry would be if he had some form of witness statement from a third party saying your g/f had caused the crash..

And dont worry about him suing you again if you are found at fault which i highly doubt your insurance company will just take that into account into the cost of the settlement.

If your worried about loosing your NCB in the future speak to your insurance advisor and ask them the cost to protect your bonus. Then if you did have a fault accident you get 1 or two lifelines depending on the company.

Hope you sort it all out.

Obi167

A common misconception with collisions (or many other things if people have injury's). Your GF could have got out of the car, admitted blame and signed a contract to that effect. It would make no difference because it isn't the drivers job to decide who is to blame - its the insurance company's. By the sounds of it you have nothing to worry about, the guy who crashed into you sounds like an idiot and a bully.

Obi167

Oh and about the 'no fault claim' thing, that (i think) means that each party is using there own insurance policy's, which from what you've said is wrong, its his fault, and damage to his and your car should be paid by his insurance policy.

I also despise people like him (and bully's generally). In a crash, your FIRST concern should be all of the people involved's welfare (much like your GF sounds to have done). He obviously just saw the opportunity to take advantage of your GF's good nature (and pound signs in his eyes). Its people like him making driving nowadays a minefield.

Obi167

The son could sue his father, but as a guess its the fathers greed that's making the son lie for him.

Incidentally whiplash is a common injury, and by the looks of it the human neck is getting weaker and weaker, as claims for whiplash have increased by something like 60 percent in a matter of years. That must be why where all paying so much for car insurance then!!!

Quote

Obi167 wrote: »

That must be why we're all paying so much for car insurance then!!!

I'm not paying much for car insurance.

Obi167

...lucky you

toonfan2005

thanks guy's for your help and advice, i spoke to a policeman i know and he said had they been called it is likely that the guy would have been charged with driving whithout due care and attention under section 3(whatever that is).... He has also admitted liability, and my car is due to be fixed next week, i actually wanted to just get my car fixed, without getting the insurance companies involved (would have been better for him), as is my nature, but his attitude on the phone was shocking, so it serves him right,he was so sure he was in the right, and that i was going to pay more for my insurance, bet he's not laughing now.....All this hassle could have been avoided if he had just been more careful, driving is a hassle enough nowaday's whithout people doing stupid thing's especially in bad driving condition's.

Again thanks for your advice and support guy's.

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1. How is this policeman friend of yours managing to comment about an incident which neither of you witnessed? People don't generally pick up driving endorsements every time they rear end someone.

2. Help and advice is only any good if you pay attention to it. HE HASN'T ADMITTED LIABILITY. It's the insurers who establish liability. That's how insurance works.

3. How would you propose to get your car fixed without the insurers being involved, and why would you want to? How exactly would it have been better for him?

4. I can understand why you might be upset that this driver damaged you car which your girlfriend was driving but since you weren't there you would have probably been better off not seeking anyone's advice except your insurers.

wannaberich41

question?

If they admit liability to the police which were called what are the chances that they will be charged?
Not sure if you have seen my post but i had a head on in a 30 not my fault the other guy admitted it to the police it was his.