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Someone hit my car...

135

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    Now you know the ignorance you are up against, and bearing in mind the third party has no insurance for damage to her own car, then all sorts of changed stories and accusations seem a possibility!
  • asbokid
    asbokid Posts: 2,008 Forumite
    edited 27 April 2009 at 6:02PM
    Quentin wrote: »
    Now you know the ignorance you are up against, and bearing in mind the third party has no insurance for damage to her own car, then all sorts of changed stories and accusations seem a possibility!

    ...and in the dueness of time, Taye can expect a Letter of Claim from a very dodgy law firm, holding Taye to be 100% negligent in the collision.

    The threatening Letter will catalogue an extraordinary array of injuries purportedly suffered by the Other Party....

    Shortly afterwards, Taye will also learn that the Other Party has chosen to hire a prestigious replacement vehicle at £93.16 a day (plus credit charges) while her claim for damages against Taye is pursued... The credit hire company will chip in to the legal fund that's going to bankroll the fight against Taye.

    At some indeterminate date in the future, an "eyewitness" will suddenly surface, to help swing the case for the Other Party.

    If the case goes against Taye - and that's looking ever more likely since Taye is honest and the Other Party is not - Taye's insurers will naturally have to cough up. For the next 20 years, Taye's premiums will be suitable loaded to recover the cost of this fraudulent claim.

    Who says Britain's infamous "service" sector is dead?!

    Sadly it's very much alive and kicking.
  • PD1
    PD1 Posts: 119 Forumite
    'Anyway she's refusing to talk about it insists that her husband "knows" that if the police wern't involved you can't claim on the insurance and has told me to speak to her husband tonight, it's almost like she thinks that if she doens't take my details she doens't have to admit to it.'

    Lol, I do wonder where these people pick up their believes from.......now I know there is such a thing as the police won't attend unless someone is hurt, so I wonder if he's 'hurt' someone at an accident and got it confused with that.....the mind boggles. Like Quentin has said, its a good indication of what you're dealing with, so brace yourself for a rough ride.
    Most people are working too hard to make really decent money:eek:


  • patchwork_cat
    patchwork_cat Posts: 5,874 Forumite
    DO NOT deal with them anymore only deal with your insurance from now on. Ofcourse you can claim if the police weren't called, if they had to turn out to every bump they would never do anything else. Also years ago a lorry crashed into the back of us and our insurance ended up accepting part responsibility much toour annoyance as the lorry drivers changed their story and said we changed lanes - clever with our handbrake on! So I always try and get a witness now, too.(You would be surprised how many people won't be witnesses) I applaud your initial caring attitude, but you need to let it go now.
  • daveboy
    daveboy Posts: 1,400 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Personally I'd take her to the cleaners.....she hit you. End of.

    If it had been me I'd have been laughing myself all the way to work.
  • asbokid
    asbokid Posts: 2,008 Forumite
    edited 27 April 2009 at 6:46PM
    Taye wrote: »
    Gah this is turning into a nightmare.

    I've just phoned her to tell her than i'd called the insurance company and give her my details because she didn't take them at the time of the accident.

    she refused to take my details saying that her husband said that unless we called the police to the incident i couldn't claim !!! which i know is rubbish but still.

    You should now report the collision to the police, advising them that the Other Party is behaving suspiciously by refusing to take your details after the collision.

    FWIW, so long as you got each other's vehicle plates - and you are both insured - the insurance companies will readily share details between each other.

    However, I would still report it to the Cops, on the basis that the Other Party's refusal to take your details, now leaves you with a Statutory Duty to report the accident under Section 170 of the Road Traffic Act 1988.

    After all, in extremis, the nasty old cow could croak 24 hours later from an injury caused by the collision. And without your name on record, the police could be making a "public appeal" for you to "come forward to help with our enquiries" !

    The Law says (see here: http://www.opsi.gov.uk/acts/acts1988/ukpga_19880052_en_14 )
    Every motorist has a Duty under s.170 of the RTA 1988 to:
    ...
    (2) stop after an accident.. and if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

    (3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.

    (4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.
    "report the accident" means report it to the Police, as soon as possible, and obtain an Incident Reference Number.

    Good luck! Now you've got to nail the bi tch for negligence.

    EDIT: Of course, you don't need to inform the Other Party that you have reported the incident to the police.. To do so would probably be unhelpful to your insurance claim against her.
  • lifesuckssometimes
    lifesuckssometimes Posts: 666 Forumite
    edited 27 April 2009 at 6:28PM
    She needs to take care when driving in all weather also 3rd party has she had a few mishaps before and how long until she hits a child or adult it has happened its her fault report it.

    EDIT: Read all of post should have done first persue to the end on this one cocky fuker she needs to lose your NCB but i doubt she has any from what her driving is like
    NO!
    MY NAME IS NOT WORZEL
    IM JUST FEELING SLIGHTLY ROUGH TODAY
  • Taye
    Taye Posts: 473 Forumite
    Well as much as i know roundabouts are somewhat no-mans lands im hoping the fact that it happened on the slip road off the roundabout helps my case somewhat, it's not like i cut her up on the roundabout.

    I'd come off the roundabout, she came off behind me, i stopped in the que of traffic she did not... luckily she can't even try the "changing lanes" story as there are roadworks all along that slip road and there was no other lane for me to be in.

    Thing is she gave me her details but wouldn't take mine which is just weird... i mean seriously at this point in time she can't even put in a claim against me as she doens't know who i am ?? and won't know till the bill arrives with her insurance people.
    This months aim :- Stick to food Budget / find £100 for my car insurance
    May GC :- £250/£234.55 :T:A:T
    June GC :- £150/£127.37:eek:
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    A good tip if this happens to you again is to take a few pictures on your phone of how the vehicles ended up, the damage to both cars, road signs and road markings. If the person then tries to say it was your fault due to changing lanes etc (It happens quite a lot) you can just send the pictures in which can really show what actually happened
  • asbokid
    asbokid Posts: 2,008 Forumite
    Taye wrote: »
    Thing is she gave me her details but wouldn't take mine which is just weird... i mean seriously at this point in time she can't even put in a claim against me as she doens't know who i am ?? and won't know till the bill arrives with her insurance people.

    Box clever... Why might she be doing that????

    Maybe she's going to say that you refused to give your details to her, "contrary to s.170 of RTA 1988"...

    She could use that to cast you in a bad light to bolster her fraudulent claim that you violated other road traffic laws in this collision...

    That is, unless you can categorically prove that you did indeed try to give her your name and address, but that she refused to record those details..

    You can - and should - close off that avenue of deceit by reporting the collision to the police.. today.. Take all your documents in to the police station and get them recorded and get an incident reference number for the collision..

    Because of what has happened, you are now obliged by law to report the collision to the police.

    If you fail to report the collision to the police, you are Guilty of an Offence.
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