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DD had an accident today
My DD passed her test two months ago & bought the new shape KA.
She was very happy with it, until some silly woman driving the opposite direction decided she didn't need to give way to turn right across on coming traffic & just turned (this afternoon in Crawley). Her back quarter & my daughters front left collided, my DD did stamp on the breaks as hard as possible, but the woman did just pull across as if she wasn't there.
Rang the insurers, if she takes it to one of their garages she can have a curtsy car soon as, however if she wants to use Fords, its up to Ford to provide her with a curtsy car (if they have one), will need to sort all that out on Monday.
Her excess is £300, they said my DD will have to pay that if the woman doesn't admit liability. I think if my DD wins the case, then she won't have to pay the £300.
Will it affect her no-claims? Assuming it goes in her favour of course.
It must be a fairly open & shut in this case, with her pulling over onto the path of an oncoming car?
She has been to the hospital, as she is very sore (she was in pain within an hour - I think the adrenalin stops the person feeling it straight away. They said she has whiplash down her right side & lesser whiplash down her left side.
She may well need the week off work, I will have to do all the running around to get two quotes (from 2 separate Ford garages), but I work full time, don't know how I will fit it in. Its drivable, but the headlight is loose & the bonnet is out of line & won't close properly. The backs seats all flew out of their clips in the impact & feel down, not a good sign for KAs:rolleyes:
She was very happy with it, until some silly woman driving the opposite direction decided she didn't need to give way to turn right across on coming traffic & just turned (this afternoon in Crawley). Her back quarter & my daughters front left collided, my DD did stamp on the breaks as hard as possible, but the woman did just pull across as if she wasn't there.
Rang the insurers, if she takes it to one of their garages she can have a curtsy car soon as, however if she wants to use Fords, its up to Ford to provide her with a curtsy car (if they have one), will need to sort all that out on Monday.
Her excess is £300, they said my DD will have to pay that if the woman doesn't admit liability. I think if my DD wins the case, then she won't have to pay the £300.
Will it affect her no-claims? Assuming it goes in her favour of course.
It must be a fairly open & shut in this case, with her pulling over onto the path of an oncoming car?
She has been to the hospital, as she is very sore (she was in pain within an hour - I think the adrenalin stops the person feeling it straight away. They said she has whiplash down her right side & lesser whiplash down her left side.
She may well need the week off work, I will have to do all the running around to get two quotes (from 2 separate Ford garages), but I work full time, don't know how I will fit it in. Its drivable, but the headlight is loose & the bonnet is out of line & won't close properly. The backs seats all flew out of their clips in the impact & feel down, not a good sign for KAs:rolleyes:
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Comments
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hopefully she got the name of some witnesses ??
worth taking pictures of the damage to her car (garage does not normally bother ) and of the junction where it happened
if she is not at fault then she will get her excess back , not sure about the no-claims but the claims dept can clarify , if not the compensation can be added to the settlement to cover the lossEx forum ambassador
Long term forum member0 -
hopefully she got the name of some witnesses ??
worth taking pictures of the damage to her car (garage does not normally bother ) and of the junction where it happened
if she is not at fault then she will get her excess back , not sure about the no-claims but the claims dept can clarify , if not the compensation can be added to the settlement to cover the loss
She was in such shock, she didn't & everyone drove off except her & the lady (& my DDs BF who was in the car behind).0 -
Would be wrong but I wonder if BF could be used as a witness (so long as he's not named on her insurance policy and they aren't living together). Who's to say he's not an "independent" witness?!0
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Funny thing is I recall posting about a similar incident to myself and I got told that it was my fault, right MrsE? lol.....0
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My question about loosing her no claims bonus, assuming she is found without fault (& I'm confident she will be), will she loose her no claims? She will have had a claim, but it will be there other parties fault.0
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Balanchine wrote: »Funny thing is I recall posting about a similar incident to myself and I got told that it was my fault, right MrsE? lol.....
She was driving down the road & someone coming the opposite direction crossed her path to turn right into a side road without looking or giving way, how can she be at fault?0 -
MrsE, I recall posting a thread about the very same thing happening to me. I recalled you saying I wasn't paying attention and it was my fault, despite the fact the oncoming car turned in my path! So how can I be at fault and your daughter isn't?0
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Would be wrong but I wonder if BF could be used as a witness (so long as he's not named on her insurance policy and they aren't living together). Who's to say he's not an "independent" witness?!
The lady who crashed into her, knows he is my DDs BF. My DD was in such shock, he stepped in to sort the details & he told her he was her BF.
He's not named on her policy & they don't live together.0 -
I would advise to do what your insurers say. What usually happens is that you claim off your insurance, pay the excess and get it repaired at their garage, then at least your car gets repaired properly and you get a courtesy car whilst yours is off the road.
Then comes the tricky business of establishing blame. Do you have legal cover on the policy ? If you do, then no problem, your insurers will fight your case at no cost to you. If not, then you need to weigh up whether or not it's worth your while fighting it privately. Usually not, as the court fees will outweigh what your excess is, unless you're totally certain of winning.
But either way, if you you win the case ( i.e. it's established that you're not to blame ), then you will get a refund for the excess you paid.
Been in this position myself a couple of time ( both times not my fault - but I would say that, wouldn't I ! ) One time, it turned out "knock for knock" i.e. they couldn't prove blame either way, so it cost me my excess ( £200, but the repair was about £3000, so I just accepted it ). The other time it was clearly the other bloke's fault. He denied it at the time, but I needed my car back on the road, so I paid the excess and got my car repaired. Many months later it came back that "the system" had found he was actually to blame, so they refunded the excess I'd paid to the repairers0 -
BallandChain wrote: »MrsE, I recall posting a thread about the very same thing happening to me. I recalled you saying I wasn't paying attention and it was my fault, despite the fact the oncoming car turned in my path! So how can I be at fault and your daughter isn't?
In the same circumstances?
Sorry I don't remember, do you have a link?0
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