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Car Window Smashed by Off-Road Driving

watercooling
watercooling Posts: 63 Forumite
edited 9 December 2011 at 8:36PM in Motoring
Suddenly on a near empty dual lane carriageway on the fast lane, for a few seconds a car went off-road towards the barrier where there's grit and loose stones enough to have the grit / stones become airborne and smash the nearside car window on the slow lane.

There were not any witnesses.

Causer disputed/disputes liability and is supported by their insurer.

Police were called at the time, though they refused to visit.

I believe my car colour / number plate at the incident and their personal racism (causer) / corporate racism (their insurer) has something to do with it.

Based on the past correspondence, causer before and their insurer later were being frivolous, vexatious and racially harassing (weasel style).

Police were called again when I corresponded with the causer.

If I sue their insurer in the small claims court, is my case justified on it's merits? Their insurer has threatened ordering their legal costs to be paid if I loose the case.
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Comments

  • glasgowdan
    glasgowdan Posts: 2,968 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Can you explain what happened a bit better? Not clear at all from that.
  • watercooling
    watercooling Posts: 63 Forumite
    edited 9 December 2011 at 8:56PM
    glasgowdan wrote: »
    Can you explain what happened a bit better? Not clear at all from that.

    When a car goes over rubble, grit/stones are thrown into the air by it's tyres. My car window got hit and smashed by the car that went on the grass verge that has loose stones and debris.
  • You mean the French drain?

    Under the act this is a rtc.

    Why the race card?
  • watercooling
    watercooling Posts: 63 Forumite
    edited 9 December 2011 at 9:32PM
    The_Turner wrote: »
    You mean the French drain?

    Under the act this is a rtc.

    Why the race card?

    'Dual_carriageway' I was on has barrier in the middle, example is on Wikipedia - first photo at introduction and then last diagram that has the mention "Diagram of types of road in the UK." (As a newbie the forum software does not allow me to put the links.)

    What does the RTC acronym mean? Road Traffic Collision?

    The facts suggest to me that had my car colour / number plate been different, I would not have been targeted. Also the causer's and their insurer's behaviour and correspondence (weasel style) which a person from their own race would not have had to endure.
  • Weird_Nev
    Weird_Nev Posts: 1,383 Forumite
    Step AWAY from the internet......
  • 'Dual_carriageway' I was on has barrier in the middle, example is on Wikipedia - first photo at introduction and then last diagram that has the mention "Diagram of types of road in the UK."

    What does the RTC acronym mean? Road Traffic....?

    The facts suggest to me that had my car colour / number plate been different, I would not have been targeted. Also the causer's and their insurer's behaviour and correspondence (weasel style) which a person from their own race would not have had to endure.

    What are you on?
  • cajef
    cajef Posts: 6,283 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    When a car goes over rubble, grit/stones are thrown into the air by it's tyres. My car window got hit and smashed by the car that went on the grass verge that has loose stones and debris.

    You have hard evidence to prove your version of events?

    All that cr*p for a broken window, get it repaired and move on.
  • watercooling
    watercooling Posts: 63 Forumite
    edited 9 December 2011 at 9:46PM
    cajef wrote: »
    You have hard evidence to prove your version of events?

    All that cr*p for a broken window, get it repaired and move on.

    The causer accepted that the car was going 76mph which is above the legal limit and that it went on the grass verge (rubble).

    I have had new glass fitted though the inside mechanism that raises / lowers the glass is broken and is costly. The incident happened in the summer, so I have been without proper facility and the car door has to be opened at car parks for switch pressing / tickets.
  • cajef
    cajef Posts: 6,283 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 9 December 2011 at 9:50PM
    The causer accepted that the car was going 76mph which is above the legal limit and that it went on the grass verge (rubble).

    I have had new glass fitted though the inside mechanism that raises / lowers the glass is broken and is costly. The incident happened in the summer, so I have been without proper facility and the car door has to opened at car parks.

    I will lay money on it that is not what he told his insurance company, and it is your word against his.

    A broken glass would not damage the mechanism unless of course someone tried to wind it up or down before the pieces were removed.
  • Weird_Nev
    Weird_Nev Posts: 1,383 Forumite
    edited 9 December 2011 at 10:06PM
    So, a vehicle ahead of you flicked up a stone which broke your window and you:
    1) Got their registration plate
    2) Obtained their details
    3) Contacted them and their insurer
    4) Knew that they were going at 76 Mph
    5) rather than grab a winding mechanism (how was this damaged by the glass breaking by the way?) And glass ,have spent 6 months going through all this
    6) and to cap it all you've been raciallised against because you drive a red car with a black and white numberplate?
    7) And you believe that you are owed some financial redress for this?

    Well, I'm spent.
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