Car Accident Liability/My Rights?

jlg1

Hi Everyone...

Ive been reading a few posts but just wondering some thoughts on a bit of a weird situation.

I had a car accident 22nd Dec - basically pulled up to a giveway as far as I can remember I drove on out after glancing right before this and didnt see anything coming - this was a really awkward give way just ahead of a set of lights from my right.

Anyway - car comes up and hits me driverside just in front of my back wheel/wheel arch.

It seemed like way past the giveway point that this happened to be honest - but anyway I drove on round the church in town and stopped. Car pulls up behind me after a few minutes she gets out and says I drove right out in front of her. I said I thought she was travelling far too fast - she says thats nothing to do with it - I drove right out in front of her...?

Only damage seems to be her trim above wheel arch (Mini Cooper 2006) phones her father - he comes and states "the CCTV cameras will tell all" due to pressurizing I then stupidly admitted liability after feeling bad about what happened and thinking it was a fairly new car so if I had to pay at least it wasnt a "banger". I know you should never admit liability but as I couldn't prove she flew up behind me it seemed it was my fault.

We agree to sort it outside insurance as at that time I thought there was maybe £100 of damage. The father takes car to garage next day. Doesn't call back to me until end of January with some story about everyone being skint after Christmas etc...

Hands me a quote for £752 I obviously was angry and upset at this as it just didnt seem there was that much damage. But he stated it needed bodywork repair, its knocked out of line, front strut, bonnet not closing etc..

I then call to the garage he got the quote from the next day - mechanic has added the bill up wrongly so it should have been £654..? This caught my attention as I thought there was something fishy going on.

I then found the car advertised (last week) on Gumtree and the fathers Facebook page from mid January 2 WEEKS BEFORE I was handed the estimate. No mention in the add of damage etc...I mean how can this be sold if it is so badly damaged...?

Ive since noticed the ad isnt there anymore.

I then called to mechanic today - he said there's no question car is damaged (he told them to take it off the road at the time i.e, before Xmas) and hes too busy but will be fixing it in next 2 weeks. Approx £600 at the most "hopefully" he said.

So my questions are If I have admitted liability:

1. Have I any rights at all in this case?

2. No insurance details swopped at the scene - so can they still potentially claim injuries (of which there were none) against me somehow..? (Despite fathers assurances they "arent interested in all that")
Didnt even give my Insurance company at the time as I was all over the place just after it happened.

3. Am I entitled by law to get my own quote first before any work is carried out considering I'm paying for it...?

Father had said he was quoted over £1400 from someone else yet nothing on paper to prove this.

I asked the Father to get them to draft something to sign saying there will be no further ramifications for myself re: claiming for injuries etc.. Ive yet to see this document - I was gonna draft something myself and make sure I get it signed - will this be a binding document though...?

I also met the father last week and no mention of the car..?

I was beginning to think he was working a move with the mechanic - I mean who advertises a car so badly damaged for sale 2 weeks after an accident as in perfect working order...?

Any tips much appreciated...? If anyone knows where I stand legally with this - especially helpful.

Thanks a lot...;)

James

neilmcl

Whether you admitted liability or not at the scene it does indeed look like your fault. If you're at all concerned whether they're trying to pull a fast one then the thing to do is let your insurer deal with it. I can assume that you've informed your insurer about the accident?

angrycrow

On the point of liability from what you have describe this is a fault claim your defence appears to be she was going too quickly yet you did not see her prior to pulling out so how do you know what speed she was traveling at. If you did see her before pulling out why did you not take into account her speed and wit for her to pass.

Regarding the advert on Gumtree this could have been put up prior to the accident and then removed once the car was damaged.

You have no rights to dictate where they chose to repair the car. The minis have a clamshell front so any impact to the wheel arch does tend to throw out the bonnet alignment and could make the bonnet insecure, it also tends to knock the headlight out of alignment.

Best bet is to pass the mess to your insurers now and let them do what you pay them for. Be prepared for the injury claim as well.

jlg1

neilmcl wrote: »

Whether you admitted liability or not at the scene it does indeed look like your fault. If you're at all concerned whether they're trying to pull a fast one then the thing to do is let your insurer deal with it. I can assume that you've informed your insurer about the accident?

Hi... I. actually thought you're not obliged to tell your insurance if u agree to sort it outside of insurance..?

My reason for not telling insurance apart from this is that I'll have to declare it for 5 years costing a lot more in the long run probably.. I would think.

James

jlg1

angrycrow wrote: »

On the point of liability from what you have describe this is a fault claim your defence appears to be she was going too quickly yet you did not see her prior to pulling out so how do you know what speed she was traveling at. If you did see her before pulling out why did you not take into account her speed and wit for her to pass.

Regarding the advert on Gumtree this could have been put up prior to the accident and then removed once the car was damaged.

You have no rights to dictate where they chose to repair the car. The minis have a clamshell front so any impact to the wheel arch does tend to throw out the bonnet alignment and could make the bonnet insecure, it also tends to knock the headlight out of alignment.

Best bet is to pass the mess to your insurers now and let them do what you pay them for. Be prepared for the injury claim as well.

Hi..

As regards the Gumtree advert the car was only advertised on 11th January as it said date posted on the advert. So he waited two weeks after the accident to advertise it putting a potential buyer at risk of serious injury.. It seemed as it didn't seem he then came expecting me to handover the estimate amount.

On the subject of the injury claim how can they claim off my insurance without having my insurance details if it came to it....?

There was damage to my own car and I'm left with it..

It does seem then that it is as damaged possibly as they have said.

There's still the question of them signing something to say they won't take things further.. If they do sign will it protect me from a claim...?

I've read that you can draw up something to draw a line under things if u settle privately...?

James

Money_maker

Just leave it for insurance to handle, if you could be leaned on to admit liability then just image what else they could squeeze out of you.

flashg67

You actually should tell your insurance, even if you don't claim. Of course many/most don't as it does tend to push up premiums, even with no claim made.

d123

jlg1 wrote: »

Hi... I. actually thought you're not obliged to tell your insurance if u agree to sort it outside of insurance..?

My reason for not telling insurance apart from this is that I'll have to declare it for 5 years costing a lot more in the long run probably.. I would think.

James

You're obliged to report any accident to your insurer.

Aylesbury_Duck

Tell your insurers and let them deal with it. With respect, your post asks a lot of questions and shows that you're not really well informed as to your rights, responsibilities and obligations. That's not a good basis on which to proceed with a DIY approach.

You may well be asked why you have left it so long before informing your insurers. I suggest complete honesty. Your homespun approach to resolving this accident, which I'm fairly sure will be deemed to be your fault by the way, is falling apart and you need cooperation from your insurers to make sure you're properly represented. Trying to conceal information from them could end up invalidating your insurance which will cost you a lot more than just a claim in the future.

Aylesbury_Duck

Oh, and forget all the fluff about gumtree adverts and mechanic scams. It's all irrelevant and doesn't in any way cancel your liabilities and obligations arising from the accident.

neilmcl

jlg1 wrote: »

Hi... I. actually thought you're not obliged to tell your insurance if u agree to sort it outside of insurance..?

My reason for not telling insurance apart from this is that I'll have to declare it for 5 years costing a lot more in the long run probably.. I would think.

James

You thought wrong. Read your insurance documents.