talizman

iTrader: (1)

I should have won a claim against a guy who swerved sharply into my lane, when I skidded and hit him in the back.

I was completely not at fault as he drove straight into my braking space, but unfortunately I had no witnesses.

Also, he "magically" created a witness..... he claimed that after he left the scene of the bump, he caught up with a "jogger" further up the road, who he claims passed the accident. His mate.

That'll be 2 years NCD down the swanny then.....

B@stards

Aaquil

No he has not called back with his details...weird eh?

talizman

iTrader: (1)

If he doesn't call back then theres a good chance the claim won't proceed, notwithstanding, it can still be dealt with if he has insurance and they have contacted your company direct, but you would be made aware of that.

Aaquil

Talizman,

Thanks for the response...I sit and wait then?

328is

I don't think he's got insurance and now you've called his bluff you'll never hear from him again

Happened to me and he was well interested to get it sorted with cash...soon as insurance was mentioned he magically dissappeared

talizman

iTrader: (1)

I agree.

Leave the ball in his court.... if he gets back in touch you have to bite the bullet and take the hit.

If he doesn't, you've won a watch.

You have fulfilled your obligation by informing your insurers that a third parties claim may be landing on their doormat and they have a record of that.

Good luck, hope he does a vanishing act!

GREEN SCOOBY

yep I totally agree with some of the lads who went into the back of people due to the other drivers fault.It is not right to just think IF YOU HIT A CAR AT THE REAR ITS YOUR FAULT. This happened to my girlfriend and sister.They are driving into town and some knobber in an old escort passes them,then decides to have a good luck at them both while passing,cuts into their lane while still lucking and crashes into another car while doing so.My girlfriend and sister go into the back of his car because he has cut the braking time from a few car lengths to nearly zero. Who got the blame? my girlfriend,even though we contested it,the lad changed his claim,my girlfriends car was wrote off and the insurance just wanted to pay up and blame her? Simple as.Luckily she had her no claims protected,BUTTTTTTTTTTTTTTTTTT! that made no difference as her new quote for insurance the next year rocketed on a smaller engine car.Fcuked again by the insurance company.

Aaquil- hope everything goes well in not getting rid of the scooby and did you try Alyn at AS PERFORMANCE for the oil?

Aaquil

Not yet mate...I will get on the case with the oil when I've got a bit more cash spare. I really appreciate all the help.

Aaquil

Flippin' heck I've had tons of views and loads of helpful replies...keep 'em coming guys and thank you.

Eagle7

Can i just say at this stage. I used to have a corsa. I once had an accident where i reversed into another car in a straight line rather fast (i was still accelerating on impact.) I completely smashed in the rear of this other car and there was nearly £1000 worth of damage to his car. The corsa however only had a tiny (1cm) scratch and a broken rear number-plate bulb!

Old corsas are pretty tough dodgem-cars. I cant see how his rear floorpan is bent unless you hit him VERY hard or at a funny angle.

all IMHO

Aaquil

Thanks for that input mate...it looked fine when I had a look at it after the bang.

talizman

iTrader: (1)

Any update Aaquil?

Has he called you back?

Have you tried reaching him again?

Aaquil

Nope...he hasn't called me back. Should I call him or will I be opening a can of worms?!!!

douglasb

Are you from Norfolk? Oh, I see. They are two different women.

talizman

iTrader: (1)

Hmmmmmm, judgement call.

If you call him, you risk kick-starting his claim, or alternatively, you may get some sort of confession out of him, along the lines of... "don't worry about it mate, I've decided just to scrap the car!"

Or, if you don't call him, you just play the waiting game, wondering if the dreaded claim is going to arrive, and hammer your policy or not.

Personally, I'd want to know if he is claiming or not, cos I hate waiting, especially under circumstances like these.

At least you have notified your insurers so you are covered, no matter what the outcome.

Aaquil

Thanks mate...I think I'll wait cos I will only go and put my foot in it talking to him on the phone. I appreciate the input.

chris's scooby

I'd wait to hear from him. Having just read the link and seen how many days it's over i'd guess he's not got any insurance. You'll hear if he contacted your insurance company. As you've not heard from him he may well have guess you've rummbled him and his lack of cover. If u phone him you will just start things rolling again, IMHO.

Turbo_Steve

I've got a legacy too....what year is yours? I rear ended someone the other day and bent the aircon and chargecooler rads....though the front of the car appears (mostly fine). Mines an MY93. I suggest you check yours out!!!!!!!! If they are bendied, don't worry, give me a call and we'll get it all sorted out uber uber cheap for you.

I LOVE legacies (my legacy turbo is still one of the best overall cars I have ever owned....and that includes the STi I had before it!!! ) cos with a few mods they are fast, practical, economical(ish) , stealthy and surprisingly well built.

You in the Midlands? Fancy meeting up?

Aaquil

I've checked it and it looks okay but thanks for the info on that. Mine is a 92 but doesn't have aircon. Is your one an import? My Legacy is also an estate...what mods have you done on yours. I am based in the Northwest...I think you'd probably be a bit disappointed if you saw mine anyway...its nothing fancy.

Aaquil

Anymore input guys?

talizman

iTrader: (1)

I don't think you'll get much more input Aaquil without some "output"

vulnax999

iTrader: (7)

If he's got no insurance Sue The *** off him, and report to the police!

talizman

iTrader: (1)

What can you sue him with?????

If the third party were at fault and Aaquil had lost earnings, had personal injuries etc etc then yes, he could be sued, but you cannot sue him if he is not at fault.

It was Aaquil's fault the accident occurred.

The best that can happen is that he is prosecuted for driving without any insurance, for which he'll get a fine and quite a few points.

He may even be a disqualified driver.

Scooby-Doo

Could you sue based on the fact that with no insurance and possibly other offenses he should not have been on the road and if he wasn't on the road the accident would not have happened and the Scoob would not have been damaged therefor sue

talizman

iTrader: (1)

In a word, no. (to the best of my knowledge anyway)

It is up to the Crown to punish him for being on the road with no insurance.

You cannot sue him for not having insurance also, as that would be "two bites of the cherry".

If he were at fault however, then you could competently sue him for losses incurred, which is what actually happens after every bump where your legal cover pursue the at-fault party's insurers for losses. This is technically them being sued althought he term isn't used that often.

What normally happens with uninsured drivers is, they are first charged and dealt with by the CPS/PF. The other party, if not at fault, can then re-coup their losses through the uninsured drivers bureau, which is in place to cover the losses incurred due to uninsured drivers being on the road.

I do stand to be corrected on this one as I am not fully versed in civil law, however this is my understanding of it.

vulnax999

iTrader: (7)

There are criminal and civil laws / courts. Criminal law is for punishment, civil law is for redress / compensation ( putting it very simply ).

To claim compensation ( sue for damages ) a fault has to be proven and a loss sustained by the claimant.

Aaquil has sustained a loss. No argument.
Was the other driver at fault? Let's see what he could be at fault of :
If the driver was negligent in his roadcraft, or defaulted on any other statutory requirement to drive on the queens highway ( No insurance / no MOT / unroadworthy vehice / no valid licence / under the influence of drink or drugs / driving without permission / driving as to cause other road users concern / dangerous driving / without due care etc. etc. )
then likely a good chance of a claim for losses.

Of course, if the other driver is fine with all these things it gets a bit more grey as then need to prove the other driver was negligent in approaching / entering the junction and suddenly stopping ... without concern for other road users. { either misjudged the junction / other vehicles speed, intended to chance it, or not paying attention}


"two bites of the cherry" is permissable in court, as seen in say O.J.Simpson where the accused got off with criminal charges for murder but lost the civil claim for losses. Same can apply here but less often.

I'm not a lawyer or motor insurance specialist but do deal a bit in negligence / claims at work.

vulnax999

iTrader: (7)

Actually, go see the citizens advice bureau for free legal advice and if what I posted applies to this situation.

WR1 Wannabe

If he shouldn't have been there, then he contributed to the accident...

On the other hand, I think suing him is going a bit far.

It's probably 50-50 at best - I doubt a jury would award damages under the circumstances...

talizman

iTrader: (1)

If Aaquil can walk away from this with his insurance, and ncd intact, then he should think himself lucky.

vulnax999

iTrader: (7)

Agreed.

All depends on how legal the other driver was.

In motor insurance terms, as you said earlier, it's always the one at the rear who is at fault, for driving too close / too fast / not watching the car in front!