BigStu

** Without Prejudice **

Without the presence of an independent witness, you stand a pretty good chance of making a full recovery. At the end of the day, the care behind has to maintain a safe braking distance. The onus is upon the car behind to prove that you allegedly just pulled in and braked.

If you don't want to involve your own insurers, then get on the phone to Helphire (uk) ltd. Tel: 01225 304909. If they feel that you have a good case (omit the part that you had just over taken the third party. They only need to know that you were slowing down/stationary at the junction when the other party failed to stop), they will provide you with free alternative vehicle and instruct a solicitor to fight your case.

jasonius

iTrader: (1)

Correct me if I'm wrong but you're all assuming the scoob driver stopped at a 'T' junction (some even invented a set of red lights FFS).

What about if the junction was infact a right hand (or L/H) turn and the scoob driver blatted past this 205 pulls in, then jumps on the brakes to make the turn. Now who's fault would it be..?

As said most of you 'know' the 205 drivers to blame, yet your've only read what you want of one half of the story.

The distance/time between the overtake and braking are the key issues and this we don't/won't know..!

If you ask me, unless you have any witnesses, the best you'll get out of this is 50/50..!

Good ole' SN..!

jasonius

iTrader: (1)

Doh..! must type faster..!

ewanrw

The woman that caused my accident said I was speeding because I was overtaking her. She lied for nearly 2 years until I could prove that I was not speeding. She said the accident happened over a certain distance and I could prove it happened over double the distance she claimed.

She got fecked in the end and cost her insurance company in excess of £50k after legal proceedings and compo etc.

Theres no point lying as it catches up with you, bumps up the cost of the claim, and you have to declare you've had a fault/personal injury claim that cost loads of money and good luck getting insurance for the next 5 years.

IMO grow up, own up and it'll save everyone alot of time, effort and money and if the other party is lying, fight it. You will win.

Allan

iTrader: (1)

That's all fine unless your on the receiving end. I had an accident once, which was clearly not my fault, the guy admitted liability which his insurance company quickly withdrew. As I didn't have a witness, I was basically stuffed. Once I started threatening legal action, order was restored and he took the blame.

I don't have a problem admitting something is my fault, and I wouldn't expect an innocent party to loose their no claims if they were not to blame.

In future I would always get a witness if possible.

Allan

p1doc

when i drive my second car the no of people who overtake me then put indicator on for next junction making me then overtake them or having to slam brakes on-people are too impatient nowadays
martin

stann01

ok firstly sorry its taken so long to reply
secondly i`m 35 and no longer a boy racer
thirdly i did not have to overtake 205 driver but i did and that is my choice.
by the time i had pulled in from taking him i had about 1/3 of a mile to the junction.
i had plenty of time to stop and did so, was going to pull out but oncoming car stopped me!! from doing this (did think shall i go for it that thought process took what 5 seconds ) as i ended that thought BANG!!

Anyhow car is now at the repair place awaiting instructions from insurance co, and they said dont worry about his insurance coz they are going to pay whatever coz if you go up somebody`s jacksy when they are stopped at a halt sign end of story they gonna pay so i`m happy now..........................

chrisola

you would expect a competent driver to be fully aware theres a junction ahead, so when mr scooby flies past, he thinks 'ahh yes junction up ahead, hes going to have to stop soon..' and reacts accordingly...not blam into the back of the stationary car!

well thats how i learnt to drive, by being aware of my surroundings and always planning ahead.. then again i'm a youngish ex saxo driver turned scooby owner so what do i know!

Main thing is no-one was injured... metal can be repaired or replaced, your health is a bit trickier to sort once damaged :P

TREG

Garys named that tune in one.
In order to go fast,its an advantage to stop fast!!

MY93WRX

I take claims for Norwich union and we findpeople have some strange misconceptions, and this thread just further proves the point. The NU way is A) Yes don't admit fault but even if you do it makes no differance. The insurance company decides if it will accept liability based on the circumstances of the incident and the highway code not what was said at the road side and there are many good reasons for this. B) If someone hits you in the rear then they are at fault, the amount of rear end shunts we have when people say the car infront stopped too quickley, highway code states you should keep sufiicnt distance to allow your self to stop should the car infront do an emegency stop. The only possible exception is if for example someone cuts in front and bang the brakes on and you can prove beyond reasonable doubt this happened ie Video footage or Police evidence then you may have a chance. C) The other car was going to fast, NU answer Prove it ie calibrated speed gun/video evindence/police evidence, or in the case of pulling out of a junction and collidng with a car who is alleged to be speeding - NU answer You are still the negligent party as you pulled out into the cars path you should have seen the car realised he was traveling at excesive speed and waited.

RR

If i see a car overtaking me i normally come off the gas for a second or two to make it as safe as possible for them and it also makes it easier to restore a safe gap between us. I reckon he saw his **** and decided to try and push on but when you went to the brakes his knackered old 205's brakes were not upto the job. Get him shafted.

EVOLUTION

im sorry but if the 205 driver slammed into the back of a car at a junction, what in hells chance did he have in stopping in the 10 ft where the scooby was???? none by the sounds of it


the guy was clearly driving beyond his and or his cars capabilities was he not???


rear end someone at a give way or a stop junction and 99 times out of 100, its going to be your own fault.

Barry Scott

Unless he has evidence or a witness to say that you were speeding and cut in without leaving enough space, you should be able to make a full recovery.

When someone says they were at fault at the side of the road, it usually does change once they have had time to think about it. It is disgusting as the dispute over liability can make settlement take longer and therefore increase the claim costs.

If someone says they are at fault, get them to write it down. Make use of a camera or phone camera if available to take lots of pictures, you can never have too much evidence. Also try and get a witness to stop (unfortunately not too easy these days) and get their details.


The police will normally only show up if there is an injury or a crime has been comitted. Remember, if someone hits you then there is usually a chance they can be convicted of careless driving, everytime I have heard of someone hitting a police car, they always get prosecuted for careless driving.

EVOLUTION

yeah, thats because its worse if you hit a police car, its not allowed, i thought everyone knew that lol


john

Stephb1986

did the police attend and take a roadside statement?? if they did your ok as its evidence
the same thing has happened to me, im still waiting for it to go to court. has your car been wrote off or are you getting it fixed?
atleast your ok

N*UFO

I bet you woke up this morning with a sore neck......... well you should have done, Well worth 2-3K in damages

EVOLUTION

just the kind of person that really pisses me off.....



Do you know that a false claim equates to theft......

N*UFO

LOL

EVOLUTION

glad you think its funny.


LOL

just the kind of response i would expect from a person who thinks its ok to steal.


Are you a free loading bum as well by anychance

Stephb1986

he probably has a sore neck i hit another car doing 40 i had a fractured knee and 3 ribs whiplash and i also have tinitus so do i not deserve compensation??
after she had only been driving 2 months ive been driving nearly 2 years and she pulled out on me, admitted liability to the police and then has been denying it for the last 4 months her insurance company has sold my car when she's still saying its my fault, ive not been paid for it so in affect my car has been stolen im gonna take her to the cleaners she deserves it

N*UFO

That would be telling!

Barry Scott

Fraudulent injury claims are of course no laughing matter, however, you would be suprised at the extent of injury you can receive even from a low speed accident. I can vouch for this first hand.

EVOLUTION

you couldnt tell me much i dont already know mate lol


lets face it, if i need more money, i earn it, not steal it


thats one of the lessons that was in my upbringing anyway

StudentScooby

cough **whiplash £3000 new mods** cough

EVOLUTION

i wouldnt be supprised mate, i know first had.

I was in a very nasty accident in 2002, where im sure looking at events of today, Today i mean recent times, i would have been able to claim a substantial amount of money. I had a bad case of whiplash, and i could have claimed, but its only us and other people who pay insurance that pay for it at the end of the day.


We now have it the american way, SOMEONE ELSE IS TO BLAME< HOW MUCH MONEY CAN I TAKE THEM FOR.....

Stephen Pope

The Peugeot must have been mangled! Hopefuly it was not a GTI.

N*UFO

Just to tidy this up mr EVO...... I was a passenger in a car that had a low speed head on on a silge track country road, The wife was driving her car and we were hit buy a "boy racer" in an escort ,she had pulled over to the side but he was carrying too much speed and locked up into us.......
My wife did have a shoulder injury and rightly so got a very nice settlement from his insurance, how ever at the time i was not injured....
I was then hounded by legal types to persue a claim, when i said i was not injured they said well go and see our doctor anyway, to cut a long story short, posh private hospital, free drinks,promt and very pleasent service...and a doctor trying to find something wrong with me!
He did in the end conclude that i had soft flesh wounds(a bruse from the seat belt) resulting from the head on..... and they settled out of court for......
£1600,
Just my story............................................. ...
If it's someone elses fault take the cu*ts for every penny!



And FAO EVO i earn 40k a year and work ******* hard for it, but something for nothing is a bonus ,when you have the law on your side....

QuattroMNC

Best Advice i can give is to collect a dated + signed statement from the other driver stating that they're at fault as a result of a driving error on their behalf. Do this at the scene and get another witness to sign it even if it's your passenger
The driver then cannot retract this type of statement as a handwriting match will soon prove they wrote it and signed it.

Just be careful not to force this as they could say they wrote it because they were feeling intimidated. The witness signature will help against this tho.

ewanrw

When I had my accident, I was "told" to claim for everything I could. And there was a fair bit.

settled for £35k.

Mikey Ace

iTrader: (1)

wot he said...

you shoul dbe fine. You shoudl always report the crash to the cops, but they only generally take an interest if there has been and injury/death or if the road is blocked/damaged as a result, then they swing into 'action' to help out.

but you should be fine.

good luck with it.

Mikey.