Gary Foster

I've had a bad week.

Got a Fixed Penalty Notice on thursday (94 in a 70) and accepted the £40 fine (is that 3 points as well ? that'd be 8 then )

Tried to phone my insurance broker on Sat but he was shut so I couldn't inform him

Then last night this happened,

Driving in a 30 single lane towards a roundabout, indicating right. There was a car right on my @rse obviously trying to race me (I'd overtaken him on a dual carriageway about 5 mins earlier and he was on my **** since then), I was travelling briskly but keeping below the speedlimit, me worrying he was going to crash into me if I braked to hard or something.

The temptation to just floor it and lose the idiot was overwhelming but I was being (fairly) sensible.

Turned onto the roundabout to go right and heard a loud bang, looked left and the Sierra estate was bouncing of my passenger wing he ended up going up on the pavement, accelerating hard. I cancelled the right turn and followed him down the road flashing him to stop but he carried on.

Eventually he stopped with a flat tyre. As we (not on my own thank god) stopped and fiddled around for notebooks and pens etc, he got out of his car collected his kid and wandered off. I asked him to stop as I needed his details but he didn't. Didn't want to chase him etc as it could turn nasty so we dialled 999 on a mobile.

Police turned up and sped of looking for him (2 or 3 cars in all) as this was going on a woman (his wife) turned up collected some stuff from his car and legged it of as well.

Thankfully the police caught him as we took his wifes license no (his car wasn't registered) and she dobbed him in. Turns out he was just over the limit.

My problem is, apart from my passengers, theres no witnesses, and looking at the damage to the cars alone you couldn't tell whose fault it was (in fact as it's my front wing it looks like I tried to overtake him and rammed him of the road).

What I need to know is, will he be at fault, and if so will his insurance (if he has some) re-imburse my insurance co ?

If not, I'll lose my no claims and face trying to insure an Impreza with 8 points on my license at age 25 (quote with only 5 points was about 3.4K).

Have I got any hope at all ? Is it goodbye Impreza time and hello Nissan micra ?

Any advice appreciated.

Gary Foster

Oh yeah, the other thing I need to know is, as I haven't (still can't) informed my insurance company of the extra points, is my insurance even valid ?

Gary

ChrisB

Sorry to hear that Gary.

I guess if the insurance company is shut then there isn't a lot you can do - could you fax them today or post a note through their letterbox so they have the details when they open on Monday?

Cheers,

Chris.

Stuart H

Not a good week

Without seeing the two vehicles and the road layout etc, its really difficult to say how it would be viewed, althouth the fact that he was DIC (I assume thats what you mean by 'over the limit') and also failed to stop amongst other things will go in your favour.

I would say that the responsibility lies at his door because he has hit your vehicle from the rear. The best thing to do is speak to the Officer in the Case. He will be happy to advise you further.

(BTW, with a roadside FPN it is 3 points)

DocJock

Sorry mate. If he was driving an unregistered car he ain't got valid insurance. Or do you he had no number plate displayed ? Personally I'd still be doubtful re insurance, if he's prepared to drive around under the influence , with no plates and his own kid in the car.

Hope I'm wrong

DJ

Gary Foster

ChrisB

Thanks thats a good idea, I think I'll do that. I could have (Thursday / Friday) told the insurance company but as I was away on holiday I thought it could wait till after I got back. Now wishing I hadn't waited.

StuartH

I was hoping you'd see this. Yes DIC, the Officer in charge was relaying events as they happened over his radio (and translating). Very nice chap (as was the guy who caught me speeding actually), last thing I heard was when he came back to take photos and take our statements. At that point the guy had admitted driving but not admitted blame.

I've no doubt it was his fault (undertaking on a single lane roundabout) but as we started to draw the picture's on the statement the thing we realised was how easily it could look like I drove into him.

All he would have to say was that he was in front of me as all the damage to my car is on the front his is on his drivers door.

I think I'm going to have to wait and see. I'll talk to the officer in charge and see if anything new has happened.

DocJock

He had plates, but not registered the car in his name. The Officer in charge said something about, as he was DIC then there is a special fund set up to pay out to me if he hasn't got insurance. I assume this means he wasn't insured.

Thanks for all the comments guys

Gary

RonaldoH

Get his address Gary.

Then we send the boys round'

Its a pain in the backside mate but you did all you could, it looks easily in your favour. The CPS will take him to the cleaners...Take it you have un-insured loss' cover on your insurance?

Ron

JasonHook

Gary
I think if he was over the blood alcohol limit his insurance is invalid. I understand that insurance companies contribute to a fund to cover accident victims uninsured losses. I don't know how good a scheme it is.
Jason

Mr555

Blinking flip, Gary, what a mess. I'm sure other regulars will join me in wishing you best of luck in sorting it out.

Rum*

Gary,

Give me a call tomorrow if you need the insurance side of things.

regarding your latest little conviction I would suggest that it will NOT be a problem.

Any such loading of premiums etc for a conviction or claim during a policy period will take effect at renewal, either on your existing policy or when you change to a new company.

re the Third Parties (TP)insurance cover - if cover was in place on his/her vehicle at the time of the incident I believe that his insurers will pay the cost of repairs subject to them accepting neglegance - i.e. presuming you are Comprehensively insured, pursue a claim via your own company and let them recover the costs direct from the TP insurers. You will however have to recover your uninsured losses - i.e. policy excess, hire car (if required) etc.

The above only applies if you need the matter sorting asap. If you can wait a wee while and pursue (or get your broker to pursue) the TP Insurer directly, you might be able to recover all costs in full without involving your own company.

Please note however you still need to advise your company that there has been an incident - even tho they have not paid any costs.

Blah blah blah...sorry I'm, ranting on...

Basically if yuo want to discuss give me a call tomorrow - Monday - on 0113 250 0377

Cheers

Rum (Tom)

Gary Foster

Again, cheers for all the comments guys, It is sorely needed.

To cap the whole thing off, I had a claim on my previous insurance (my fault) which I was hoping to pay myself and recover my NCB. The company I changed to gave me the NCB discount and three months too recover the NCB from the previous insurer, guess what - the time runs out next Saturday and the previous insurer hasn't had the claim in. In effect I now have 0 NCB so my current insurer will be asking me for the extra 2.2K in addition to this **** up.

I should have said bad year really, I've only had the Impreza for three months

Tom

Cheers for the info, I thought you only covered P1's ? anyhow I think it's very likely I'll be talking to you tommorrow, thanks very much for the offer - it is appreciated believe me.

Gary

Jacko

Bummer! Good luck on sorting this lot out. Makes me feel sick just thinking about it!
People no longer have respect...for anything!
Lets hope justice is served here.......

Robertio

iTrader: (1)

Just a note but if you were in the right hand lane then the blame should land on his door as you must give way to traffic coming from your right. Was in a car where this almost happened a couple of years ago, thankfully the car that was in the wrong lane just missed the passenger side of the car (I was quite glad of this as this is where I was sitting) at the police station the guy was told that as we were to his right we had right of way.

Good luck though.