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Hit by another car, what to do?

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Old 16 September 2008, 12:51 AM
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pgudge
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Default Hit by another car, what to do?

Hi all,

Today I was hit by another car, after looking in mirrors and manuvering into the right lane (two lanes off of a round about) another car came round the round about very fast, into the second lane and collided with me, hitting the right wing. I never saw him on the round about, and I had no way of getting out of his way. I don't think he could of stopped either with the speed.

We did the usual stuff and swapped details, whilst being asked "Why didn't you look in your mirrors", I just replied that I did, and he wasn't there when I manuvered. The damage to his car looked minimal, in fact I was a little pee'd I came off worse, but I suppose some has to. By the looks there was no dints, just scuffs and his wing mirror was broke. However My wing in badly dinted, alloy scratched and bumped scuffed (should wipe clean).

I tried to call APlan tonight to report it but they close at 5.30pm. About 8pm the guy rang me to see if I'd already called my insurance company, when I said no he asked if I would be interested in fixing this away from the insurance. The Police were there today, they were coming the other way but didn't see anything. They confirmed we both had valid insurance for the vehicles involved.

The guy seemed very nervous and stuttery, but he was taking to a stranger! He told me he was due a service and would get the car checked and chasis checked to make sure all is ok, and that he'd be happy to deal with his side of thinks. He claims to have been thinking about me with a Subaru and group 19 insurance, I thanked him, but then explained I wasn't willing to pay for repairs on my car after someone ran into me! and unless he was happy to pay for my repairs I would have to go through insurance company.

He just said he was not willing to admit it was his fault and that we'll have to go through the insurance company.

I'm obviously going to inform them first thing as that's in the terms and conditions of the cover. But a friend told me that I may be able to get it fixed for less than the excess on my policy (I think mines £200). I know I said I wasn't willing to pay, but if this is going to save a lot of hassle and not having to prove that this guy was in the wrong, is that a better option. And if they turn round and blame it on me, what will happen then! I have NEVER rung an insurance company for anything other than to renew a policy, I don't know what the options are.

And my beautiful MY99 has a big dint in the wing

Thanks for any info.
Old 16 September 2008, 10:40 AM
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Ryo
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Thats a tough pne. Sorry to hear.

I had a similar one last summer. Some loon in a punto (rhymes well) hit me on a roundabout.

It all went through insurance which was ok, until I got the car "fixed" poorly. Got arsed off with the whole thing so bought my own replacement bumper (thanks SwissTony!) and rear bumper carrier, got the fix fixed properly at my own expense anyway.

Hope you get it all sorted.
Old 16 September 2008, 11:00 AM
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fivetide
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Reading this you pulled into his lane. Looking or not you made the move. However, he may have well been going too quick.

chances are, without witnesses insurance will go 50/50 on the blame so you'll have a part claim against you. Might be worth just seeing if he's happy to sort is and you sort yours. No idea what your excess is but if it just a dented wing it should work out cheaper.

5t.
Old 16 September 2008, 11:11 AM
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Lady T
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If it results in a dispute, then you're pretty much shafted!

I had an accident in april 2007 and it took 9months to resolve my dispute!!!

I had to contact the police officer who came to the scene to obtain a police report (£96) to try to prove my innocence, even then the insurance company did everthing they could to deny it! You have to look at it from an insurers point of view and see how they would work out who's fault it is.

If you know you are in the right and can prove it then go through insurance, I just hope that the insurance company is better then who I had to deal with.

Good luck with it anyway
Old 16 September 2008, 11:46 AM
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Ryo
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I forgot to mention that the guy hit me from behind, didnt stop in time. So was 100% his fault. He contested it which took a good few weeks to sort.

Sounds like yours is more complex in terms of who was at fault, but if its just a wing and a bumper scuff I would be tempted to get it done myself.
Old 16 September 2008, 11:51 AM
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Jamescsti
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Agreed as above, at best the insurance company will say 50/50, but as you were moving into his lane, he had right of way, and you will never prove he was using excessive speed, they might even find in his favour.
I would suggest you pay for your own repairs
Old 16 September 2008, 01:12 PM
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Julio Jordio
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I have had a similar experience.

Speed will not be held against the other party unless you have a qualified driver or police as witness to the actual accident. Its far to hard to prove, and they will probably suggest that as he was travelling around a roundabout he couldnt have been generating enough speed to cause the accident?

I know the above as my Type R was written off when a car turned into my lane on a NSL road, and i had nowhere to go except collide into the side. The other party cited that they didnt see me due to my excessive speed. This did not stand up in court, and I won full costs payed.
Old 16 September 2008, 02:03 PM
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chocolate_o_brian
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Reading this, and seeing it was you who made the manouvere, I would look into seeing how much it would be to repair your car yourself. A second hand wing is cheap enough, £30-40, and spraying won't be a lot either, £100? Fitting is easy enough, just a case of whether there is any underlying damage.

If the guy seemed stutterish, he could be nervous if something on his policy is invalid - worth looking into?

It a tough one really, unless it can be proved it's his fault, which seems to be a bugger here...

Only experiences I can give were in my old Scoob. within 4 days I had 2 a bump and a collision (wasn't my week).

First one, I reversed into some stupid woman taxi driver who was parked illegally. Was my fault as I made the contact, but the sneaky bitch moved her car while I rang the powleece. That ended up with me 6 months later paying my insurers for the costs... £300 proper fleeced, but I did get a years ncb - all legit too. damage to my car was a scratch on rear bumper, and the interal support beam was bent a little. Her car?? One scratch on rear quarter. (For the record she did have a nasty blowout the next time she was down my street - karma perhaps, or an aptly positioned nail? Who knows

Second one was a guy who I used to work with. Pulled out of a t'juntion right into my drivers wing/front door. No chassis damage etc, same as you, just needed new wing/door and all commetic spraying etc. He didn't have a chance, and didn't try his luck. The very next day I got a letter from his insurers saying they accepted liability, and within two weeks, they offered me £1000 not to take them to court for injuries which I didn't even submit

Seems his brakes were faulty and illegal and a couple other misdemeanours i found out about a few months later via word of mouth. If the bobbies had have turned up to this one, he would have lost his licence, out it that way - car was in a real bad way pre-accident

Goodluck anyways fella, speaking to insurance companies is easy enough, just be thorough and offer to send illustrations etc. to prove your points/explain. Did you get any pictures or witnesses?
Old 16 September 2008, 02:36 PM
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thesyn
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If you can fix it for less than your excess I would save yourself the grief of dealing with the insurance industry and the risk of this remaining unresolved for months ( at renewal time maybe you find a cheaper quote but still have this hanging over you ).
Accept it as just one of those things, drive even more defensively in future and always expect the unexpected.
Might be worth phoning him back tonight and seeing if he is up for contributing to your repairs, once you have told your insurance company that an accident has occurred you set the machinary in motion and there is no going back.
Good luck
Old 16 September 2008, 04:12 PM
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I had the same about 5 years ago but I was in the other cars position.

I was on the round about, a car came onto the roundabout a junction after me using the wrong lane, They collided into my rear passenger door when I attempted to leave the roundabout.

This took nearly 18 months to come to a conclusion, The result from the solicitor "it was my fault and I should of taken evasive action and gone around the roundabout again"!!!

So you're in the clear, the other guy is in the wrong.
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