As some of you may know from previous posts my Scoob was involved in an accident last month. I was following a bloke out of the village were my Girlfriend lives on my way home. As we came up to the crossroads he pulled off into the left hand turning lane and stopped. I continued going straight on and as I got almost along side him (I didnt overtake as he wasnt on the road) he suddenly decided he was going to turn right and pulled out in front of me. Bassically no car is going to stop from 50 to 0 in about 10 metres so I hit his car. My Scoob ended up wrapped round a give way sign while his car just had light front end damage. Anyway when I got out of the car the bloke appolgised to me and said he didnt even know I was behind him (I'd been following him for about 1 mile). He told the Police that he was lost, he pulled out without signalling and that he didnt check his mirrors. The officer on the scene told me that from the statements it wasnt my fault and that not to worry about the claim. A bloke who was cleaning windows at a house 30 metres away also saw the crash and came over to give his name to me as a witness and said that the third party was at fault. It now transpires that after weeks of wrangling with the insurance compaines (During which time I have had no car) that the third party has changed his story to say that he just took a wide turn at the junction, he signalled and that I over took him (Which is bull****). My insurnace company now say that it doesnt look good and it looks like Im going to get the blame for the accident. If this happens I will loose all my NCB (Of which I have nearly 5 years) and will not be able to afford to insure my Scooby. It pains me as Ive only driven the car for 8 weeks! and that someone can come along and lie and get away with it!. My insurance company dont seem interested in the police report so Im getting a copy for myself to see if it can help my case. Any advice on this matter would be greatly appreciated and Im sorry its such a long post!

Cheers

Graham

 

Good Luck mate, I know how much insurance costs. I would take some legal advice if I was you... As I think they have to look at the police report from what I can remember.

Nate

 

Thanks mate, Im gonna make an appointment to see a Solicitor tomorrow

 

I don't know if you can do it, but I'd get down to the police station and try to get him done for dangerous driving or driving without due care and attention. Given his previous statement & your 3rd party witness I can't see how he would not get done, and I assume the insurance company would be obliged to go along with the police findings if he is prosecuted.

Hope you get it sorted.

 

Hi Mate - the insurance company is obliged to look at the police report and to take this into consideration wqhen assessing the situation. Tell them that you're considering litigating against them if they fail to follow their correct procedures. After all, why is there are requirement in most insurance small print for the insured to inform the police of accidents?

The insurance company is not doing its job properly if it automatically regards you as responsible, on the basis of the other driver's altered statement. I'm surprised to hear of an insurer that actually wants to give money away. My belief was that they would do just about anything to shift that blame and responsibility onto the third party....

Best of luck - never like to hear of anyone potentially deprived of their Scoob.

 

Hope it don't come to this, but if you make a claim and you have 5 years you don't loose all of them do you? I thought they knocked you back 2 years, giving you 3.

Have you asked them if you loose all 5 in the event of a claim?

 

I had 5 years when I killed my escort cosworth, it was my fault and they payed out 18,000 4 years ago. I lost only 3 years NCB, so was only left with 2 years. I have never heard of them taking all of it away.. I would check the small print on your Policy.

Keep us posted on the out come mate.

Nate

 

Thanks for your advice folks, I dont yet have 5 yrs NCB thats due when my policy is renewed in August. Fingers crossed it will be sorted, just a shame if it goes **** up cos Im only 6 months away from being able to protect my NCB. Ive rung the Police Station and Im hopefully getting the Police report sent in the post. I will keep you updated on events

Cheers

Graham

 

If you end up going to court, you should accept and take the police report with you and show it to the magistrate, they are human after all and will take notice, it happened to me...
Tim.

 

for advice talk to the MIB motor insurers bureau on 01908830001

garry

 

Hope it goes well for you Graham.....If you need any help from me let me know....the other advice in this thread is spot on though!

 

graham
Don't wait/trust your ins co if you think you have a strong case
take a civil case against the thirth party.This will put your ins co on hold and stop them paying out! summons the police officer to court and your witness.
I speak from experience.

good luck john

[Edited by lego - 3/1/2002 1:39:07 AM]

 

I'm surprised that your insurance company doesn't seem interested in the police report - it's in their interests to be able to recover the cost of repairing your car from the other party. Do you have legal expenses cover included with your policy? Use it!

Given that you have the police report and an independent witness, it's not just a case of your word against his. I think you've done the right thing by contacting a solicitor.

Don't forget that, even if you're not found to be at fault and don't lose your NCB, your premiums are still likely to be loaded for the next 3 years or so. If you pursue the other party through the courts, you might try to recover something towards this additional cost as well as any other losses (insurance excess, legal bills etc). It's called 'uninsured loss recovery' and you may already have cover for the cost of this with your car policy.

I was involved in a minor bump a few years ago - I was at the head of a line of traffic following a bus along a single track road, when the bus driver decided to stop and reverse to allow a car coming the other way to pass. I had absolutely nowhere to go and my car was hit. There was no doubt about who was at fault, and all the insurance claims were sorted out OK, but I'm sure I'm still paying over the odds for insurance. With hindsight, I wish I'd got the police involved and claimed for my uninsured losses, but then again I wasn't driving a Scooby at the time and my insurance was a fraction of what it is now

Good luck!

Andy.

 

Don't faff about.

If your case is as solid as you indicate just take out civil proceedings for recovery of all costs - repair of vehicle, solicitor's costs, hire of car while yours is off the road and so on

JD

 

Sorry to hear this mate... hope it all gets sorted out!

 

Sounds like the other guys ins cpy has got him to change his account of what happened like they normally do so less chance they have to pay out. If you have an independent witness then I cant see what chance he has.

Also the damage points on his and your cars should be a good source of info - if his car has front side damage then it shows that you were nearly level with him before he swiped you. If however you ploughed straight into the back of him it will be a little harder to prove.

 

Have you tried to track down Clarence the window cleaner to get a witness statement?
Knocking on doors should get a phone number.

 

I had a similar accident in '88.

In countryside, came into a town. Nice wide road. Turning up ahead on the right.

Car in front indicated left, slowed and stopped. I went to overtake. He pulled out and turned right! Right in front of me. I caved in his offside backdoor and door pillar.

He was fine and as he lived nearby and could see my then girlfriend was in shock he even invited us to his house for tea/coffee. Admitted it was his fault, but he was OK.

Anyway. No witnesses.

Two weeks later I hear he is blaming me, for overtaking him when he was turning right. Also his back is almost crippled.

Courtesy of my insurance he got his car repaired and £18K for personal injury!!

Call on your witness and police report asap!

 

Thanks for all your help. Just to let you know that I spoke to my Solicitor today, he said that there were 2 ways of going about my claim. I explained to him what had happened and he told me that from what I told him I have a solid case. He suggested to write to my insurance company (Instead of phoning them) becuase then I will have letters to refer to and they have cant deny letters as easily as they can deny speaking to me on the phone. The witness's Dad cleans the windows at my house and so I have his phone number, my insurance company told me that the third party could discredit him as I loosely know his Dad. My solicitor tells me that this is bull**** and that my case would stand up in court. I wrote to the Police yesterday asking for the report and so hopefully I will get this soon, I have to go through Data Protection whatever that is. My Solicitor told me that the insurance company are just looking for an easy way out of the case and that if my case was to go to court I would most likely win. I dont know if I lost it would mean the end of all my NCB (I have 4 1/2 yrs), if so this would mean the end of the Scooby as I would never be able to insure an STi with no no clamis!. Ive written to the insurance company stressing that Im not happy with their attitude towards the claim and Im going to ring them next week and stress my points. Im not to sure wether to take the civil court action way but if it is the best way to prevent my loosing my NCB then I will explore that avenue. If the third party has changed his story from what he siad to the Police, under caution, then surely this discredits him. My insurance company did, however tell me that the damage on my car didnt corespond with the third partys storey and that it should have had more off side damage then what it does have. Thanks again everyone and I will keep you informed on events.

Graham

 

Good luck Graham - let us know how u get on!

 

Good Luck, Is the solicitor says you have a solid case then I would go for it. As it is about time someone give the Insurance Companys a tast of what they give us..

 

Good luck Graham - Don't forget, insurance companies were born to try and avoid paying out....

 

Just checked my policy and I do have motor legal expenses cover. As Im not really clued up on this what does this entitled me to?

 

if you have legal cover then they will fight it for you as they are independant of your insurance company. Worth talking to them as you have payed the money. if you are not happy with you insurance company you can always try these guys.

http://www.financial-ombudsman.org.uk/about/index.html


cheers

chrisp



[Edited by chrisp - 2/28/2002 8:46:14 PM]

 

I have been talking to a friend who knows about this stuff and he says the following :

You want to use the Insurance companys own Solicitors eg "Your Legal Cover" against them, as you bought legal cover when you got the insurance, so phone your insurance company up and ask for their information eg: address and phone number. He said he did it against his own insurance company, and they did not like it. Think about it, they are paying your solicitor fee's so you can take them to court over it. I think they will try and sort it out very quick if you start that.