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I was travelling through an industrial estate yesterday and had a crash.
I was driving up a road there was an entrance to a company coming up and this car pulled out in front of me so I let off the throttle. She proceeded to drive very slowly and close to the curb so I assumed she was going to pull in. So I went to overtake (it’s renown for people pulling up and setting off) as I was getting past she turned right so I hit her. I didn’t see if she indicated but know I wouldn’t have if she had, she claimed she did a short while later. I got out, made sure she was ok and she was already on her phone, now thinking back with how she was driving I think this was the case.
Then she said would I like to sort this outside of insurance. My car will be a write-off (£250 Seat Arosa bought a month a go). Hers will be a few grand easily.
Thoughts???
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Surely its a cut n dried case? If the impact where you hit her was forward of the B pillar, it's her fault. Behind the B pillar and it's yours?
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96 E320 W210 Wafter - on 18" split Mono's - Sold :-( 10 Kia Ceed Sportwagon - Our new daily 03 Import Forester STi - Sold 98 W140 CL500 AMG - Brutal weekend bruiser! Sold :-( 99 E240 S210 Barge - Now sold 02 Accord 2.0SE - wife's old daily - gone in PX 88 P100 2.9efi Custom - Sold
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Police not involved then? Sting her for whatever you can get. If she doesn't want to go down the insurance path she either knows she's in the wrong or she's hiding something else. The good side to not claiming on insurance of course is that you get to keep the wreck.
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If they want to sort outside of insurance ask for £500 cash to use to get a replacement car but log all details of accident / car / their contact details just in case.
If you did go through insurance you wouldn't get any more if you did win and you'd be in limbo while it was being sorted out.
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In my experience, they say settle out of insurance and then inform their insurance a few days / weeks later and you look bad for not reporting it at the time. One instance with me, and 2 with relatives. The other 2 both were settled 50/50 despite it being blatantly the other persons doing. Makes me wonder if the 'failure to report the incident' went against them.
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If they want to sort outside of insurance ask for £500 cash to use to get a replacement car but log all details of accident / car / their contact details just in case. If you did go through insurance you wouldn't get any more if you did win and you'd be in limbo while it was being sorted out. That's what I'd do.
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Surely its a cut n dried case? If the impact where you hit her was forward of the B pillar, it's her fault. Behind the B pillar and it's yours?
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I'd say she was probably on the phone when she was driving. I'd ask for the cash, or her insurance details so that you can send them your dashcam footage
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LowStandards
Club Retro Rides Member
Bigging Up The Sum Sum Man Since '99
Posts: 2,638
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How have people not got dashcams in this day and age?
You can get them for £20 or so
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iirc if you are turning right, its up to you to make sure its safe to turn. obviously she didnt check her mirrors well enough or else she would have seen you. If she was slowing and over to the left theres no suggestion that she was preparing to turn either. Also she made you slow down , which could suggest she wasnt observing properly when she pulled out.Had she seen you she 'possibly' should have waited for you to pass and pull out in a clear spot.
imho, she assumed the road was clear pulled out and flung a right turn without any observation. if it was me i'd argue the toss over fault.
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That'll end up as a 50/50 I reckon - unless you can convince her otherwise which I doubt. (Try the old, I have evidence that you were on the phone?)
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96 E320 W210 Wafter - on 18" split Mono's - Sold :-( 10 Kia Ceed Sportwagon - Our new daily 03 Import Forester STi - Sold 98 W140 CL500 AMG - Brutal weekend bruiser! Sold :-( 99 E240 S210 Barge - Now sold 02 Accord 2.0SE - wife's old daily - gone in PX 88 P100 2.9efi Custom - Sold
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If I was going down this route,in order to minimise the risk of any comeback, I would insist on selling her the car.
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Jun 26, 2019 10:14:06 GMT
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Would this have been a public road (industrial estate)?
If it's not, could complicate things further.
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Jun 26, 2019 11:23:32 GMT
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if it was me i'd argue the toss over fault. Trouble is, you don't get to argue it in my experience. Once it's handed over to the insurance to deal with, it's up to them to decide how they want to settle it and if they decide on 50/50 I don't think there's a lot you can do about it.
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Last Edit: Jun 26, 2019 11:23:45 GMT by daklone
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Jun 26, 2019 14:43:17 GMT
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As already said industrial estates can be a very grey area Back in the late 90s my ex boss took someone’s car for a ride on the back of an artic bumper bar after clipping it on a corner on our industrial estate He had no hgv license and was moving the lorry onto a parking area The guy went ballistic who owned the car But he never ever got a penny My boss got out of it because it was on private land Wrong in my opinion and I felt bad for the fella Don’t know whether the laws have changed , but I bet this is going to get complicated, good luck
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Last Edit: Jun 26, 2019 14:44:17 GMT by Mercdan68
Fraud owners club member 1999 Jaguar s type 1993 ford escort
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Dez
Club Retro Rides Member
And I won't sit down. And I won't shut up. And most of all I will not grow up.
Posts: 11,712
Club RR Member Number: 34
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Jun 26, 2019 15:01:23 GMT
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My mate had this happen not long after he started driving. In this instance he would have been the white car. It’s was recorded as 100% his fault. He was told that even though the other person was essentially ‘overtaking’ it’s still his responsibility to check in front AND behind before making an manoeuvre.
Also, log the time as accurately as possible. Insurance companies can and will acquire phone records for drivers if they think they were on the phone at the time of an incident, and I’d say it’s highly likely she was.
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luckyseven
Posted a lot
Owning sneering dismissive pedantry since 1970
Posts: 3,839
Club RR Member Number: 45
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Jun 26, 2019 15:02:18 GMT
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She said at the time she wanted to avoid insurance? Bet she'll have changed her mind by now, and if she hasin't it's because she doesn't have any insurance.
Never trust anyone when it comes to car accidents. They will lie, change their story and plain make stuff up when reality sinks in. She's already realising this is going to cost way more to put right than she first thought, and at the time all she wanted was to get out of the situation
She will lie.
She'll definitely lie to you.
Either be prepared to take an utter rinsing, shrug and accept you'll get nothing for your car ...or note everything down, times, dates, communication, every tiny detail of what happenned and be prepared to overturn your insurance's decision and insist on court when they try and write you off. Either way I'm afraid the best you'll get is nothing and no car. The worst is that the insurance companies will collude to get rid of both you and her as quickly as possible.... in which case you'll get knock for knock and 50% of your Seat Arosa is hardly worth bothering... or they'll hang the blame on you and you'll get nothing
Did I mention that she will change her story, change her mind and above all, lie?
Best of luck
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Jun 26, 2019 16:01:01 GMT
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Contact your insurance within 24 hours, let them know you were hit and that she wants to settle without involving insurance. You are supposed to notify them anyway. If she doesn’t sort it then go back to insurance and let them deal with it. But as said they’ll just want to brush it under the carpet, so I agree that they’ll push for 50/50 To be fair, she may not lie, but in that case her friends/family/people in pub will advise her to tell a different story. So I agree... she’ll lie
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Jun 26, 2019 17:29:57 GMT
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As said industrial estates can be a big greay area and the most simple of cases can get very compilcated, where i used to work ha a situation where a delivery driver (visiting) had a prang while he was leaving. I wouldnt wish that sort of spaghetti headache on anyone. Also, a relative had a light knock in a carpark, someone reversing out caught the corner of his bumber. He decided not to do anything about it, it was only a graze on the corner of the bumper, but about 6 weeks later someone else rubbed his door quite badly, so he went through the insurance and when they came to look at his car there was all sorts of questions about why he didnt inform them of the previous damage on the bumper. Personally, id tell the insurance company and let them do their job.
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Jun 26, 2019 18:00:44 GMT
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Her car aint a cheap banger, she will try and claim for something, knowones going to suck up that kinda financial loss. Tell your insurance company.
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