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Sept 2, 2013 15:47:29 GMT
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Right.My Wife went to fetch some petrol this morning in our Pug 206. There's a dangerous bend at the end of our street. The street is narrow anyway, which is bad enough.
My Wife made her way to the bend (which is a sharp left-hand bend)and there's a van parked on the otherside of the road on the bend. The other driver comes round the bend, she shoots round the van, thus, she comes over the white lines and her offside rear quarter hits the offside front wing of our Pug. My Wife had stopped because as we live in the street, we know it's dangerous. If my Wife hadn't been careful, it would have been a head-on.
The other driver didn't seem to think she was at fault. The damage correlates to what happened.
The obstruction was on her side.
My Wife was stationary.
The other driver was on the wrong side of the road when she hit my Wife.
I've never made an insurance claim before (apart from when my old BMW was stolen and burnt out) What will happen if the other driver tries to deny everything?
I apologise for my lack of knowledge!
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1993 Mercedes-Benz 190e LE in Azzuro Blue.
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Sept 2, 2013 16:05:27 GMT
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Did your other half tale any photos of the position of the vehicles at the time of the crash, if not go back and make notes/ pictures of everything including skid marks broken glass etc. However given that the other driver was on the wrong side of the road (they will probably try to deny this without evidence) then yes it should be classed as their fault, and I would think driving without due care and attention if there is still such an offence. You'll probably still have to argue it with the insurance company though.
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Sept 2, 2013 18:36:33 GMT
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Thanks. I was at work at the time and it shook her up a fair bit and taking photos never crossed her mind unfortunately. I popped home from work to talk to the insurance etc. The other driver is a teacher at our sons' school and she admitted to my Wife that she's gone round the van without any hesitation and that she'd come over onto my Wife's side of the road. I think once she speaks with her Husband that may change however.
How do insurance companies come to an agreement about this sort of thing? My Wife is a very honest person and would genuinely admitted if she was at fault (I'd try and argue the toss) I told her not to worry as she's done nothing wrong at all. I don't fancy losing no claims bonus through someone lying.
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1993 Mercedes-Benz 190e LE in Azzuro Blue.
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Sept 2, 2013 19:48:03 GMT
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Pass details onto your insurance company, refuse all contact with the other driver and refer them directly to your insurer and let them sort it out.
Your wife is in the right, and if the other driver admits what she has done, then all will be as well as you can expect. However if she changes her story (I have had exactly this...woman very apologetic at the scene admitted everything etc, but by that evening had decided it was all my fault - I assume after talking to her husband) then the best you can really hope for is a 50:50 settlement. This sucks big sweaty donkey balls, but the hassle, delays and curse word about in trying to fight this are often just not worth the hassle.
Insurers don't give a damn about rights and wrongs - they just want the minimal fuss and lowest payout. Its easier and cheaper for them to go 50:50 than to start trying to fight a "your word against hers" case.
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1986 Panda 4x4.
1990 Metro Sport.
1999 Ford Escort estate.
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I'm definately going to dig my heels in. I'm fully comp and have legal cover. I'll lose out on the settlement and I don't want to lose my no claims bonus as it will bump up my insurance AND my classic policy on my Golf.
I assumed the two companies would look at both party's stories and come to an agreement?
I spoke to the fella who deals with assessing damage and he says it's probably going to be a write-off because of the age of the car and they're coming to assess the damage tomorrow.
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1993 Mercedes-Benz 190e LE in Azzuro Blue.
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Sept 3, 2013 16:54:17 GMT
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Unfortunately photos taken at the time with the cars in situ are the only real hard evidence, without these if the other driver denies being on the wrong side of the road you are in for a lengthy battle, the only thing that will be in you favour is the other driver either outright admits liability or actually tells the truth, even though they think they are in the right they may still say that they were overtaking a park van.
The insurers will use google earth images to see the road layout so no need to take pics now unless they ask for them.
Get what happened in writing whilst it is still fresh in her mind and just keep it simple factual. reread her statement and ask a friend to do to read it to make sure it makes sense.
Good luck with it.
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Sept 3, 2013 20:14:43 GMT
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If its not too bad is it worth trying to retain the salvage and fixing it if you're going to loose on the payout value anyway? Good luck too.
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Sept 4, 2013 15:53:25 GMT
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I spoke to the insurance today and they basically said it was heading for a 50/50 settlement as there was no independant witnesses and it's my Wife's word against hers. They said my other option was to settle the matter privately rather than pay half my excess and lose half of my 6 years no-claims. I've spoken to the teacher today and we've agreed to cancel our claims. I'll sort a new wing and do it myself.
My insurance have said that it will be recorded that I was involved in a collision and that I need to declare it at renewal etc. I asked why as the claim was cancelled? They said it's the law. It won't affect my no claims discount so what's the issue.
I'm absolutely fuming!!!
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1993 Mercedes-Benz 190e LE in Azzuro Blue.
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Sept 4, 2013 18:40:45 GMT
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insurance companies = curse word.
Like I said - they will do whatever they can to minimise their payout, and they have successfully talked you into taking it on the chin and letting them off without paying a penny. - Worse than that, they WILL increase your next premium due to the accident, even though NCB is not affected.
And you cant lie if you change company at renewal time - the accident is on file now.
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1986 Panda 4x4.
1990 Metro Sport.
1999 Ford Escort estate.
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Sept 4, 2013 19:21:29 GMT
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My classic policy is due for renewal next month and no doubt that will go up too. The claim handler I spoke to when I cancelled was pretty sympathetic about it all. He said when I renew just explain the situation - It wasn't me driving etc and most companies will be ok.
I think I must have "Shaft me" written ion me back!!
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1993 Mercedes-Benz 190e LE in Azzuro Blue.
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Sept 5, 2013 21:29:06 GMT
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I spoke to the insurance today and they basically said it was heading for a 50/50 settlement as there was no independant witnesses and it's my Wife's word against hers. They said my other option was to settle the matter privately rather than pay half my excess and lose half of my 6 years no-claims. I've spoken to the teacher today and we've agreed to cancel our claims. I'll sort a new wing and do it myself. My insurance have said that it will be recorded that I was involved in a collision and that I need to declare it at renewal etc. I asked why as the claim was cancelled? They said it's the law. It won't affect my no claims discount so what's the issue. I'm absolutely fuming!!! Before you cancel the claim get it in writing with a witness that the other person doesn't wish to peruse the claim. even if its cancelled you still have to declare it as they ask 'have you been involved in an incident...' or similar and it may depending on the underwriter make a difference at renewal because as far as they are concerned you (or your wife) is now a liability because she had a hit, insurers are always under the impression that every incident is avoidable. |
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Sept 5, 2013 21:40:38 GMT
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Is it your car and your insurance policy, if not then YOU don't have to declare anything!
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The other party is my sons teacher at school and I'm a school Governor. She's a nice lady and she's dropped the claim.
I spoke to my Classic insurance provider yesterday evening. They said my policy wouldn't be affected as my Wife isn't a named driver on my Classic policy, no issues there.
I'm expecting my regular insurance to go up at renewal but, as always, I shop about. The Pug is a 1.4 and as soon as I've sorted a wing, it's getting sold and we'll be getting something more reliable with a smaller engine so that'll help a bit.
Lesson learned I think!
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1993 Mercedes-Benz 190e LE in Azzuro Blue.
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Sept 11, 2013 15:22:12 GMT
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It is quite simple. The van was parked on the other side of the road, therefore the oncoming driver either had to stop or hit your wife. It is the other drivers fault end of. If the parked car is on your side the guilt is yours.
I'd go back to the insurance company as if the police had been involved the other driver would have been prosecuted.
It is always your fault if the parked vehicle is on your side of the road.
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Todos con Lorca
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Oct 17, 2013 13:32:37 GMT
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Nothing is ever that black or white, particularly with insurance companies.
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Oct 18, 2013 11:53:59 GMT
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It is quite simple. The van was parked on the other side of the road, therefore the oncoming driver either had to stop or hit your wife. It is the other drivers fault end of. If the parked car is on your side the guilt is yours. I'd go back to the insurance company as if the police had been involved the other driver would have been prosecuted. It is always your fault if the parked vehicle is on your side of the road. Its not that simple and the police will not prosecute on a incident like that as there were no injuries and no witnesses to say the other driver was driving in a dangerous manner. the would just leave it for the insurance company to sort out. |
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