displaying posts 1 to 14 of 14

Author Subject: old accident claim advice
anth_gti6

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Location: sunderland

Registered: 09 Nov 2004

Posts: 5,264

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Post #1
I need some advice, my insurance has recently been in contact regard a collision that happened in March 2011. At the time my girlfriend was in the car in traffic, stationary on a roundabout in queuing traffic as there is a set of lights not long after it. The road goes from a duel carriageway before the roundabout and single afterwards, so most people queue in the left and hand before the round about if it is busy. Some people jump that queue and do a full lap of the round about the join at the front. This is what the third party did.

She was stationary and the third party drove into the back of her, doing some damage to his front end. But nothing to our car.

As there was no damage to our car we did not need to put a claim in or anything, and as she was stationary she could not have been in the wrong, so we thought nothing of it. Until May 2011 when we heard they had claimed. Saying she had changed lanes and moved in front of the third party.

This was denied and our insurance backed us up. We heard they were not pursuing it further in Sept 2011. Now A YEAR LATER the insurance rings me saying they are pursuing it, and the best we can get is a 50/50 fault! Their reasoning is that we have admitted to being on the round about, so that is agreed. What is disputed is the time she was on there. They say she pulled out in front, we say she was stationary. The insurance said a judge would most likely favour the third party in situations like this, unless we prove otherwise with CCTV or a witness statement, neither of which we have, because it was so long ago!

Since there was no damage if we take a 50/50 we would love 2 years NCB, and that would be it but that is best case. Which is crazy.

Neither party has any proof to back up their claim so is what my insurance is saying correct that the judge will likely side with the third party?

________________________________________

ex white Phase 1 Gti6, killed at cadwell park in November 07
Posted 6th Sep 2012 at 11:02
rikky 🦔

Location: cheshire

Registered: 28 Feb 2004

Posts: 26,796

Status: Offline

Post #2
i thought there was time limits on claiming anyway? insurance companies should take a very dim view of someone waiting for any length of time before reporting an accident, let alone a year. i would imagine if they'd even reported it oyu'd have heard sooner so the other person can only just have reported it - why wait that long and why aren't their insurance company asking their client that?! Erm?

the whole 50/50 thing is stupid. my mate had his brand new clio smashed into and the other driver just said he pulled out into my car and they just automatically put it all through 50/50 and he couldn't even fight his corner. stupid

________________________________________

306 rallye reproduction decals (full sets/individual decals) | 306 b-pillar textured vinyl weatherstrips
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Posted 6th Sep 2012 at 11:10
mr swampy s16

**BAD SELLER**

Location: out and about

Registered: 22 Oct 2003

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Post #3
Always thought if some one goes in to the rear of you it is there fault??
Posted 6th Sep 2012 at 11:12
anth_gti6

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Location: sunderland

Registered: 09 Nov 2004

Posts: 5,264

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Post #4
mr swampy s16 wrote:
Always thought if some one goes in to the rear of you it is there fault??


so did I!

________________________________________

ex white Phase 1 Gti6, killed at cadwell park in November 07
Posted 6th Sep 2012 at 11:15
rikky 🦔

Location: cheshire

Registered: 28 Feb 2004

Posts: 26,796

Status: Offline

Post #5
i nudged a woman on a roundabout who went almost all the way then stopped and reversed! pulled over, looked at damage... the damage was higher than my car was and after i told her to give her head a wobble i went on my way. had a few phone calls off her boyfriend but i told him he must be as thick as his mrs and that i was also an agitated blackbelt kickboxer. never heard off him again

________________________________________

306 rallye reproduction decals (full sets/individual decals) | 306 b-pillar textured vinyl weatherstrips
306 slam panel esso stickers | 306 yellow / orange / pension fund red side door badges
gti6 inlet manifold badges | 306 rear boot badges (p2/p3)
winner of Extraction of toys from prams with outstanding vigour award 2009 [source: gti6 owners club]
Posted 6th Sep 2012 at 11:17
tvrfan007

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Location: In the garage

Registered: 29 May 2005

Posts: 3,488

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Post #6
I had issues a few years ago where someone hit my works car in standing traffic. She claimed i rolled back which i certainly did not. I told the company insurance about it as i had to, and couldn't even FIND a scratch on our Mondeo. Next thing I knew, she had a whiplash claim, hire car claim saying her car was immolibised (she drove it home) and her passenger had whiplash. Given that i think she stalled as she was letting her passenger out i'm not sure how they can have whiplash, f**king corrupt.

Get a witness statement from someone off here who is independent. :p Also, do you have any scene photos from the accident?

________________________________________

I'm Si btw Tee hee

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Posted 6th Sep 2012 at 11:25
anth_gti6

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Location: sunderland

Registered: 09 Nov 2004

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Post #7
tvrfan007 wrote:

Get a witness statement from someone off here who is independent. :p


fraud...

tvrfan007 wrote:

Also, do you have any scene photos from the accident?


she didn't take any photos of the scene, and even though i told her to on the phone she didn't Angry

________________________________________

ex white Phase 1 Gti6, killed at cadwell park in November 07
Posted 6th Sep 2012 at 11:31
Niall

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Location: Epsom

Registered: 06 Jun 2012

Posts: 1,941

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Post #8
It's their fault if they drive into the back of you unless you reverse Into them or, like what happens a lot on motorways, you pull into a gap closing the car that's now behind you, 2 second gap, then slam on the brakes.
There are time limits to claiming but its something silly like 4 years which I think is stupid considering the majority of people who are going to claim a few years later are probably the sort that have reversed into a post and then think, ooh I can blam this on that guy who bumped Into me a few years back.
Posted 6th Sep 2012 at 11:41
tvrfan007

Seasoned Pro

Location: In the garage

Registered: 29 May 2005

Posts: 3,488

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Post #9
anth_gti6 wrote:
tvrfan007 wrote:

Get a witness statement from someone off here who is independent. :p


fraud...


As is the claim heading your way sadly!

________________________________________

I'm Si btw Tee hee

Night Blue VW Golf GTD
Bianca LBSC Rallye - Track/Road Slag Project Thread
Sparkling Silver Mini Cooper D - Super Dooper Superman - (The other half's wheels)
Posted 6th Sep 2012 at 11:49
rikky 🦔

Location: cheshire

Registered: 28 Feb 2004

Posts: 26,796

Status: Offline

Post #10
join them. ring your insurers and counter claim

________________________________________

306 rallye reproduction decals (full sets/individual decals) | 306 b-pillar textured vinyl weatherstrips
306 slam panel esso stickers | 306 yellow / orange / pension fund red side door badges
gti6 inlet manifold badges | 306 rear boot badges (p2/p3)
winner of Extraction of toys from prams with outstanding vigour award 2009 [source: gti6 owners club]
Posted 6th Sep 2012 at 11:53
anth_gti6

Seasoned Pro

Location: sunderland

Registered: 09 Nov 2004

Posts: 5,264

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Post #11
rikky wrote:
join them. ring your insurers and counter claim


how would that work and what would I claim for?

________________________________________

ex white Phase 1 Gti6, killed at cadwell park in November 07
Posted 6th Sep 2012 at 13:02
ian7675

Techno Viking

Location: Gloucestershire

Registered: 12 Oct 2007

Posts: 6,068

Status: Offline

Post #12
anth_gti6 wrote:
rikky wrote:
join them. ring your insurers and counter claim


how would that work and what would I claim for?


Stress, nightmares, whiplash, depression, loss of sexual function, fear of driving etc. Its all bulls**t these claims so whatever really.

________________________________________

Less than 24 hours to go!
Posted 6th Sep 2012 at 13:10
rikky 🦔

Location: cheshire

Registered: 28 Feb 2004

Posts: 26,796

Status: Offline

Post #13
you would be as bad as the other party i am afraid. i was just being cynical and sharing your pain really. i don't honestly know what you should do. maybe phone a solicitor, not sure

i would probably favour intimidation first though, but this is not the right option nevertheless

________________________________________

306 rallye reproduction decals (full sets/individual decals) | 306 b-pillar textured vinyl weatherstrips
306 slam panel esso stickers | 306 yellow / orange / pension fund red side door badges
gti6 inlet manifold badges | 306 rear boot badges (p2/p3)
winner of Extraction of toys from prams with outstanding vigour award 2009 [source: gti6 owners club]
Posted 6th Sep 2012 at 13:12
mik

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Location: Kent

Registered: 17 Feb 2011

Posts: 2,100

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Post #14
A difficult one but you will get nowhere by letting them make the running, and the insurance company seems to be taking the easy way out instead of asking some hard questions.

Get some expert advice (not from your insurance company!) and go from there.

Tell your insurance company you will be taking legal advice.

The odds cannot be stacked too far against you if your car was stationary, they drove into the back of your vehicle and they took over a year to make a claim!

________________________________________

Cherry Rallye SOLD

Posted 7th Sep 2012 at 09:48

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