some advice please

[MrAnderson93]

RIGHT! back in september 2010 i was hit, the story goes like so...

i was behind the 3rd party, traveling at less than 30, about 25mph, we approached a set of junctions, one on either side of the road, but the one on the right was staggered (like they werent exactly opposite each other, if looking on google earth for example the one on the right is further "up" the screen compared to the left turning)

so without indicating the 3rd party turned left off the main road into the junction, so as per normal i carried on, then suddenly i see the front of the same car coming at me, i took evasive action, and its "lucky" i did, she drove into the side of me, and due to the angles she carried on down from the middle of the door to the wing, if i hadnt swerved i bet there would of been some proper structural damage to my sill or b pillar.

the cars ended up on the corner of the junction on the right side, with her being unable to get out due to how close the cars were, without moving the cars i got out and inspected the damage, at which point she opened her window and said it was her fault, that she was sorry and that she didnt see me.

we then moved the cars (silly me, first crash ive ever been in, and i didnt think to take photos :/)

at which point i think she may of "had words" with the other occupant in her car as when they came over to inspect my car she started saying "well you were overtaking me" and trying to blame me, i said no youve turned up that street then suddenly swerved abck out as i was driving past, my exact words were "dont try and blame me, you drove into me, you didnt indicate when you turned left, and i wasnt overtaking you at all"

its important to note that shortly after the 2 junctions the road i was travellign on curves off left and is blind, why the hell you would want to overtake there i dont know, and there is paralell aprking on both sides of the road, there is no room to overtake either!!

so after exchanging details and checking both cars mine seemed mechanically fine, but ehrs was aparently undriveable (15 year old german engineering 1, silly little honda 0 ) i drove off (not before checking the reg she gave me matched the plates on the car ofcourse )

as this happened on a sunday i decided to ring my insurance first thing it he morning, which i did and they were cool with that, i told them what happened, gave them the 3rd partys details and they said they will do their buisness.

BUT the story now takes a horrible twist

the woman who hit me was pregnant, 9 months to be precise and on the day afetr the crash ahd gone into hospital to have the baby so after finishing my shift at work, checked my phone and had about 5 voicemails, allf rom the 3rd partys mother, she excplained how her doughter had gone into hospital and that she (her mother) was handling everything, fair enough, so i rang her mother and tbh she was quite addimant that I had driven into her doughter, her doughter ahd obviously made a false story up, or had been adviseed by someone to do so (which i calmly said, "in all fairness you wernet at the scene so cannot make such solid accusations, as all you have is you doughters story" that shut her up lol). also she was claiming they had phoend the police about my hit and run and leaving the scene, it isnt a hit and run if i exchanged my details is it? so i said to her again, we exchanged details, looked over each others cars and there felt no need for the police to be called. just for safe measures i actually wen to my local police station and told them my story, they said if there was no injuries or deaths or serious damage to things liek sign posts ther was no need for them to be called.

so then i get introduced to my claims handler, tells him thge story etc. etc. then we go to the scene, he knows both stories (mine and the one the 3rd party told their insurance) and he said that my story was the most believable, and that there would be no room for me to overtake if she was lined up properly to turn right. but he said it will still be hard as the 3rd party still is saying i was overtaking her.

i suppose i can argue that she was "technically" coming out of that junction, and either she disobeyed the rules of the road, and didnt give way, and drove into me OR i hit her, because she pulle dout on me, agai breaking the give way role and i didnt have time to react.

so now it stands that my insurance ahs asked the 3rd ;party why they were turnign right, as the road is a dead end with a row of houses on one side, and the back of a scaffoldiing yard on the other, but as of now there is no reply yet, probablky because of the festive season etc.

sorry about the lengthy essay btw lol

im just wondering if anyone has had this sort of experience before, what their outcome was, and if any of the insurance people on here could give me a expert opinion of what i can do to help my case, i really dont want to lose my car, and why should i, just because someone cant drive properly 

thanks everyone!! (y)

[nige_s]

Hey people bullsh*t and can make up the most unbelievable stories.  You've done the right thing, just leave it with your insurers.  Will most likely go 50/50 as both parties are blaming each other.

I had a similar thing when someone drove into the side of my Driver years ago.  I just bought a new door and didn't make a repair claim, explained all the details of the incident to my insurers.  Basically I said one thing and the other said another, without real witnesses it when 50/50 and I think it went in the unsettled bin.

Oddly, I think this can happen legally.  Unsettled claims can be bought from the insurers by other handlers who then chase it up months or years down the line.  I had court letter claiming that I owed Saga, the other parties insurer at the time, money for the repairs to their car.  A bit bully boy tactics I guess.  I contacted Churchill, was over a year later as I no longer had the car and wasn't even insuring with Churchill any more.  Basically I had two choices fight it out in court with Churchill's own solicitor in person or take it on the chin and pay via my now defunct Churchill policy, only cost being 1 years NCB.  I took it on the chin as the 1 year NCB wasn't an issue and was better than taking a day or two off work to travel to the other end of the country to appear in court.  OK I threw my principles out the window but that's what insurance is all about.

Eitherway they drove into me as they pulled out of a parking space in front of me.  No witnesses so who says who is right, just make sure you have legal cover.

[MrAnderson93]

thanks for your help dude, if it does go 50/50 do you recon i will lose my car?  i really dont want them to write it off, and even if they do i will be able to get it back wont i?

[ShoozY]

thats realy pants whats hapnd to the two of you.......hers what hapend to me:

Got my first car on the road after sacrificing 2years of spending my own hard earnd wonga. started modding slowly,got 6months into my policy and declared all mods as i felt i had an acomplishment of self certifuyedwork done to the car. had been working at a new job about a month and a half, no offroad parking so i parked down a quiet, non bussy sidestreet that went down the back of my workplace. One day when a couple of my coligues where out the back on there lunchbreak where sat nearly 6foot away from my car on a bench we used to have out the back. They witnessed the 3rd party come round the corner of the mainroad,come down the road at the back of my work and drove strate into the back of my car!,one of my colegues cam to get me while the other started talking to the driver of the car that hit mine just to mkae sure they didnt drive off. at first i thaught my coleuge was pulling my leg and i told him to stick it, but he repeated himself saying some1's just hit your car, judging by the look onhis face i knew he wasnt joking so ran out the back as fast as i could.
Lucky for me i ran out strate out in the road as this person had just started pulling away and managed to stop them. obviously i got a bit of lip for being in the middle of the road but soon shut her up when i told her that she had just hit my car(this is before seeing the damage), she replyed "its just a scratch isnt it, nowt seriouse?"(at this point i had only just seen how badly she hit my car)as it was a lady and i was at work and didnt want to risk my position if i went over the top,i kinda just said get out of your car and come and have a look at the damage yourself and tell me again that its just a scratch!!!!
This got her out the car and as she came over she stumbled as she was walking. i didnt know if this was her nervs or wethershe was taking something and i kinda felt a bit bad because of how i spoke to her. i gave her two options(bearing in mind the damage equated to a grand)1. pay me £8/900  now or i go through your insurance and u get stuffed in the future come renual time. She kinda repeated the £900 bit and spat as she spoke kinda thing. i didnt say anything strate away as i had just noticed that her breath smelt like shedcome from a brewery. i turnd to her and said get your details out,i proceeded to take pictures of the damage and pictures of her car, she gave me a duff number, address and insurance company. i got strate on the fone to the pigs and my insurance, they said they would deal with it asap.

My car was drivable without compromise so long as i was in town,i darnet drive down the motorway as my bumper had a pair of screws holding it on and it wobled ALOT!

i had to go down to a family friends place which was unfortunatly a ten min run down the motor way but didnt want to risc it so i left my car at home and payd for the fuel for him to pick me up.
I live about 10meters away from a junction that leads to a mainroad. just as we left my place my insurance rings me up and tells me that the details are wrong and that a claim handler who lived in the area had been roundto the given address and the numbers for the housees didnt go as high as 88, it was infact number 8b however the details registerd to the registration of the car were also recorded as 88 lol. while i was on the fone to the insurance we were driving down the road that leads to the main road and i couldnt believe my eyes. I was watching the woman that hit me getting into her car along with herkids as they were leaving a house halfway down the road,i told them that shewas in my sight and gave them the name of the road. (bestcoinsident ever as a coleuge from my collage happend to be renting the house directly accross the road!) gave them my coleuges addres and told the,stand on the drive and look at the house directly oposite,thats where she lives!!
I couldnt believe my luck that i had worked that out

My insurance company got hold of the driver in the end but denyed all knowlage of any accident(Considering mynice shiny bluepaintwork was visible in a nice thick scrape allong the passanger side of her car.)
I kept to my story all the way through the claim process and had the joy of them initialy denying they did it,then accepting liability(as my car was parkedand i wasnt even in it) then disputing the cost of the repair!!!,it got sorted in the end according to the paperwork but i am still not happy with the outcome.
The damage is quoted by an authorised reparer at £1.5k minimum and i got a final offer of £206.56 even after disputing the risks of driving the car at motorway speeds as they refused to fix the bumper but were willing to spray it back to color.(pointless because any1 in the right mind wouldnt spray,laquer and polish a pannel that is about to drop of with the smallest bit of assistance) bare in mind lads that thishapend in june 2010 and wasnt sorted out untill december 2010, my renual was in october 2010 and my ncb was on retention as i was "guilty until prooven inocent" according to the insurance company. i couldnt afford to pay a stupid premium of £4.5K+ as im 19 with a modifyed car! only got my ncb on paper this month and thaught of gettin something els cheaper to insure. got quotations on a couple a golfs and got 1300 3rdpft on something i actualy thaught would be orite,went out and travled 260miles and back twice to secure the car and got me old man to driv it back, rung up thecompany who gave me the quote and they turnd round and said that it would cost me £1650 3rdpft if i pay in ful and £1890 monthly or £4K for fully comp. so i put the ownus on the idiot that hit my car as they have fu*kd up my insurance record and left me without transport to get anywere since october. iv got two cars sat on the drive wasting away and i cant insure eather of them as a result of my combined accident history and age!!!!!

Appologies for the excessivly longessay but its realy f*cked me off big time.
Rant over!

[ShoozY]

best advice i can offer is stick with it if u know your in theright,it may seem like an eternity but you will be compensated in due course(all that aparent paperwork they have to gothrough)

was insured with quin direct btw and advise all to stay clear unless you fancy getting a raw deal like i did