Help needed

[Sealsey]

Hi, I was driving home last week, when coming off a motorway junction, towards a roundabout. When a woman changed lanes at the end of the junction, cutting me up and hitting her at around 10-5mph. No damage done etc then today I come home, shes is doing me for whiplash and has rented a hire car, that she wants my insurance to pay for.

Here are the facts I have written down and intend to send to my insurance, where do I stand and how much NCB do I stand to lose?

here the facts I have told my insurance company

1) I was cut up at the roundabout and couldn’t break in time.
2) The contact was at no more the 5 mph as I was breaking for the junction at the time
3) She moved away from the scene so no witnesses could be stopped(she was blocking my car in front) So if she didn’t move I couldn’t.
4) Checked both cars and AGREED no damage had been done to either
5) Told her my father worked in the car trade and I lived round the corner and he could have a look, she declined.
6) Admitted that this had happed to her before.
7) Asked for her phone number which I never gave and she didn’t know what address to put down as her home address.
Made a comment when leaving that she would get the physio’s on me.
9) Drove off in her car which was 100% road worthy when she left, but now needs a hre car.
Am thinking about fighting his, advised insurance company, am so p****ed off

[gyzmo]

This is a very common occurence. Many people think thre is no damage to their car at the scene and feel a fraud is being committed when they hear of a hire car being involved.

Given that the hire car is paid for, what benefit do you think would be derived from being put into a vehicle for which she could be possible liable?

It is quite posible there is some damage.

As for liability, it is a matter of proof. If neither position can be established, it will go 50/50.

[Sealsey]

Just found out her insurance company isn't involved she has gone to a ambulance chaser, and is paying for the hire car out of her own pocket, And is also claiming I hit her from behind but has forgot to mention the change of lane at the roundabout,
I have told my insurance I am not at fault, will she now need to contact her insurance as well, as mine won't pay for damages if its her word against mine??

[gyzmo]

In the absence of proof it will be 50/50 or if they do not feel thathe third party has a stron enough case then to defend the claim.

She should notify her insurers. The unfortunate thing about all this is that the impact was to the rear of her car. Usually rear end damage resuts from the person behind not maintaining a safe distance. This is not the case with you as she cut in.

You must mention that to the insurer giving the road name and preferably drawing a diagram if needed. But even then it comes down to what can be proven.

[Sealsey]

Thanks for that I have noted the road and taken a picture of the roundabout as it has funny lanes that mean once your in the wrong one your stuck, hence why she moved over at last minate.

I told my insurance that I hit her behind but I hasd no where else to go, So the fact that there were 5 other cars around us but she decided to move around the corner before getting details has not helped as it will be my word against her's now

[gyzmo]

the circumstances you describe will make her liable, but as said it is a matter of proof. Be calm with your insurer and insist that you send documents in. However do also be aware that if they do not have a reasonable chance of success they will settle to some degree. That's the nature of insurance and the law.

Good luck

[Sealsey]

she i sticking to I hit her, etc etc, As I can't prove she moved over and the only think that isn't in doudt is that I hit her I am fearing the worse.

I would of had 4 yeays NCB by December, will I lose all of this even thou I'm not claiming anything and its just her who is claming so damage.I know I'm going to lose out but how much.
Still can't believe she is shafting me like this

[gyzmo]

Stick by your guns. You cn be as adamant as she is. Although your insurer may pay out, it is still worth maintaining your position.

[Sealsey]

Update

My insurance has told my nothing to fill out at my end as no claom from me.

Today I get the list of her injuries. Neck Pains, Left shoulder pain and Tension headaches.

"Our client did not attend hospital for treatment" I know for a fact she works in hospital.

I am deny liability, what so I put in my relpy can't really say "I think she is ripping me off.

Mad

[gyzmo]

It really should not matter that you are not claiming for yourself.

When you call your insurer to report an incident, usually the details given are enough to process the claim. However if you are disuting the version of events then you should, even without their request, send to them a diagram or a full written statement (preferably both linked together) of the incident.

I would call again and ask which department is dealing with the third party claim. Ask to speak to them so that you can state that you ar denying liability and wish to support this stance (if it is a call centre you may be unfortunate to speak to someone who can only follow a script - in such a case ask for a supervisor). You should at least then be given the opportunity to put your view forward. But (and my repetition of this should demonstrate that I cannot emphasise this enough) truth and proof are separate animals like I have said before. If your insurer still pays out, at least you have some dignity in being truthful and not stooping to some lower level. I know that may seem incomparable to a hike in premiums.

Ps. I think your cause of action (not that there is any) is "res ipsa loquitor - the thing is as is said. It is basically a case of the facts speaking for themselves. try stating that in your letter - may give someone pause for thought!

[Sealsey]

Here is my list of reasons that I can remember, what would you add to this or remove Gyzmo?
1) I was cut up at the roundabout and couldn’t break in time.
2) The contact was at no more the 5 mph as I was breaking for the junction at the time
3) She moved away from the scene so no witnesses could be stopped (she was blocking my car in front) So if she didn’t move I couldn’t. There was about 6 other vehicles around at the time why no witnesses names taken. I can answer that as I knew I wouldn’t be claiming. I wouldn’t need any,
If I had been hit from behind I would have asked for names and address of anyone who saw it so no disagreement could arise. Why didn’t she do that.
4) The damage to my car a small dent is on the right hand side of bumper (see pic) Not on the front, meaning contact was not directly from behind but at a angle due to lane change.
5) Checked both cars and AGREED no damage had been done to either .
6) No visible damage to back bumper, her bumper was dirty and the bump had not even marked the dirt.
7) She opened her boot to get paper out, where I checked the line of back wing which was ok, boot then shut ok.
As my car is a mini cooper any damage would be low down on the back of the car. The mark on my car backs that up,
9) Told her my father worked in the car trade and I lived round the corner and he could have a look, she declined she just wanted to leave she wasn’t worried about carrying on her journey then sorting out her car..
10) Admitted that this had happed to her before.
11) Asked for her phone number which I never gave and she didn’t know what address to put down as her home address. (Is her policy up to date is she is living elsewhere)
12) Made a comment when leaving that she would get the physio’s on me.
13) Jumped in her car and on to a busy main road 50mph and drove off. Why not phone the police or take pictures of accident, I feel she has gone home and then decided to cash in with the compensation culture hat is sadly the way things are going

I have taken a picture of my car and am going to take one of the road, if I up load picture of road would that help understand the road marking.

[gadgetgirl79]

4) The damage to my car a small dent is on the right hand side of bumper (see pic) Not on the front, meaning contact was not directly from behind but at a angle due to lane change.

You might want to emphasise this point. The damage to the car is often the crucial point in deciphering what happened. If the dent on your car is on the RH side of the bumper, then you can not have hit her from behind. Obviously I don't have the diagram infront of me, so can't really picture it, but could the damage could be consistent with her driving into you potentially??

I would also claim against her insurance company for the dent in your car. If it's her fault, then you really should make the claim, as your car should be returned to as it was BEFORE she caused the accident.

[Sealsey]

My dad is in the trade, so i have lined my car up behind the same model car as the one hit, taken a picture of them showing if I had hit direct from behind the point of impact would of been on the centre of the bumper. The bumper on the mini is curvy, so the dent where it has makes it impossibe if I hit directly from behind or so I think.
As for the mark you really need to look for it. but the chrome is also damamged on the right side not in the center, I have taken phots of these tonight. I can't upload on here for people to see.
Just getting everything I can think off. got pitures of road as well on my way home as well, showing road marking that may of made her change lane so close to the roundabout

[roysta]

Hi, this is my first ever post, I am after some information about DCA's.... specifically the fact that nobody has been in touch for a year now regarding my debts (one to egg and one to vanquis), I don't know whether to contact egg and vanquis or whether to just leave it? I am sorry if this post is in the wrong place, I am so confused.... I keep getting lost around the forums lol!

[gadgetgirl79]

Originally Posted by Sealsey

My dad is in the trade, so i have lined my car up behind the same model car as the one hit, taken a picture of them showing if I had hit direct from behind the point of impact would of been on the centre of the bumper. The bumper on the mini is curvy, so the dent where it has makes it impossibe if I hit directly from behind or so I think.
As for the mark you really need to look for it. but the chrome is also damamged on the right side not in the center, I have taken phots of these tonight. I can't upload on here for people to see.
Just getting everything I can think off. got pitures of road as well on my way home as well, showing road marking that may of made her change lane so close to the roundabout

That should help! You really should fight this, as it seems really unfair to lose your NCB for an incident that wasn't your fault! If the damage is to the side of the bumper, then there is no way you hit her from behind.

For my accident, I used google maps and the satelite option to see the road markings and show them in a picture, then I sketched out the incident. Lucky for me it was simple in my case, as I was hit from behind at 40mph on a dual carriageway, and the guy admitted full responsiblity!

[Sealsey]

Right am trying to get my point of view across if I hit from behind the impact will be in the middle near the mini badge, but mine is towards the right hand side near the end of the chrome, due t the fact she was changing lanes and cutting me up


And here showing that shape of the bumper means the middle is shaped ahead of the right hand side of the car meaning middle not point of contact. sorty am doudting myself now

[gadgetgirl79]

I think what you're trying to say is that the positioning of the dent means that she must've driven right in front of you across your lane to cause the impact to be at an angle, thus making it her fault and not yours??

You'll need to try and put it on a diagram for your insurance company. Try using google earth to show the lanes, then get some top views of the cars involved and position them at the angle showing her cutting you up.