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26th July 2006, 15:43
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#4 (permalink)
| | Basic Account Customer | Re: Had an accident? Quote: |
Originally Posted by claims32 same here! been in the industry for 19 years. | 19 years, I haven't made it that far yet! What area do you specialise in? |
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27th July 2006, 09:06
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#7 (permalink)
| | Basic Account Customer | Re: Had an accident? Quote: |
Originally Posted by Tygermoth fell in loo at work, the cleaner hadnet put the sign up. thought i broke me wrist it hurt so bad.
the down side is after waiting to be seen in A&E for 5 hours i gave up n went home.
Its given me jip eversince
was about 3/4 years ago....
any mileage?
thanks
Tyger | you only have 3 years from date of accident to submit a claim, sorry! |
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27th July 2006, 09:07
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#8 (permalink)
| | Basic Account Customer | Re: Had an accident? Quote: |
Originally Posted by Mike220359 My son tonight (he's 15) brushed past the tail pipe of a blue corsa in Harry Tuffins at Churchstoke. He's got a burn about 3 incjes in diameter.
i should have taken the reg number but was too busy trying to get the lad home to have some treatment. what should I have done?
Mike | Your son brushed past the tail pipe, to make a claim you have to show the driver acted in a negligent manner, unfortunately from what you have said, this would be very difficult to prove, especially if the driver did not stop and give any details. |
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4th August 2006, 21:49
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#11 (permalink)
| | Basic Account Customer | Re: Had an accident? Quote: |
Originally Posted by Mike220359 My son tonight (he's 15) brushed past the tail pipe of a blue corsa in Harry Tuffins at Churchstoke. He's got a burn about 3 incjes in diameter.
i should have taken the reg number but was too busy trying to get the lad home to have some treatment. what should I have done?
Mike | You should have made him look where he was going tbh. There was no negligence attached to the driver as your son walked into his stationary vehicle. |
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16th August 2006, 08:34
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#12 (permalink)
| | Basic Account Customer | Re: Had an accident? Hi,
If you could offer any advice I would be appreciative.
I am registered disabled, and am in possession of a Motability Vehicle, blue badge, the works.
Hubby and I rally [bike] a lot and we take the mobility car with an electric disability scooter with us. We always gain permission to take the vehicle onto the site and on this occasion, we had permission from the steward of the club.
As hubby was pulling onto the camp site, it was dark, [no lighting] the grass around the right hand side of the entrance was just below knee high and on the left was a large control tent and permanent markers set into the ground. At this point, the markers looked like pieces of wood sticking out of the ground about 5 to 6 inches high. As hubby pulled into the entrance of the Rally/camp site one of these markers which was hidden by the grass came into contact with the driver side sill and door of my car. Made a nice mess, when hubby jumped out of the car to have a look, he realised that these markers were rusty steel tubes filled with concrete.
I have about 100 witnesses to the accident, all who have said they would stand up in court and also people who had caught the same marker entering and exiting the rally site on trikes. Now I supplied my insurance details to the steward of the club who at the time said no problem, put it through my insurance, quite amenable at the time. The steward came looked at the car at the marker and sent someone out with a tin of white paint, to paint the one offending marker and then covered it up with a very large cone. Two months down the line, despite numerous letters [recorded delivery] and going to speak to the steward personally, I am being hounded by Motability because my car was due for change the day after the accident, ordered, ready for delivery and deposit paid. The steward has never supplied his insurance details.
So I went the other night to a meeting held at the club house and took with me a quote for £914 for the damages. The quote is low.
I left the quote behind the bar, and when we took a break in t he meeting the steward came chasing me down, saying I'm not paying for the damage.
I explain that motability insurance said that the vehicle was on private land and therefore I should try to resolve the matter with him before pursuing any action in the courts. He is now being totally uncooperative and is claiming there is a sign on the wall of one of the buildings excluding him from liability, [that we couldn't find and he couldn't point out, only one about parking at your own risk.] And through out this matter he is refusing to give me his insurance details, so at least I could talk to them and try to resolve the matter.. what should I do?
I've suffered a mini stroke since my run in with the steward Saturday night and the stress is playing awfully with my health, but I cannot afford to let this go because a fault claim against me and my NCD. [Motabilities 'strange' NCD bonus programme which reduces my deposit on a new vehicle] Could you help me in anyway? Alternatively, advise me a course of action to follow.
Many thanks for any help. BB69 |
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16th August 2006, 10:04
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#13 (permalink)
| | Basic Account Customer | Re: Had an accident? Quote: |
Originally Posted by bb69 Hi,
If you could offer any advice I would be appreciative.
I am registered disabled, and am in possession of a Motability Vehicle, blue badge, the works.
Hubby and I rally [bike] a lot and we take the mobility car with an electric disability scooter with us. We always gain permission to take the vehicle onto the site and on this occasion, we had permission from the steward of the club.
As hubby was pulling onto the camp site, it was dark, [no lighting] the grass around the right hand side of the entrance was just below knee high and on the left was a large control tent and permanent markers set into the ground. At this point, the markers looked like pieces of wood sticking out of the ground about 5 to 6 inches high. As hubby pulled into the entrance of the Rally/camp site one of these markers which was hidden by the grass came into contact with the driver side sill and door of my car. Made a nice mess, when hubby jumped out of the car to have a look, he realised that these markers were rusty steel tubes filled with concrete.
I have about 100 witnesses to the accident, all who have said they would stand up in court and also people who had caught the same marker entering and exiting the rally site on trikes. Now I supplied my insurance details to the steward of the club who at the time said no problem, put it through my insurance, quite amenable at the time. The steward came looked at the car at the marker and sent someone out with a tin of white paint, to paint the one offending marker and then covered it up with a very large cone. Two months down the line, despite numerous letters [recorded delivery] and going to speak to the steward personally, I am being hounded by Motability because my car was due for change the day after the accident, ordered, ready for delivery and deposit paid. The steward has never supplied his insurance details.
So I went the other night to a meeting held at the club house and took with me a quote for £914 for the damages. The quote is low.
I left the quote behind the bar, and when we took a break in t he meeting the steward came chasing me down, saying I'm not paying for the damage.
I explain that motability insurance said that the vehicle was on private land and therefore I should try to resolve the matter with him before pursuing any action in the courts. He is now being totally uncooperative and is claiming there is a sign on the wall of one of the buildings excluding him from liability, [that we couldn't find and he couldn't point out, only one about parking at your own risk.] And through out this matter he is refusing to give me his insurance details, so at least I could talk to them and try to resolve the matter.. what should I do?
I've suffered a mini stroke since my run in with the steward Saturday night and the stress is playing awfully with my health, but I cannot afford to let this go because a fault claim against me and my NCD. [Motabilities 'strange' NCD bonus programme which reduces my deposit on a new vehicle] Could you help me in anyway? Alternatively, advise me a course of action to follow.
Many thanks for any help. BB69 | #
Ok, firstly i know it can be a pain in the backside when something like this happens but the duty is on you to prove the owners of the land have acted in a negligent manner, were aware of the danger and have taken no action to remedy the situation prior to your accident. Did you take photo's of the scene, if not and the location is still the same then take photo's and try to scan them on here so I can have a look. If you were to take this to small claims court you would still need to prove negligence against the third party. Also, was the object visible in daylight? |
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16th August 2006, 10:31
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#14 (permalink)
| | Basic Account Customer | Re: Had an accident? Hi Mike,
Thank you for responding to my plight.
I believe I acted correctly in requesting disabled access, which the steward granted.
The steward said the posts are to stop vehicles entering the site, which is a little crazy considering he rents the site out to clubs for rallies and custom shows and why on earth give me permission to take my vehicle on there if he knows that the posts are there to stop vehicles?
And the answer is no, until people were made aware by the lovely sound of my car scraping across the metal that there were even posts on that side. A friend from the club we am in also told me that he drove his trike over the top of this post, luckily no damage to his vehicle.
We concluded that this site must be rented out with out the correct insurance, I cannot understand why he wouldn't give me his insurers details and mumble something about motability and royal sun under his breath...! He basically told me to try taking the car back as it is. I can't, I've already had the report completed and recieve the £250 NCD and good condition report off the deposit..
I have taken photographs of the site, before and after it being painted.
When I went Saturday night, it looks like someone else had hit the post too... as it was sat sideways in the long grass with a mound of earth in the pathway.
Sorry Mike, how do I add photographs?
Many thanks.
BB69 |
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20th August 2006, 14:38
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#17 (permalink)
| | Platinum Account Customer | Re: Had an accident? Quote: |
Originally Posted by ian_s You should have made him look where he was going tbh. There was no negligence attached to the driver as your son walked into his stationary vehicle. | Unless of course it had a boy racer exhaust on it that stuck out an unreasonable distance from the rear of the car which no one has commented on, also a touch harsh I feel esp as the poor lad has a nasty burn on his leg.
I suggest has the car had a standard exhaust on it he would have not been able to get his leg anywhere near it, well you cant a most modern cards anyway |
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21st August 2006, 13:42
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#18 (permalink)
| | Basic Account Customer | Re: Had an accident? Quote: |
Originally Posted by Rich44 Unless of course it had a boy racer exhaust on it that stuck out an unreasonable distance from the rear of the car which no one has commented on, also a touch harsh I feel esp as the poor lad has a nasty burn on his leg.
I suggest has the car had a standard exhaust on it he would have not been able to get his leg anywhere near it, well you cant a most modern cards anyway | But then the car owner could push the blame onto the maker of the exhaust for selling an item which is not fit for use on public highways. I am not being pedantic here, merely trying to explain that proving negligence in this instance is nigh on impossible. |
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23rd August 2006, 01:24
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#19 (permalink)
| | Platinum Account Customer
Watch out, there are Claims Touts about! | |