Had an accident?

[mikey]

I have several years of claims handling experience and if anybody needs any advice regarding their claims then feel free to give me a shout. Please note i am not touting for injury claims etc, im just trying to help people.

[mikey]

Bump

[claims32]

same here! been in the industry for 19 years.

[mikey]

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?

[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

[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

[mikey]

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!

[mikey]

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.

[waynedear]

Hi mikeycan you please have a look at my link and offer me some advice...Cheers

http://www.consumeractiongroup.co.uk/forum/insurance-assurance-companies/21248-had-accident-i-really.html

[ian_s]

replied on your thread waynedear

[ian_s]

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.

[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

[mikey]

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?

[bb69]

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

[mikey]

Hi,

not sure how you add photographs but if you can get this done I can look into a bit more. Im going to use the photo's to see if tp has acted negligently.

[shiers123]

Hello there Mikey- what a generous chap you are to offer your advice.

Many thanks for this.

 

Could you please have a look at my issue?

 

Insurance/Assurance companies > car insurance claim - how to speed it up?

 

Laura

[Rich44]

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

[mikey]

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.

[Bookworm]

If you were to take this to small claims court you would still need to prove negligence against the third party.

 

Erm, not quite true.

 

If OP were to take this to small claims court, it would be up to the judge to decide on the balance of probabilities on the following:

 

- did the stewart in fact say to put it through his insurance or not?

- were the markers sufficiently visible?

- was lighting sufficient for its purpose?

etc...

 

and would then decide accordingly.

 

What I can't understand is why OP hasn't simply passed it to Motability insurance to pursue. The car is after all a lease car, and I fail to see why OP can't simply say to Motobality: Here's the details of the stewart, he has refused to cooperate, you deal with it. It is a fully comp insurance, so I don't see why any insured person, least of all a disabled one, should be doing their legwork!

[ian_s]

 

What I can't understand is why OP hasn't simply passed it to Motability insurance to pursue. The car is after all a lease car, and I fail to see why OP can't simply say to Motobality: Here's the details of the stewart, he has refused to cooperate, you deal with it. It is a fully comp insurance, so I don't see why any insured person, least of all a disabled one, should be doing their legwork!

 

I too wonder why you havent passed this on, I cant see you winning it tbh, you will lose your 75xs and your £200 good condition bonus which has nothing to do with NCB, the RSA Motability scheme does not give NCB at all, they will only issue a letter detailing how long you have been on the scheme and a list of accidents.

[buzby]

Sort of - but would be grateful for the team's consideration;

 

A few weekends ago the weather was reasonable enough for me to treat my fences with some spray-on preservative for the coming winter (the fence is 1.8m high and made of wood. Shortly after the mamoth task was completed, the girl friend of my next door neighbour comes to the door and says I've 'painted' his car. I told her not to worry, as I'd be out with a bucket of water to clean it up - I explained it wasn't paint but a coloured wax treatment for wood. By the time the kettle had boiled and I had a pail of soapy water and sponse at the ready, I go to my neighbours drive to find the car gone!

 

Later in the week I speak with the neighbour who tells me he had a devil of a job removing the 'paint' and his car bodywork is badly damaged. It transpired that the girl firend went off on a short trip before going to a car wash - this caused the wax to dry making the car washing innefective. He then tried to T-Cut the paintwork in an effort to remove the wax, and has ended up damaging the bodywork further. All this time the girlfirend didn;t tell him it was only wax and not paint.

 

The fence treatment manufacturers (Cuprinol/ICI) advised the recommended removal method is lots of warm soapy water, any stubborn marks will go with weathering.

 

Because of his botched DIY approach to removing the wax, my neighbour subsequently made a claim to his insurers, and said company is now chasing me for the full costs of restoration, which may include a respray. I'm more than indignant at this, as I fail to see why I should be held responsible for consequences not of my making.

 

Sure, I could pass the matter on to my house insurers and let them sort it out, but I feel there is a modest principle at stake, and if someone makes an 'accident' worse, then they have to take responsibility for their errors. Or should my insurers be forced to pay for an unjustified car respray because the neighbour (in reality) damaged his own vehicle.

[ian_s]

I would get ICIs advice in writing, then reply stating that you will reimburse the cost of washing the car, and not pay for his attempted repairs. Might be better someone with legal background on this one.

 

If one of our customers bodges his repairs and makes it worse then claims, we would pay for the cost of the original repairs, but he would have to pay for any costs that he has caused.

[buzby]

I got ICI's response in an email, and I've now followed this up with a letter requesting a formal reply. for info, on receiving a claim letter from the Car Insurers, I responded with all the relevant information, along with a cheque for £5.00 to cover the cost of a car wash. They rejected this and sent the cheque back. Assuming it comes to court, at least it could be seen that I attempted to make full restitution - I do home my insurer doesn't roll over....

[Bookworm]

Hmmm... I don't think it's that cut and dry (pardon the pun), tbh.

 

The fact is that you did, accidentally or not, spray his car. The g/f drove car to car wash, probably with the idea that better to wash it whilst still wet, not necessarily realising that the stuff would dry before getting to the carwash.

 

I suspect, but I must stress that it's only a suspicion at this point, that there is a case of negligence, and that it points at you. Regardless of what happened afterwards, you were careless by spraying paint on the car, and I think that no matter how you try to justify it by saying they should have listened to you, or let you wash it yourself, there is no guarantee that the car paint would not have been damaged anyway, whatever the paint manufacturers might say to the contrary. The point is that there is no way of checking now, and your action is still what precipitated the chain of events.

 

I hope for your sake that I am wrong, but I think that the way it works, the bucks stops with you. Let us know what happens, I'd be very interested to know.

[Rich44]

But surely there was some duty to allow him to rectify the problem once he was made aware of the situation?

 

From the sound of it the car wash didnt do the damage attempting to remove the spray with a caustic substance caused the damage so surely that should be negligence of the owner too.

 

If I had something like that on my car I would have been taking professional advice before butchering the paint on my car