Royal Mail Hit My Car - And Failed To Stop!!!!

[andie_303]

Last month I was stationary at traffic lights on red and I was hit from behind by a Royal Mail van. As the lights had turned green and I was at a busy junction I turned and looked at the Royal Mail driver and she waved with her had to turn left. I was turning right but quickly changed signals and turned left. Once clear of the junction I pulled to the side of the road and much to my horror watched as the lady in the Royal Mail van drove around me and drove off!!

 

I was not quick enough getting back in my car and following her - she had disappeared however I got her licence plate and immediately called Royal Mail and the police reporting her leaving the scene of an accident!

 

The police attended and made a report but as the damage was relatively minor (dent and scratched paintwork) they told me to contact Royal Mail to get it sorted but if I needed their report to ring them and they would get me a copy - I think this was code for we are not going to investigate the leaving the scene!

 

Anyway I call RM and I was told that someone would call me later that day as they had to wait to see if the lady driving reported it or not. I called that afternoon as they hadn't called back and was told she had not reported the accident but her manager was giving her to 9am the following day to admit it to them and to call the next day.

 

I call the next day and am issued an accident number and am told that someone will call me from their insurance company to see about repairs.

I ask if the woman reported the accident and I am now told they can't tell me that - yet the had previously told me that she hadn't???

 

Their insurance people call me and ask me to get a quote for the fixing of my car which I have done and they have agreed to reimburse this cost.

However my question is really - can I claim from Royal Mail for further expenses.

 

The day this accident happened I was on my way to work - I was 3 hours late after having to stop to sort everything out can I claim for this time off?

Also the company that are going to fix my car will need it in their garage for 2 days as they are having to spray the whole rear panal and said they need to leave it to dry properly overnight etc canI claim for these 2 days I will need off??

 

I know this probably sounds petty but at the end of the day this woman did not stop when she was aware that she had caused an accident and this has ended up costing me money for her negligence.

 

Perhaps I have a case for compensation for the distress this has caused - I dont know???

[citizenB]

I am not able to advise you, but I am sure there will be someone who can. Just bumping your thread for you.

 

I am also not certain you are in the correct forum to get best advice, so I have asked a site member to advise on that for you.

[andie_303]

Thanks - I didn't think so but couldn't really find an area I could live in with this thread

[citizenB]

I will move you to Parking and traffic officences, lets see what happens there

[patdavies]

 

Also the company that are going to fix my car will need it in their garage for 2 days as they are having to spray the whole rear panal and said they need to leave it to dry properly overnight etc canI claim for these 2 days I will need off??

 

 

Yes, you can claim for your consequential costs, providing that you can prove them and not just pluck a figure out of the air.

 

I can't see why you need 2 days off; get a courtesy/hire car at RM's expense.

[andie_303]

I asked this they said I cannot have a courtesy car as I drive roughly 300 miles a day and they would not insure me for business purposes??

[wheelergeezer]

Business or not. Do you normally use a car during the day at all? ifd so, then you hire an equivalent sized car and add that to your costs. It isn't your fault that she hit your car, so why should you be inconvenienced at all?

 

As for the initial 3 hours of work? I cannot see what took 3 hours. You said she didn't stop and the damage was minor. Why couldn't you go to work for 3 hours? Nobody's life was in danger and all it took was a phone call.

[andie_303]

Wheelergeezer - I hope you are not insinuating I am lying as that is very much an insult - this took more than "just a phone call" I had to await the police arriving at my residence to make a report for what is after all a criminal offence as she failed to stop at an accident - relatively minor or not!! I then had to speak with Royal Mail and my own insurance company - I then had to get to work in rush hour traffic instead of the usual time I would have left my house which added additional time on and therefore this resulted in my not arriving at work until 3 hours after I would have been there.

[wheelergeezer]

Keep your knickers are darling!

 

This was NOT crime of the year. To you it is unpleasant of course, but in the great structure of criminality, this was right at the bottom of the ladder as far as the police were concerned and I can bet they will not do anything in regard prosecution. The damage sounds so negligable that it is entirely possible the driver didn't realise they had caused any. I am not excusing them at all, far from it, but don't blow it out of al proportion and above all, don't lose your rag with someone offering genuine advise on a public forum.

 

You could have reported this to the police anytime. you could have contacted your insurance company when you got home. You could have called Royal mail anytime too.

 

If you say this all made you 3 hours late then obviously it did. Nobodyu accused you of anything old dear, so calm down.

 

Oh gawd, no he will think I am suggesting he has taken something. Actualy, that might be a good idea Valium perhaps!:grin:

[andie_303]

Sorry I must have missed your "help"

 

And please do not come on here under the pretense of offering such and then belittle and condescend people - perhaps you need to reassess how you structure your responses.

 

That is not what CAG is about - you have a right to an opinion and to make a point but you need to be aware of how your comments can be construed.

 

And frankly your last post says it all - not the behaviour or attitude that helps anyone.

Maybe you are better off keeping the opinions you have to yourself

[pt2537]

Please keep it civil people.

 

If comments start getting personal or off topic then i will have no choice but to moderate the posts:)

[andie_303]

Thanks for looking in PT

[pt2537]

Thanks for looking in PT

your welcome:)

[wheelergeezer]

Sorry I must have missed your "help"

 

And please do not come on here under the pretense of offering such and then belittle and condescend people - perhaps you need to reassess how you structure your responses.

 

That is not what CAG is about - you have a right to an opinion and to make a point but you need to be aware of how your comments can be construed.

 

And frankly your last post says it all - not the behaviour or attitude that helps anyone.

Maybe you are better off keeping the opinions you have to yourself

 

As you missed it, here it is again....

Business or not. Do you normally use a car during the day at all? ifd so, then you hire an equivalent sized car and add that to your costs. It isn't your fault that she hit your car, so why should you be inconvenienced at all?

 

Thanks for looking in too PT. I was very hurt by the OP's last comment. I appreciate your offer to remove his post, but it won't be necessary this time.

[pt2537]

three off topic posts removed.

 

no more insults or posts designed to offend please!!

[Zamzara]

You could have reported this to the police anytime.

 

Actually it must be reported as soon as possible.

[Josie8]

Actually it must be reported as soon as possible.

 

 

It is an offence to leave the scene without exchanging details. It must be reported as soon as is reasonably practicable or within 24 hours to a police station otherwise regardless of who is to blame you can be charged.

[patdavies]

reasonably practicable or within 24 hours to a police station otherwise regardless of who is to blame you can be charged.

 

There is no 'or' in there, nor is there necessarily a need to attend at a Police station

 

RTA 1998 s.170

(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—

(a) must do so at a police station or to a constable, and

(b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

[green_and_mean]

170 Duty of driver to stop, report accident and give information or documents

(1) This section applies in a case where, owing to the presence of a motor vehicle on a road, an accident occurs by which—

(a) personal injury is caused to a person other than the driver of that motor vehicle, or

(b) damage is caused—

(i) to a vehicle other than that motor vehicle or a trailer drawn by that motor vehicle, or

(ii) to an animal other than an animal in or on that motor vehicle or a trailer drawn by that motor vehicle, or

(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land.

(2) The driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

(3) If for any reason the driver of the motor vehicle does not give his name and address under subsection (2) above, he must report the accident.

(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

(5) If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of the vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—

(a) to a constable, or

(b) to some person who, having reasonable grounds for so doing, has required him to produce it,

the driver must report the accident and produce such a certificate or other evidence.

This subsection does not apply to the driver of an invalid carriage.

(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—

(a) must do so at a police station or to a constable, and

(b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

(7) A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within five days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.

(8) In this section “animal” means horse, cattle, ass, mule, sheep, pig, goat or dog.

[andie_303]

Hi

 

In March I was hit from behind by a Royal Mail van - as the driver failed to stop I initially contacted my insurance company and then Royal Mail.

 

To cut a long story short I cancelled my claim with Churchill the same day as their service was shocking and Royal Mail admitted liability straight away and offered to pay for my costs so I didn't need my insurance company to pursue anything.

 

So my policy comes up for renewal in April and I transfer to Sheilas Wheels as cheaper - I declare 4 years no claims bonus and ask Churchill for the proof.

 

I get sent it however they show 4 years NCD but they also show a NON FAULT claim for the accident in March.

 

So I think I ought to phone Sheilas Wheels and explain this was not actually a claim etc.

Then I am told that even though the claim was not my fault and it wasn' even a claim anyway my polciy will now increase by £60!

 

I do not understand how I can be penalised for an accident that was not my fault and no claim actually pursued.

 

I asked then to cancel my policy as I could get a cheaper quote and they said I would have to pay an early cancellation penalty of (funnily enough) £60 as I am 2 days out of the 14 days cancellation period.

 

I have spoken with Churchill about how they can say I made a claim when I didn't and they say there proof is automated forms and that they cannot prevent it from appearing on there.

 

So either way I have to pay £60 for a non-fault non claim.

 

Can anyone think of anything I can do??

 

Thanks

[Mossycat]

It all comes down to how the Insurers calculate premiums. Some take into account claims (ie those you have made) and some include accidents (those you have been involved in).

 

It sounds to me like this insurer calculates premiums based on accidents which unfortunately you have had.

 

I would imagine that when you filled in your proposal form you were asked about previous accidents/claims/convictions, did you declare everything at that time?

 

Secondly, did you provide the proof of NCD that you were claiming?

 

Mossy

[andie_303]

I was asked about previous CLAIMS - this was not a claim so I did not put it down.

And yes I did provide my 4 years NCD

 

My point is - this was a non-fault accident that did not go through my insurance and no claim was made.

 

I do not understand how they can then justify increasing a premium and not allowing me to cancel because of this.

[Mossycat]

Re-read my original reply, pay attention to the bit that mentions ACCIDENTS.

 

A CLAIM is something that you make

 

An ACCIDENT is something that happens

 

You may not have made a CLAIM, but you were involved in an ACCIDENT, which as I explained earlier is something that SOME insurers take into consideration when calculating premiums.

 

Is that clear enough for you now?

 

Mossy

[andie_303]

I don't think the attitude is called for really...

 

You asked if I had declared it etc

 

I said it asked me to declare CLAIMS - this was not a claim and therefore not declared.

 

So how can they then increase for an accident?

 

Surely if they judge their premiums on accidents it would ask for the number of ACCIDENTS you have had etc not the number of CLAIMS

[Mossycat]

A standard question asked by insurers is

 

Have you had any ACCIDENTS, claims or convictions in the last x years.

 

Were you asked that (hint it's a Yes No answer)

 

Mossy