Had an accident I really need some advice...

[waynedear]

Not happy at all, Yes I hold my hands up I went into the back of of a stationary vehicle.....But this is how the story goes.....

 

00:30 on 30th July I was dropping a friend off at his home to get to his house I had to come around an L bend, as I came around the bend I ran into the back of a stationary taxi.

 

The driver was asian and absolutley refused to talk to me, I asked him why he had parked a vehicle on a parked bend and he ignored me, he then started to take my registration number, there was very little or no damage to his vehicle as the bend only allows you to come around at roughly 15mph, I asked him for his details and again he ignored me.

 

Now my next statement may sound a little racist, but I am not, as I am a british white guy who got married to an asian girl and went to pakistan to do it.

 

When the driver refused to talk to me I said to my friend lets go as I had a fear, as i have seen it before with asian taxi driver's, that he would get on the radio to his buddies and within minutes there would be loads of taxi's come to his aid, I didnt want to hang around for that....

 

I mentally took a note of his registration plate and drove 300 yards up the road to drop off my friend, I then immediately rang the Burnley Police station to report the incident.

 

The police was not interested and didnt even ask me for my name, 5 mins later the police rang me back saying that the passenger in the taxi had reported the incident.

 

Within 20 mins a police officer arrived at my house and looked at the damage to my vehicle, he also informed me that I left the scene of an accident without giving my details, this is apparently punishable by 10 penalty points and a fine, also, he could charge me for driving without due care and attention.

 

I informed the officer of my concerns as the taxi driver refused to talk to me and that it was me who rang the police within minutes offering to give them my details, the officer ignored this and took my details and left......(No common sense in my eyes.)

 

I have informed my insurance company, Liverpool Victoria and they have basically told me that I do not have a leg to stand on, as it was me who should have seen him and they are going to pay out.

 

I spoke with a representative yesterday and admitted that it was my fault as far as running into the back of the vihicle was concerned, there is no diputing that fact, but surely there must be some common sense shown here as in my eyes, if i park on a blind spot on a L bend I would expect to be held in some way responsibele for causing an accident would I not.

 

Anyway I am gonna dispute this claim as my insurance company just want me to roll over and die, if i lose my no claims bonus in the long run then I will accept this, but there is something not right here, I am not soley responsible for this accident and as the lady at the other end of the phone kindly asked me "what if it was you who was parked up and someone ran into the back of you", then i would like to think that I would hold my hands up and say that it really was a daft place to park and it's as much down to me as the other party......But thats not gonna happen is it?

 

Listen guys I know how good this website is and as helpfull yuou all are so any positive advice would be much appreciated. Thanks...

[ian_s]

The majority of the liability will rest with you, but there is case law with regards to parking on a bend, I will check when back in work for you. Can you draw a basic diagram and scan it in of the bend and position of the parked taxi?

You will lose your no claims bonus, but may be able to recover a percentage of your excess depending on case law and if your insurance is willing to fight it, (probably not)

[waynedear]

Spoke with my insurance twice and they told me that im wasting my time fighting it, I just find it hard to accept that it was entirely my fault but am willing to accept it.

[lisamellor]

thats really horrible.

 

arent you meant to exchange details and why did the taxi driver not give you his??

 

i would query this as there are some taxi drivers in my area who arent who the badge says they are, so maybe he wasnt insured or it was his brothers taxi etc.

 

good luck !!!!

lisaxx

[waynedear]

The driver just blanked me for whatever reason, my wifes cousin wokrs for the council and they investigate taxis that apparently have accidents just before there 7 years shelf life is up, now I aint saying anything but the car was a V reg and the guy reacted very strangely, he parked in an unusual place.....All im saying is I aint going to win this but like everything else on this site, why should we just accept everything that is thrown at us, Ive done it for to long, from now on i will question everything and when i have to ill fight everything...........

[lisamellor]

its not the winning that counts its the taking part!!

 

good on you for not wanting to lie down and surrender.

 

small steps will take you to great places and everyone has to start somewhere.

 

and im sure you will learn loads along the way.

 

good luck lisaxx

[JonCris]

Not happy at all, Yes I hold my hands up I went into the back of of a stationary vehicle.....But this is how the story goes.....

 

00:30 on 30th July I was dropping a friend off at his home to get to his house I had to come around an L bend, as I came around the bend I ran into the back of a stationary taxi.

 

The driver was asian and absolutley refused to talk to me, I asked him why he had parked a vehicle on a parked bend and he ignored me, he then started to take my registration number, there was very little or no damage to his vehicle as the bend only allows you to come around at roughly 15mph, I asked him for his details and again he ignored me.

 

Now my next statement may sound a little racist, but I am not, as I am a british white guy who got married to an asian girl and went to pakistan to do it.

 

When the driver refused to talk to me I said to my friend lets go as I had a fear, as i have seen it before with asian taxi driver's, that he would get on the radio to his buddies and within minutes there would be loads of taxi's come to his aid, I didnt want to hang around for that....

 

I mentally took a note of his registration plate and drove 300 yards up the road to drop off my friend, I then immediately rang the Burnley Police station to report the incident.

 

The police was not interested and didnt even ask me for my name, 5 mins later the police rang me back saying that the passenger in the taxi had reported the incident.

 

Within 20 mins a police officer arrived at my house and looked at the damage to my vehicle, he also informed me that I left the scene of an accident without giving my details, this is apparently punishable by 10 penalty points and a fine, also, he could charge me for driving without due care and attention.

 

I informed the officer of my concerns as the taxi driver refused to talk to me and that it was me who rang the police within minutes offering to give them my details, the officer ignored this and took my details and left......(No common sense in my eyes.)

 

I have informed my insurance company, Liverpool Victoria and they have basically told me that I do not have a leg to stand on, as it was me who should have seen him and they are going to pay out.

 

I spoke with a representative yesterday and admitted that it was my fault as far as running into the back of the vihicle was concerned, there is no diputing that fact, but surely there must be some common sense shown here as in my eyes, if i park on a blind spot on a L bend I would expect to be held in some way responsibele for causing an accident would I not.

 

Anyway I am gonna dispute this claim as my insurance company just want me to roll over and die, if i lose my no claims bonus in the long run then I will accept this, but there is something not right here, I am not soley responsible for this accident and as the lady at the other end of the phone kindly asked me "what if it was you who was parked up and someone ran into the back of you", then i would like to think that I would hold my hands up and say that it really was a daft place to park and it's as much down to me as the other party......But thats not gonna happen is it?

 

Listen guys I know how good this website is and as helpfull yuou all are so any positive advice would be much appreciated. Thanks...

 

As you describe it I doubt you will win & your IC will settle. Any fight is up to them not you (it's in your policy terms that they get to choose).

 

Having said that I think you should mention to them a [problem] that's being run in the North West where vehicles are parked in places where there is every probabilty that they will be run into & the occupants then make a claim for compensation. They used to do it by getting in front of you then slamming on their brakes but that stopped because the insurance companies & the Police got wise. An Asian family where prosecuted & jailed.

 

Now I hear the [problem] is they just park up usually with a passenger or passengers to increase the amount of compensation & wait to be run into. Also it's odd that the passenger is claiming direct from you & not through the taxi's insurance

 

If you tell your insurance company about that they might just decide to have a look into what may be a [problem] claim.

[waynedear]

Just recieved the letter the from the passengers solicitors this morning, she is claiming all the usual whiplash injuries, which I find a joke, considering what speed i was doing when I hit the taxi, isnt there someway for doctors to tell if someone is pulling the wool over there eyes.....I know I sound like I am trying to make excuse out of excuxe, but I feel as though I have been wronged, I have admitted all along that I ran into the back of the taxi its everything else that is doing my head in...

[waynedear]

Just rang the insurance company, the girl I first explained things to including the [problem], was shocked and very sympathetic and gave me a number asking for a senior member of staff at head office I rang them and they basically just thanked me for making them aware of the [problem]......Im still getting screwed though!!

[waynedear]

Sorry Ian S I dont have a scanner.....Thanks to everyone for the help but looks like I'm rolling over and dying!!

[JonCris]

Just recieved the letter the from the passengers solicitors this morning, she is claiming all the usual whiplash injuries, which I find a joke, considering what speed i was doing when I hit the taxi, isnt there someway for doctors to tell if someone is pulling the wool over there eyes.....I know I sound like I am trying to make excuse out of excuxe, but I feel as though I have been wronged, I have admitted all along that I ran into the back of the taxi its everything else that is doing my head in...

 

1st let me say that whiplash can be a very serious injury. Also the most serious are caused during slow speed impacts usualy 5mph & above. The reason is that the head is snapped forward abruptly & it's when the head moves forward & not backwards when the whiplash injury occurs. And yes the consultant can discover whether the compliant is genuine or not

 

In other words if you see someone is going to hit you in the rear & it's safe to do so take your foot of the brakes & let your car come to a gradual stop

 

In a high speed impact the head is pushed back against the head restraint & the impacted car takes longer to slow so there is a less violent forward movement to the head.

 

I've already given my opinion & what your IC should look out for & whilst I sympathise you ran into the back of another stationary vehicle so have little to stand on

[waynedear]

Yeah I understand that which is why I am accepting liability aeven though I dont necessarily agree with it...

[Guest Mumofthreeboys]

Really sorry to hear this waynedear - it stinks of a conspiracy, not that that helps you.

 

Do you know the taxi firm this fella works out of - if you do, could you do some detective work on that front

[JonCris]

Really sorry to hear this waynedear - it stinks of a conspiracy IMHO, not that helps you.

 

Do you know the taxi firm this fella works out of - if you do, could you do some detective work on that front

 

He can but the best people to detect a conspiracy are the insurance companies because all claims are now being registered centrally & they will be the 1st to pick up on any pattern

[bbperk]

I just found this thread and would be interested to know the outcome because your story sounds similar to my wifes who also was involved with an ASIAN lady driver 2 weeks ago.

Here is the message I just posted to another thread on this forum.

My wife also hit the car in front about 2 weeks ago. She got out of the car as did the 3rd party and as there was no damage both exchanged details and both decided to leave. My wife had 2nd thoughts so she decided to take photos of the cars as we had a deposable camera in the glove box. Suddenly the third party got back into their car and miractulously got whiplash. Police were called as were paramedics and fire dept. They decided to take off 3rd party roof off to avaid 3rd further damage to neck until my wife said 3rd party had been out of car and actually taken a drink of water my wife offered. They then simply got her into the amblance and that was the last we heard until yesterday (Tuesday 8th 2007) a letter from 3rd party solicitors confirming claim for whiplash and they will be seeking medical advise. This is now ongoing so I am doing my best to photograph 3rd party going about daily routines with no problems. So it would be wise to not only photograph the incident but also everything around the scene including anyone in the location. I dont know how far insurance companies go to prove fraud but I think there is too much of this going on which is effecting not only our no claims but also our premiums.

[JonCris]

If your following the tp about & taking pictures you could be guilty of a criminal offence..............the least of which is harassment.

[bbperk]

Following the last posting, thanks for the comment and yes I understand what you say but isn't fraud also a criminal offence and it is not the tp who will be out of pocket. I have been told Whiplash is a very difficult condition to prove one way or the other but is also an easy condition to say you are suffering from it. A similar situation also happened to my daughter 2 years ago, also with an ASIAN. I am not racist BUT its always these people you hear about doing this kind of stuff.

[colbee]

waynedear

I sympathise with you up to a point, but that parked car could have been a pedestrian; and obviously you were unable to stop within the distance you could see to be clear.

The nature of injury and damage sustained is obviously another matter but in the absence of good evidence to the contrary e.g. the other car reversed into you, or clear unambiguous evidence of fraud by the other party or parties, it seems like you have to take it on the chin.