Hit head on by a 4x4, car is a total write off...

[bmflex]

Hi all, i was involved in a serious car accident last night and would really appreciate some advice.

 

I was driving home from work on a small A road, and was approaching a bend in the road. An oncoming vehicle (4x4) was travelling around the bend and clipped the rear end of the car in front of me (approx 25m). The car in front span off the road, and the 4x4 launched into the air, colliding with my car head on, on my side of the road. I managed to pull myself out of the driver window and onto the floor. Ambulance and Police arrived at the scene and took statements from drivers and witnesses.

 

The paramedic let slip she was very surprised i had survived, as my car was practically destroyed. Luckily i drive a 5* crash tested car and frankly it saved my life. I had the paramedic take pictures on my phone (as i was in a neck brace strapped to a board). The Police also took pictures.

 

My car however is a lease car, and i am now worried that the pay out from the other drivers insurance will probably not cover the remaining payments and residual value (as i do not have gap insurance).

 

I was checked at hospital, who cut my clothes off me, x-rayed me but i have no broken bones, just several cuts, bruises and lumps just below both knees these size of footballs where my dashboard crushed my legs on impact. Aside from this i am very sore, my teeth hurt, i have marks from the seatbelt and my eyes, hands and torso were full of glass shards. At the time i was in shock, but the day after i now have pain and coughing when beathing in deeply.

 

Any advice would be appreciated, namely:

 

How can i cover the deficit between their insurance payout and the debt owed?

Can i claim for any personal damages and injury?

I am a contractor, and as such i cannot get paid if i do not work. Can i claim my daily rate as part of the damages?

 

Any other help would be greatly appreciated.

Edited February 12, 2011 by bmflex

[TillyGT]

Hi

Sorry to hear about your accident. Sounds awful.

You say your vehicle is a lease car which means that you are not the offical registered owner of the vehicle so have no loss to claim for vehicle damage. I would contact the leasing company to advise them of the accident and let them advise you on the best way forward on this matter.

If however you hold the V5 for the vehicle and have it insured as your own and is financed on hpi then im affraid you will have to cover the defecit if no GAP insurance is in place. I would speak to your insurer if this is the case. It may be better for you to claim directly from the at fault parties insurer as this way you may get more from them than your own insurer. This is subject of course to the at fault driver accepting liability for the accident which in my experience is going to be your first battle.

You can claim for personal injury as the accident was not your fault. I recommend you find a good PI Solicitor. I could give you details of two who seem to do whats right for the claimant rather than for themselves but I am not sure if recomendations are allowed on this site. A solicitor will also claim for loss of earnings as a result of the accident for you but you will need to provide proof that you have indeed lost earnings.

I write this response based on English law and this may differ for Scotland or Northern Ireland.

Good Luck with your claim

[alistair.long]

Any other help would be greatly appreciated.

How can i cover the deficit between their insurance payout and the debt owed?

Can i claim for any personal damages and injury?

I am a contractor, and as such i cannot get paid if i do not work. Can i claim my daily rate as part of the damages?

 

While reading it there are some questions, how is your car leased? is it HP or rented? either way if you tell them you will get a new car for free as any rental agreement is insured so you therefore can claim a new car from their insurance. unless its on your name and insurance, in which case you can get a similar hire car as a replacement. Depends on your contract

 

You can claim for the clothes cut.

 

I trust you are getting pain killers as your knees will hurt for a long time and will take a long time to recover. Physio and MRI is what I recomend.

 

Deficit between insurance for the car and the debt owned? Do you mean the car has been writen off and you are not going to get enough to pay the remainder on the lease car? The law says you should be put in the same position as before. To me that means you can buy another car of the same age as your car and type or get the figures and show them to your Solicitor, that will be your payout for the car. The payments that are still outstanding can not be given to you, but you will receive loss of earnings to pay for them. Make the company aware if you have a finance agreement.

 

You can claim for personal injury, I estimate your claim easily over £8k, so dont worry if your claim takes ages. as long as the police report says not your fault you will get paid. But donot go mad on spending because you are suppose to mitigate your losses.

 

As a contractor you need to prove your income, a p60 from last year should be good enough or a Inland Revenue tax docs. assuming you had the same contracts.

 

Did you get the Police conclution to how the accident happened?

[papasmurf1cx]

What an awful situation. Are you 100% sure the doctors haven't missed something???? Internal??? If over the next few days you don't feel right return to the hospital.

 

Regarding the PI.... keep a log of expenses that you spend from this point on and keep receipts eg taxi if you can't drive, new clothes if you can't wear existing clothes, you get the idea. If you think it is connected to the accident keep it, log it and write a short reason why the expense was necessary.

 

Your injuries seem rather mild from what you have written, however these are early days and you don't know whether your will suffer any psychological problems. Near death experiences have a nasty habit of affecting you as you recover and can last for ever. Be aware of things like unable to sleep, unnatural startle reflex reliving the accident that sort of thing, the list is endless, but again note it as you realise there is a problem you will be asked way in the future.

[sailor sam]

Not being funny but if you sustained all these injuries 'last night', how have you managed to create this thread? Wouldn't you have still been in hospital?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[ScarletPimpernel]

Not being funny but if you sustained all these injuries 'last night', how have you managed to create this thread? Wouldn't you have still been in hospital?

 

 

 

At A&E there would have been x-ray and possibly other imaging to exclude c-spine injury; no fractures are decscribed, nor was there any significant head injury, and examination would exclude any significant internal injury. The symptoms of pain on inspiration are consistent with a seatbelt injury. Nothing would be gained by keeping OP in hospital and it would be quite appropriate to send him home to recuperate.

[ScarletPimpernel]

I trust you are getting pain killers as your knees will hurt for a long time and will take a long time to recover. Physio and MRI is what I recomend.

 

I cannot think think how you might have arrived at such recommendations. Unless, of course, you are a doctor and have examined the patient...

 

OP is best advised to follow the advice of those responsible for his care.

[TillyGT]

 

You can claim for personal injury, I estimate your claim easily over £8k, so dont worry if your claim takes ages. as long as the police report says not your fault you will get paid. But donot go mad on spending because you are suppose to mitigate your losses.

 

How on earth have you arrived at over £8K without seeing any details of heads of claim or a prognosis period on sustained injuries. You should not be commenting on something you know nothing about. Also, police never comment on liability. A police report only states facts of the incident.

[EmKay]

I really do sympathise with you. What a horrible thing. I won't drive anything less than a 4* since my accident...if id have been in my little banger I wouldn't be here either.

 

Go to see your GP. Explain why when you book and if possible ask for a double appointment. Hospitals tend to deal with the most obvious/urgent things and a nice, calm assessment by your doctor now that you've come back to earth would be a good idea. It'll put your mind at rest, and at some point for your PI claim they will ask to see your medical records.

 

The 'GAP' can probably be claimed for as 'uninsured losses'. Either than or you'll have a like for like replacement and continue paying from where you were. I don't see why you should end up out of pocket, but get a good solicitor onto it and make all the documentation you have available to him.

 

Now, ring your doctor, get a cup of tea and relax. You've had a hell of a couple of days! Look after yourself

[Pogo_Stix]

yes, go see your GP