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Car Accident on Friday past and other party now concocting a get out story.

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Friday past has got to be my'vae diei', in the morning I buried my father and upon returning from the cemetery I was crashed into on my passenger side. I was on a one-way system as is common in most towns today, I was driving in the right hand lane and the other party was in the left hand lane.

 

As I travelled through my town centre, I noticed the person driving the car that eveuntally crashed into me shouting out his window and clearly irrate. I continued on my journey and then he pulled straight across the front of me and we collided.

 

Immediately he jumped from his car and sprinted around to my drivers side and started punching my window and attempting to get into my car and his language was that of a guttersnipe.

 

I was afraid to get out of my car and then I noticed a woman get out of the passenger seat and order him away.

At this point bemused I got out of my car and asked what was going on?

 

The woman then said that I had been antantagonising him!?? ....

I said what exactly was it I was doing and apparently I had raised my left arm and gesticulated towards this man!???

 

My head was already fried, so I said can we both get photographs of the cars in situation and then pull into roadside before calling the Police and exchanging insurance.

 

Before I had the chance to take a breath he immediately jumped into the car and moved his to kerb before I could photograph.

I left my car and took photographs off my car as it was and then pulled to kerb side.

 

At this point, I asked why he had moved his car and he launched into another foul mouthed abuse,

"I have two effing kids in that car"...... "You effing c--t"!

 

Again he was ordered away by the woman who was decent,

I said we both call the Police again and as usual the first question was

"Is anyone injured?" ..... "No" ...."

Then just exchange insurance and photograph other parties and their cars."

 

So, after going home I thought and wasn't happy with the Police response as this individual had threatened to "kick the eff out of me". I remembered that the accident had happened outside some business premises and decided to call in and see if anyone had witnessed the event.

 

The first business recognised me straight away and asked if I was OK?

He then said I have CCTV outside that filmed the whole event and on my mobile I have a photograph clearly showing his car pulled across me.

 

He then stated the member of his staff had filmed him attacking my car, punching the window several times, kicking my door and attempting to gain entry to my car!

 

They both stated that they would be delighted to give statements and provide their photographs, video phone footage and cctv to the Police or insurance.

 

So, with restored faith in mankind I returned to the Police station and asked if I could make a complaint against this driver and the same Constable I had spoken to earlier arrived at front desk and he immediately said I thought we had resolved this?

 

He then said that the lady whose insurance policy he was driving under had told him that I had pulled across them backing his story and I was saying the opposite!!

 

I told him about the business and the photographs, camera phone & cctv footage and he got annoyed!!##????

Stating "You are not hurt, none of them are hurt so let the insurance handle it!!".

 

Thanks, for taking the time to read and if anyone has any advice it would be welcomed.

Mainly, I just wanted to get the experience written down while it is still fresh in my mind.

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It's a non injury RTC so the police aren't going to be that interested I'm afraid.

 

That said however, your insurance company are going to be very interested indeed in any supporting evidence that you have (or that you can give them details for). The more that they can show that the other driver was at fault the less it will cost them, so they'll be on to your evidence like a rat up a drainpipe!

 

Explain everything to them and give them all the details of independent witnesses, especially as there are CCTV and pictures. Then just let them deal with everything, that is why you pay them a small fortune every year after all. :thumb:

 

It won't help with the d**khead in the other car, but at least you'll have the satisfaction of knowing that his insurance is going to sky rocket come renewal time :evil:


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Yes agreed, the old bill are not interested in this sort of policing nowadays, it doesn't make them any profit.

 

Instead gather all of the evidence and have your insurance company hammer this brainless muppet.

 

Sorry to hear of your dads passing, your car's a lump of metal, and this brainless fool was clearly annoyed at something else, and he simply vented on you, he's a sad man, living his sad life so angry, forget him, take pleasure in the knowledge that he hasn't got a leg to stand on.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks guys, I almost started crying when the shop keeper and his assistant said that they saw everything and would provide statements.

 

My insurance guy was lovely too and said he would play his cards close to his chest and wait and see if the two other parties confirm each others story and then he would show them the picture of his car crashed into mine and see what he says then. If he continues to dig then the cctv will be presented.

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Revenge is a dish best served cold.

 

I like your insurance guys style :lol:


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Keep on top of things because despite good evidence that you haven't done anything wrong,

insurance companies like to settle at 50/50 so both drivers can pay more for the following 5 years.

Call on a daily basis and record all calls.

Do not delay sending them all evidence.

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I would be returning to that shop and getting preliminary statements because your insurers wont be bothered to unless they are forced by other circumstance.

 

You may well find them happy to go knock for knock because the cost of investigating is more than the cost of settling and that comes out of your pocket whereas a proper investigation costs them money that is seldom recovered from the other party

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Thanks guys,

I have been on the phone to my insurance again this morning regarding a hire car and have been told that I had opted out of the hire car option and would have to hire my own car.

 

They provided Enterprise discount code and then called them.

There was a strange conversation as they told me this was an anomaly and they didn't recognise the code!??

 

Called back Aviva(My Insurer) and after an hr waiting to speak to someone,

I finally got to speak with someone who said they would call Enterprise.

 

Enterprise then called me back and told me that today to Fri would be £146 for an Astra!!?

I asked what kind of discount the Aviva code got me and the fella became very flustered and started talking about picking me up!?

 

Family flying back this afternoon and they want me to travel 60 miles diversion to pick up car so as to drive family to airport!!???

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Ah yes, I see insurance companies are still the same law unto themselves, you wonder why you pay so much for the privilege of insurance, when you end up doing their work for them...make my teeth itch.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ah yes, I see insurance companies are still the same law unto themselves, you wonder why you pay so much for the privilege of insurance, when you end up doing their work for them...make my teeth itch.

The OP stated that they did not have the Hire car option on the insurance document so unusually in this case the insurance company have done nothing wrong. We don't take the option as we have a second car which is an old banger but still roadworthy.

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The OP stated that they did not have the Hire car option on the insurance document so unusually in this case the insurance company have done nothing wrong

 

Missing the point entirely.

 

I have been on the phone to my insurance again this morning regarding a hire car and have been told that I had opted out of the hire car option and would have to hire my own car.

 

They provided Enterprise discount code and then called them.

There was a strange conversation as they told me this was an anomaly and they didn't recognise the code!??

 

Called back Aviva(My Insurer) and after an hr waiting to speak to someone,

I finally got to speak with someone who said they would call Enterprise.

 

Enterprise then called me back and told me that today to Fri would be £146 for an Astra!!?

I asked what kind of discount the Aviva code got me and the fella became very flustered and started talking about picking me up!?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Not missing any point as Aviva did not have to supply a discount code and it was not their responsibility to sort out a hire car.

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Not missing any point as Aviva did not have to supply a discount code and it was not their responsibility to sort out a hire car.

 

Whilst this is correct. The fact remains that because Aviva did supply a discount code, presumably because Aviva have some sort of a deal with Enterprise, then the OP would reasonably expect to receive a discount.


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I hired a Ford Focus estate from thrifty the other week and that cost me about £120 for the day. Enterprise are one of the more expensive companies out there for short term hiring. Have a search online to see if you can find cheaper (e.g. Budget, Thrifty)

 

Alternatively (and this goes against every fibre of my being), OP if this isn't already sorted and you really need a car, maybe ask Enterprise if they will consider providing you with a vehicle on a credit hire basis... and find out what that would entail...

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Just an update, and a thank you for advice and support offered thus far. After spending two weeks from the day I buried my father without a car, my insurance finally provided me with a hire car and I have had this car ever since, I believe its now four weeks just passed.

 

After digging my heels in over liability and arranging two independent witnesses to provide statements and the CCTV to prove it was a nonfault accident? I have been told this morning that My insurer (Aviva) only bothered their backside to chase up one witness statement and didn't bother chasing up the other and nor did they chase up the CCTV!!!?

 

I told them that it was on the basis of these two statements & CCTV that I had been provided with the hire car as they had on the basis of said statements, deemed it a nonfault accident and as a result provided me with a hirecar when I had opted out of hire car on my original policy!

 

So, two weeks ago my car was assessed and has been written off, I haggled over the settlement price and eventually reached a reasonable settlement price. Copart now own my old car and will pick it up this tuesday coming.

 

So, back to the call this morning, I speak to a fella I have previously spoken to and he was the fella who deemed in a previous conversation as nonfault. I was then told that the amount offered will be minus my excess, I said that I was previously told that my insurer had deemed my accident non-fault, to which he then stated that the other partys insurance had not admitted liability yet!!!??

 

I am at this point begining to get annoyed and told them that they had better chase up the other statement they didn't take and pray the cctv has not yet been taped over and then tell the other insurance to stop dragging their heels.

 

I was then told that I would now lose my 17yrs NCB !!??????

 

A heated discussion then ensued, the close of which I have told is that my NCB will remain but my excess I will have to claim back from the other partys insurance!!

 

I am at the stage where I can't believe a word my own insurer is telling me, and suspect that in the renewal time for my insurance I may discover a whole new can of worms?

 

Any advice welcomed as always.

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you may have to get the CCTV copy yourself and start a civil action against the other party and their insurer. That will make things move along. Your clai will include all of the excess etc. Your insurer should be doing this but they are all the same as it is just a cartel

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Insurers are correct. It is an own damage excess, which you try to claim back off the third party driver. Any accident is deemed fault, until the third party insurers on behalf of their drivers admits it was the third parties fault.

 

I have to say that so far you do appear to be doing quite well pushing the Insurers. Many Insurers would be noting the policy that NCB will be reduced ( unless protection applies) by 2 years from renewal. The 2 years reduction would be from their standard maximum, so a 5 year NCB max used for the Insurers scheme would reducedto 3 years NCB from renewal. Obviously as soon as the third party insurers admits 100% fault and pays the claim, then the NCB is reinstated,

 

Be wary of the hire car terms. If for whatever reason the third party insurers refuse to pay the full hire car costs, then you will be invoiced for the relevant amount. Even if the third party insurers admit fault, does not mean they will pay for all of the hire car costs.


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Thanks Ericsbrother and Uncle B, Ericsbrother I will call with the shopkeeper on Monday and see if I can get a copy of the cctv myself and if my own insurer continues to do nothing I will instruct my own solicitor as you advise.

 

Crikey Uncle B, I thought my own insurer was treating me awful, I mean why do they get away with not doing their job? I found the two independent witnesses and cctv(fingers crossed) and they have failed to gather 66% of the evidence I spent time gathering!??

 

This hire care does worry me now that you mention it and I will speak again to my solicitor on tuesday. He previously told me that the fact they have both dragged their heels over liability and my own insurer over writing my car off is down to my insurer and the other party's insurer and not me. But your advice does concern me, so I will ask specifically.

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WB

 

I think your service expectation and what an Insurance company can deliver, are not matching. If each Insurance claims advisor handles say 30 claims a day, including some urgent cases e.g legal situations, serious accidents, there is a limit to what can be done. They are not going to be taking too much time making contact with witnesses, getting hold of CCTV etc. Claimants wanting to achieve 100% non fault are going to have to do most of the legwork.:-)

 

If you were a VIP client with a dedicated claims handler who had more time per case, you might receive the service level to match your expectation.


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That makes sense Uncle B, alas im just an average Joe Bloggs.

 

Thanks again, I have leg work to do!

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Am I being silly?

 

As detailed above my car has been written off and sold by my insurer to Copart.

 

I was told the payment/settlement for my car would be in my account Friday afternoon,

 

today is Tuesday and the money is still not in my account and Coparts are getting somewhat impatient.

 

I have told Copart that I will give them the car once I am in reciept of payment from my insurer.

 

Am I being silly?

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Not in the slightest.

 

I'd be telling CoPart (next time they ring you) if they want the car, then they had better get on to their mates at the insurance company and get them to pay you.

 

Until you've been paid, the car is still your property. Strictly speaking, the insurance company have sold CoPart a vehicle that doesn't belong to them and have (effectively) defrauded CoPart of the money.

 

 

If CoPart are happy to pay out money to buy something that doesn't belong to the seller, please tell them that I have the Statue of Liberty up for sale for a very reasonable price. If they buy it we'll go 50/50 :lol:


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Thank you DragonFly1967, ....how much are you looking for the Statue of Liberty then!? Lol

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Gotta be worth a couple of million just for scrap value. The price of copper is quite good. lol


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this is a textbook example of performance of a contract, and so is the car sale. teh agreement can be made and it isnt fraud but they cannot perform their part of the bargain so copart have a claim against the insurer if they wish.

 

Same with DF's sculpture, you can agree to buy it but until he can show that he can hand it over to you (or not) then you dont have to pay for it as he cant perform his half of the contract so he wont be suing you for not paying up. I would insist on cash on delivery to my house if I were you

Edited by honeybee13
Paras

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