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PhilMorrison
16-07-2003, 15:11
A bit more than a month ago, I was working on the car on the roadside, replacing the diff, the car was on ramps at the rear, and had all bumpers wheels etc, in place. I had finished for the day and had to go and pick the diff up the next day.

Anyway the doorbell rings and it's my neighbour from over the rd, she tells me that she's just watched some1 pull up outside my house in a renault scenic, get out the car, lock it, and go into my other neighbours house next door, then she'd watched as the renault rolled backwards into my car on the ramps. basically the silly bint had left the handbrake off (which she admitted to).

When we removed the renault, my bumper had a scuff about 8-10"s long, and the numberplate insert thing was sitting a little proud (not much), because my car was on ramps, my bumper had hit her bootlid, bending it quite badly. She was very very appolgetic, calling herself a dizzy mare, and her husband arrived sounding appologetic also, they did'nt want to go through insurance, so I said aslong as my car gets sorted out I won't claim. We arranged that if I could get the bumper sprayed for £100 they would happily give me the £100, so I got my quote, (£100) and have tried contacting these people over the past month many many times, to get the £100.
I've just today recieved a letter from the lady, saying, that after taking legal advice, they will not be giving me any money, as despite the fact that I have witness's that saw it happen, and a letter from her stating that she left the handbrake off, the fact that my car was on a public rd on ramps (for some other reason than emergency repairs) means that I was the 1 in the wrong :mad: and niether car would have been damaged if my bumper was the same level as hers.. Blx :mad:

Basically, I agreed to a cash settlement in good faith, and have now been left with a damaged bumper, and no compensation. What I want to know, is: if I was to go through my insurance, would they decide that it was my fault ( I can't afford to have an increased premium for the sake of £100) and is there anyway I can sting this person legally? I was underneath the car about an hour beforehand, and I could have very easily been killed by this stupid idiot not putting her handbrake on. I've been having nightmares every night since the day ;):D

Whadya reckon guys?

Ta

Phil

200sxer
16-07-2003, 15:18
KILL HER!!!!!:mad:


Erm sorry:rolleyes:

You can still claim against her, you have proof and witnesses you're car wasn't moving so no prob. And who says you weren't doing essential repairs??


So claim and don't be out of pocket, by the way my bumper respray just cost £226


or



KILL HER :p :D

Scott_Drayton
16-07-2003, 15:23
The same thing nearly happened to me, basically, i got the money before i had the work done, then agreed not to go through insurance, we both signed a piece of paper to say this. You should have got her to do this. Evil bint!!

Yes, you can still go through insurance. A good point has come from the fact that you both signed nothing, you can say that you have never been in contact and she admitted it but failed to give you details, (insurance etc). Say you have chased them up, but not received them.

You CAN still claim, it was her fault, get lost of witness statements.

Ripper
16-07-2003, 15:27
Ask you insurance company, perhaps?

Well, they should know the score.

On the other hand, you could call their bluff and say if they DON'T shell out the ton then you're going through the insurance. Why not?

You could also mention getting her done for careless driving or similar, perhaps?

Mmmm......needs someone legally minded. Try pm-ing Turbo Pete.

Sorry :(

Dan@DB-Power
16-07-2003, 15:29
So going on that if she had hit a kid or a person becuase the b1tch didn't have the handbrak on would here solicitor/insurance company say "not your fault the kid/person was in the road, I know why don't you claim off them for the head being about a different height from your bumper".

So I can't see why yout car was there affecting anything.

I say ask a solicitor and then su her. B1tch:mad: :mad:

Dan,

Wak
16-07-2003, 15:34
IIRC Phil you are not allowed to have a car on the road if it's not in a roadworthy condition, which yours wasn't. Wether the fact that your car shouldn't have been there is a good enough reason for her getting out of paying for an accident that was her fault I don't know.

:mad: Really makes me mad when someone like this woman who is clearly in the wrong morally refuses to do the right thing.

Dan@DB-Power
16-07-2003, 15:37
So if you had a puncture and changed a wheel in the road, does that make your car un-roadworthy?

Dan,

JackaL
16-07-2003, 15:38
Technically it was her fault, so you are not at fault, and as such should be reimbursed fully, even against 'uninsured lossed' - i.e. losses not covered by your own policy (like being on ramps, being only insured 3rd party etc).

I know exactly how you feel! But, ramps or no ramps, it was her fault. You could always argue it was an emergency repair - to keep your vehicle road legal.... Can't argue with that!

Dan@DB-Power
16-07-2003, 15:44
You could always argue it was an emergency repair - to keep your vehicle road legal.... Can't argue with that!

I'd go with that aswell. Arry might be able to shed some light on this. He probably still has some useful contacts in the car insurance sector.

Dan,

R33-Drifter
16-07-2003, 16:05
I would get legal advice mate for sure

Do you know where she lives ?? If so, I would go around in the middle of the night with some mates, and smash every window in her fookin scenic :mad: :mad:

I will ring my sister now (shes a solicitor :thumbs: ) and ask her how she thinks you stand on the situation

PhilMorrison
16-07-2003, 16:21
Thanks for the replies guys, any more advice is welcome, as this is giving me a headache :rolleyes:. To be honest, she is lucky that I'm not a dickhead, as if I was, she would need all new tyres all new windows, and all new panels :mad:

JackaL
16-07-2003, 16:25
Originally posted by Phatty
Thanks for the replies guys, any more advice is welcome, as this is giving me a headache :rolleyes:. To be honest, she is lucky that I'm not a dickhead, as if I was, she would need all new tyres all new windows, and all new panels :mad:

Remember, if it does go through insurance, becaus eit was her fault (if witnessess will testify to that), and if she admitted any liability AT ALL, you can claim through her insurance, and she will not only lose any no claims she has (unless it's protected), but she will also have to pay her excess, AND suffer increased premiums for the next 5ish years...

You might like to remind her of that politely, and ask her if she'd like to reconsider...

Wak
16-07-2003, 21:29
Originally posted by Dan S13
So if you had a puncture and changed a wheel in the road, does that make your car un-roadworthy?

Dan,

No that would be classed as an emergency repair.

A few years ago a workmate fell fowl of the law for changing a diff on his Cortina in the road.

But I suppose it is a grey area what constitutes an emergency repair.

arry
16-07-2003, 21:34
Phil - will drop you a pm with my number - gimme a call and I'll see if i can help explain things a little for you :)

piehound
16-07-2003, 21:39
so is she saying that if she left the handbrake off and it had mounted the pavement and killed a child thats ok then??????
i think not
in the eyes of the law she has commited undue care and attention 6 points and 500 fine thank you very much
pieman

Duff Man
16-07-2003, 21:52
My point of view is that if she had secured her vehicle safely then this wouldnt have happened -> her fault.

Not as if a car of stands is gonna leap into hers now is it.

Don't give her any more chances, go for the jugular on this one - what a bitch! :wack: