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  1. Hi all, I had a non fault accident (rear ended) The paperwork has cost me a lot of time and I resent this. Can I claim £10/hr for dealing with correspondence, emails etc for my time lost? Thanks in advance, Andy
  2. Hi Everyone. I would really appreciate your input on this issue. I just received a Default Costs Certificate from Chester County Court. The letter was redirected from our old address in Wales (we have now lived in the South East of England for the last 3 years). The letter states: "As you have not raised any points of dispute on the claimant's bill of costs, the costs of the claim have been allowed and the total sum of £604.85 is now payable. You must pay this amount to the claimant within 14 days from the date of this order (1 June 2015)." Now, this is the first time I hear of any claim in my name, and I have not received any bills of costs before (we were renting house in Wales, and current tenants do not forward any letters to us, so it was the first one in 3 years). I have no idea what the original claim was about, and I can only guess that it was related to a small traffic accident I was in in 2011. In 2011, I ran into another car at small speed at a roundabout, and both parties reported this to our insurers. I lost 2 years of my no claim due to that, and I thought it was finished then, and that any possible (minor bodywork) repair costs would be absorbed by the insurer. The payee on the Costs Certificate is Oracle Cost Consultants in St Helens, who I guess a "no win, no fee" company. Perhaps, the other party has applied for the personal injury claim without my knowledge. My questions: 1. If I did not receive the claimant's bill of costs, is this costs certificate legal? What are the consequences for not paying it? 2. What do I do to find out what exactly the claim was about: call Chester County Court, or call Oracle Cost Consultants, or even my car insurer? 3. If it is indeed that accident related, why may I be liable rather than my insurance company? 3. What do you suggest I do going forward to resolve the issue? The date on the costs certificate is 1 June 2015, however I only received it on my current address today - 24th June. As the payment was due within 14 days, it is now overdue. I am confused and puzzled as to what this is and what I do with it. In case this is not the right sub-forum for my question, please do let me know too. Many thanks, Sasha
  3. I have been driving for less than two years, but am about to qualify for my 2 years NCB for the first time. I drive about 25K miles pa with no accidents at all up to last weekend. This was when another driver was backing out of the parking bay opposite to me trying to back out too and swung round to exit, whilst I was stopped to re-manouvre to go the right way, and he hit my bumper causing the panel to come loose. He tried to drive off but I stopped him and I called police and our details were exchanged. Before the police arrrived he tried knocking on windows putting words into mouths of drivers, instead of just askign them what they saw as an open question. He was saying 'didn't you see her bash into me?' One driver, who refused to be a witness officially and would not leave his details either said : "no you bashed into her." I got his reg. no, just in case. I also video'd the back of the other party's vehicle and this showed no damage at all and photo'd my own car damage, which was visible. I was very angry at the time at what had happened and his attempts to drum up 'witnesses' in the way he was doing. Two women, who overheard the commotion 'got in on the act' and said I had been at fault and were very abusive toward me. One said I was at fault because the other driver was an older man and I was bullying him and getting angry; the other said I was posh for having a brand new car. Both were opportunist chavs out on the make and both were mouthy and one tried to pick a fight with me too. I have no doubt that they will want money from the other party if they are called upon as witnesses officially. They were just fake witnesses. I told police this when I arrived. Police did nto take witness statements, because it was a no injury incident, and said they were there as a 'courtesy' and to facilitate exchange of details. In fact all I got was the other party's name and insurance policy no. His insurance company name was wrong and there was no address (the latter was rectified later on). My local garage said there was a small dent to my car, but the bracket beneath the panel was broken and needed replacing at a possible cost of around £150.. There was no bodywork paint damage or visible paint from the other vehicle. I reported the matter to my insurance company and they decided not to log it officially and said I should claim directly from the other party's insurer and if they accepted full liability my policy would not be affected. I did this. The other party's insurer said they had heard from the other party, refuted my version of events, but would send out a claim form to him. In the meantime. before he received them, I went round to the other party's house and he showed me a scratch to his car which was not there at the time of the incident. He made it clear that he was not interested in claiming for his 'damage.' But since receiving his insurer's policy claim form he put a note through my door asking me to call him. I did and he is now saying that he has got an estimate from the garage for his car and is making a claim directly to my insurer for the damage to his car now. This is completely fake. There is no damage to his car and his actions seem to be little more than vindictive and fraudulent. He is trying to harass me into not putting in a claim at all and if I do he will do a like for like claim against me, even though he is lying and I am not. I feel very angry about this. I have video evidence of the back of his car; I can evidence that he showed me damage to his car days after the incident date (why not at the time of the incident, if he felt I had damaged his car??). There is no CCTV of the supermarket carpark and I have no willing witnesses and he has two fake ones. How do you advise I deal with this. I am at my wits end. My insurance will sky rocket if he puts in a false claim and my insurer decides to capitulate. If I don't claim against his insurer directly, instead of going through mine, he will do the same to my insurance company or he will drop it only if I pay for the damage myself. He has already stated that he doesn't care at all about his car, which is 9 years old. Now he is saying that he has a scratch, the paint over won't match due to fading and therefore it will need a brand new panel. I have evidence that he is lying about the scratch and his behaviours post incident don't in any way match that of someone who believed I pranged him rather than vica versa.. Despite all this, I am not sure I can fight two fake witnesses when I have none and nothing else to back up my story. Should I call police and take the offensive and report him for pending insurance fraud? Please advise. I would really appreciate it.
  4. I wonder if anyone could give me some guidance......... A relative has been involved in an accident while using the vehicle for 'social, domestic or pleasure'. Following the accident they have studied the policy and noticed that it did not cover business use which the last policy did as they use the car for minor diy jobs. Having used the car for business during the current policy, but was using it for pleasure on the day of the accident, is the policy void? If the insurance company was told the vehicle was used for business previously are they likely to void the policy? Having read various websites, it looks like they have unwittingly committed insurance fraud. Where does leave them? Any help would be gratefully received as my elderly relative is going crazy with guilt and wants to tell the insurance company that the car was used for business during the year even though not on the day of the accident. Thank you
  5. A colleague at work had an accident at work and was signed off until 22nd June.However,the company are refusing to pay him until he brings his sick form in personally.Can the company do that ,because if you have been signed off unfit to work, how can the company expect you to come into work and bring your sick certificate and fill in sickness payment forms? I was under the impression that if you had an accident on company premises and were signed off work, then the company has to pay you full pay?
  6. Hey all, hoping I can get some more experienced views on some things. My Father in Law was involved in a very serious accident at work a few months ago. He survived, although he may not recover full use of an arm or leg (he was at risk of loosing them). He was dragged into a machine and crushed while trying to clear a jam. He's now received a letter from his work saying that their internal investigation has concluded and that he will be invited to a Disciplinary Hearing (date to be arranged). Government Health and Safety officials were there on the day, however he hasn't heard anything from them since. Is this normal? He was called by another member of staff on his day off and went in to help as this person was working alone and he knew how dangerous a jam like this could be (and indeed was). He was stood on a tiny platform with no guard rail and had to put his head and shoulders in the machine to poke at the jam until it came loose. While doing so the pole he was using was grabbed by the machine and he was dragged into it, then being crushed by the rubbish that was previously jammed. He's very angry that he's now got this hearing as he feels they're to blame for poorly designed equipment and unsafe practices (one person on their own). They have put a stop to the machine ever being worked alone since this happened. I'm trying to let him know that the hearing will just be a meeting to establish what, if any, responsibility lies with him (and the other worker). What are the likely outcomes though? Should the work be waiting until H&S have even spoken to him?
  7. Through no fault of my own a lorry drove into me on a roundabout tearing off half my back bumper, the asssesor came round and stated that considering the age of my peugeot 206 it would most likely be irrepairable, yet i know the only thing wrong with the car is the damage caused by the accident as have spent time and money making it a decent car. I was shocked when ringing up hastings to hear that when the report from the assessor does come back and if it is deemed a right off i will be offered money for the value of my car but not be allowed the car back? In no writing in the policy does it say this, i also asked if id be allowed the money for repairs from the market value-scrap value (cash in lieu) and was told this was also not an option! What is the point in insurance when the only money i can get is by letting them take my car away or voiding the claim totally, recovering my car and paying for my own repairs even though the accident was entirely not my fault! James
  8. Hi All, I just received rather interesting call from the firm called Complete Claims Solution and was wondering if someone could advise me how should I approach it. Few years ago I had minor road incident that end up with no major damage or personal injuries. The only damage was to the other driver’s car. I simply scraped the other driver’s door while trying to change the lane. We stopped exchange the contact details. I was covered by a valid policy and I filled all the required documents. There was no further problems concerning that event. My insurer, Endsleigh, sorted out the matter. I paid small increase on my next policy renewal. Finally, roughly a month ago, I decided to sell my car to a scrap merchant. It was just old, going from one repair to another and simply lost will to service it again and again and keep spending money on it. To my great surprise, recently I received a call from a gentleman who introduced himself as Complete Claims Solutions representative. I must admit that the call was rather vague, I was asked to give the details of the aforementioned incident. Of course, I wasn’t in position to do it as I do not remember the precise date or time of the event. I asked the gentlemen to provide me with his contact details so I could get back to him if I manage to dig out the relevant paperwork and find out the requested details. I presume that I may have the copy of Endsleigh Accident Report Form. I also asked what was the purpose of that call and I was told that the CCS may be in position to pay me some money as, according to the them, the accident was not my fault. I’m rather perplexed what to do next. First, if I reckon correctly the scrape was my fault. Second, I would expect that everything was sorted out by my insurer years ago. As I mentioned previously, I was covered by the valid policy, my car had all the taxes and MOTs in order, I took responsibility, etc. I don’t really understand why after some many years I’m going contacted by some firm I never heard of with an offer of receiving some money. I was wondering if there is someone who was in similar position and could shed some light on this situation? Nowadays, with so many dishonest business everywhere the one can’t be too careful.
  9. Hi All, I had was involved in a RTA back in January; happy to say not serious and not my fault. Third Party admitted liability, so I made a direct claim to their insurers, who promptly arranged for repairs to my car, arranged a hire car, and paid out a sum to my passenger in injury compensation. I didn’t make a personal injury claim at the time as I didn’t experience any effects that I could attribute to the accident. However just about a week later I did experience a stiff neck and shoulder pain, also pain down my arm, I knew that it must’ve been as a direct result of the accident, but I was under the impression that I would be out of time to make a claim, so I put it down to experience and forgot all about it. I had a call recently from an accident claims specialist who said that the insurers put aside an amount for injury compensation, I did explain that I thought it would be too late, however the guy was very persistent, so I agreed to make a claim through them. I was passed on to their legal team who took details. I then got this letter from them via email, however something appears to be “Not Quite Right” :- “Dear Mr Murphy Re Your Accident on 29th January 2015 Please note as requested, we have arranged After the Event legal expenses insurance to cover you throughout this case. On the information currently available to us, we believe, that a contract of insurance with AmTrust Europe Legal is appropriate to cover your opponent’s charges and your own disbursements in case you lose. What this means is that if your claim is unsuccessful, the insurance then takes effect to protect you, as previously discussed the premium amount is deferred and costs £350.00 which is payable by you upon conclusion of your claim as it is no longer recoverable from your opponent since the government changed the rules with effect from 1st April 2013. If you lose the premium is still not payable. Full details are contained in the insurance policy documents. It is generally this type of cover which we recommend; we do not have any financial interest in recommending to you AmTrust Europe Legal. We only select from a limited number of insurers for After the Event legal expense insurance contracts but we are not contractually obliged to conduct our business in this way. You can ask us for a list of the insurers that we use. Yours Faithfully” Shall I tell them to go do one, or do think it’s OK Thank for your help Ken
  10. My daughter as been knocked down in Thailand by a taxi that sped off she has abrasions to her hands, arms and has lost her toe nails. She did attend the police station but I know very little. She as asked me to get advice as to what she does now concerning a claim she is wishing to make. She is a lecturer of sport and should be returning back to college Monday but I assume she is in no fit state to carry out physical education. She has made her way to Bangkok with her 4 year old daughter - they return home Thursday. She has asked me to ring her GP to make appointment for her to see a nurse to dress her injuries on her return. Any advice appreciated. I have asked her if she got a crime reference number but she as not answered me back due to the time difference.
  11. I have been working for a major retailer for a long time,more that 15 years now.last year had an accident...had an operation on my hand...lost wrist movement as one of the bones was shattered.they had to put metal screws in...i have been on sickness for a while...never claimed a benefit penny in my life till this second.had tyo reduce my hours,go unpaid....basically suffered on my own,plus having to support a family.now physically my hand which is the right one is useless,can't bend my wrist,or lift etc...my job was leading a team,taking deliveries..moving cages ,filling stock....customer service...you name it....a lot of things . now work are treating me like they don't care ,telling me that i have to do my job regardless...if not i have to step down from my role and see wether they can they consider me for another position with less money? Is this a fair treatment? How could i go on the defensive as i have a meeting with them soon.thanks guys
  12. My son had an accident while working, he drives a lorry, he was on the motorway and was involved in an accident involving 3 other cars. Accident was not his fault, he has whiplash and back pain, and cant work/drive at the moment. He is not getting any pay, I would have thought that he would be on normal pay as accident at work. Does any one know the law? thank you.
  13. Ok on 20/1/15 i was stationary at zebra with people crossing, got rear ended by builders van cause he's looking at building work other side of road. he's a self employed builder carpenter. He offered to pay for repairs but seeing damage I knew car was a write off - so I insisted through insurance, so we exchanged details, he apologised admitted liability, I did a quick DVLA / MID check, there and then and van insured , mot and taxed. I even took license number from him, you'd think I done it by book.... Now it turns out license , van registered and insurance at his mums address, he lives elsewhere with girlfriend, which you could put down to just forgetting to update.... but here's kicker- I report to my insurance company that day and they contact his insurance company (same as details he's given me) told by my insurance company they have until 30th to fast track payment as car will be a write off. (as I have already got independant estimate) My car is collected and written off by 27/1/15 given a value of £690 which I accept as told if I dont hire car will be revoked or deemed chargable. but he has either not contacted his insurance company and or just not admitted liability, so no payment and all seems in limbo as my insurance company have contacted his and at stalemate. so I now had a hire car for 3 weeks so guessing about £750 of hire - just worried if he's Missing in Action so to speak I will be stuck with a bill for a hire car and no payout.
  14. was in my local tesco earlier, minding my own business in the biscuit aisle when i felt something smacking me on the back ..turned and looked around to see 2 pieces of the concrete roof on the floor so thats what hit me, must have fallen a good 50 feet. each bit was about 10cm x 10cm. told a member of staff and the checkout lady and she got he manager and assistant manager, they logged it over the phone in the accident book and i spoke to the person that logged it. i already have something wrong with me that the consultants have yet to diagnose but im under orthopedic care that causes me to be in pain every day ranging from moderate to the point where i have to crawl out of bed. today was an okayish day but since it happened ive been in agony again and ive had to get my crutch out again to support myself. i also suffer from anxiety so when they were all fussing i was trying to hold it together and not have a total meltdown but i was sweating, had the shakes, heart was racing etc i was so warm i looked like a tomato and that didn't go for a good 2 hours after it happened. they paid for my taxi home and she handed my a giftcard, never offered it just said here you go and to be honest i just wanted out of there, like i said i didn't want to have a meltdown in front of every one. i dropped the CEO an email and tweeted them ,someone is going to call me tomorrow after 11.30 but someone said because i 'accepted' the gift card they will not offer anything else? dont really feel comfortable going back in there now either. thanks in advance for the replies.
  15. Hi, I have just been delivered a car from Accident Exchange whilst my 5 week old car is in the body shop. A lorry hit me on the motorway and they have admitted full liability. I am very worried now after reading this thread. Do you have any advice please?
  16. I bought a salvage vehicle earlier this year. Repaired it. It was a cat. Then later on the car was reversed into by a tesco insured driver. My vehicle was taken away to the body shop while i had a courtesy vehicle. Two weeks later i was told that as my vehicle had been involved in a previous accident and the damage had not been fully repaired. My insurance company offerred me £100 as salvage and told me the vehicle would be a cat c. I asked for the engineers report which stated that the damage was similar to the damage the vehicle had sustained in a previous accident and that the vehicles value was £1000 plus the mileage quoted was incorrect as the car had only done 68000. The engineers reoprt stated that the milage was 83000. I told my own insurance company about this and they said chase tesco who will be able to handle this claim . I then contacted tesco who have sent me from pillar to post. I.e Wanting proof of repair, Where the repair happened, How much i paid etc. Where the parts came from etc. I got a letter of the garage who repaired it. over the 3 months i have been given the run around. Something i found out earlier this week. My vehicle has had a cat c marker placed on it by my own insurance company who will not remove it until tesco place their own category marker on it. MY company is ageas and the policy underwriters for the third party are ? youve guessed it Ageas. Tesco came back with a offer of £290 after their own engineer came out to inspect. Then after waiting for 2 weeks for this payment to arrive which i was going to reject. i phoned up only to be told that i claimed major damage to my car where as there was minor damage to it. So now it is being further investigated. What do i do ?
  17. Since being involved in a very minor, no fault accident, where no one was injured, I have been harassed by numerous companies encouraging me to claim for compensation which could be up to £3000. It was suggested that I might suffer twinges due to tightening of the seat belt or possibly getting a headache in the next few weeks which could be attributed to the accident. I was even informed that the other party had claimed even though I know she was not injured - she was very apologetic. Apparently this money has to be set aside, by law and if not claimed goes into the insurer's pocket so I might as well have it!!(I was told). I believe that the only way these companies could have acquired the details would have been from the Insurance companies involved - Aegeas in our case and Halifax in the case of the third party. This practice surely needs to be stopped and must be in breach of data protection. I cannot believe that this practice is legal and if it is then the law needs to be changed.
  18. I need some advice for what steps i should take in pursuing my insurance company for high risk of loss of life due to negligence. I will be vague on the dates/times/full details due to this potentially being a high profile case. a few months back i had an accident and damaged my car. No other parties were involved just myself. The insurance company did the usual protocol and recovered the vehicle and sent it off to garage 1. Garage 1 quoted the repairs and carried them out, on collection of my car i noticed the steering was not correct and there was a loud knocking noise from the engine bay. I was told the car was fine by the garage and that it was just my suspension hitting the bottom of my car and as for the steering it was just due to camber in the road. I was not satisfied with this and believed there to be more to it i contacted my insurers and complained and they contacted garage 1 and they responded that the car was fine. i insisted an independent assessor comes to look at my car and he agreed that there was serious issues with my steering and a knocking sound was indeed present and not caused by the suspension. Garage 1 then had no choice but to take the car back and rectify the issues. Garage 1 wasn't able to find the fix for the issues they paid for it to be taken to a main Dealership for my model of car, let's call it Garage 2. Garage 2 were instructed to correct the steering issues and investigate this knocking sound, when i collected my car back from Garage 1 the steering was fine and no longer caused any issues. But the knocking sound was still present. I drove it for maybe 2 weeks before this knocking sound turned into a shunting sound like something was moving around. I contacted my insurance company and notified them that this issue still persists and is intact getting worse. They instructed that i could take it back to Garage 1 and get them to investigate but i had lost faith in them and insisted it goes back to Garage 2 (the main dealer) My insurance company said this was fine so i took it back to Garage 2 and they had a quick inspection and said there is something wrong with the car but without being booked in for a full inspection and paid for they can't investigate further. I asked at this point if it was safe to drive and he said he couldn't say for sure if it was. i went back to my insurers and told them of this information and their response was it is a weekend and we can't do anything until monday, i reminded them of the fact that i've been told the car may not be safe to drive and they again insisted there's nothing they can do. monday came and went and still no contact from my insurance company, i then called again the following week and insisted it's getting worse and worse by the day. They said i could take the car to Garage 2 and pay for the inspection fee myself and if they feel this issue arose from the original accident they would refund me, but only if they accepted the price quoted for the repairs by the garage. I couldn't afford to pay this expense and risk losing out on the inspection fee and my insurance company just seemed disinterested to help me. Another week passed with no follow up call and i once again contacted them and let them know this issue is now worsening and i need to get it fixed. They just repeated what they said before and i got frustrated and ended the phone call abruptly. Now to the serious part. I was travelling along a dual carriageway at approx 65mph and all of a sudden something shifted and a loud bang/pop/crack occurred and my steering was thrown to the right in full lock almost instantaneous, i then hit the central reservation and flew through the air and bounced along for about 30metres or so down the carriageway. I am not seriously injured, just bumped and bruised from the impact, no one else was involved. The car is an absolute wreck and i've had 20+ friends/family question how the hell i am still alive from looking at the wreck. where do i stand in terms of pursuing my insurance company for negligence? the risk of loss of life was so great and it's thanks to my cars safety features i am here typing this. I believe this to be a mechanical failure due to negligent repairs, i have proof of all the calls, repairs carried out and problems that i've notified them of. any help/advice would be appreciated. I can supply more details if needed as there may be gaps in my story. thanks
  19. Can anyone help me make a claim for PPI or do they like to call it CRP on a old ex Associates Citi card account whats the best thing to do where to start any help would be great i no longer have the account, got rid of the card, shredded the statements but have the 17 digit number i'm even confused about the 17 digit number do i miss the last digit off ? Jay
  20. Hi All, Really miffed at the moment. I had an accident on a local country lane where a car coming the other way hit my car. I saw the other party coming and stopped. However the other driver had the sun in their eyes (I could see them fiddling with the passenger side sun-visor for their child as they approached). As I`d stopped and could see they hadn`t noticed me I braced myself for impact. They saw me at the last moment and although they tried to stop and go onto the verge to avoid me, didn`t succeed. Both cars had bumper and bonnet damage requiring repairs but fortunately no-one was hurt. The other drive got out and apologised and later that day their husband phoned my husband, offering to pay for the damage/repairs through one of their garages, saying that if we went through the insurance route the insurers would probably claim for 50/50 fault . We wouldn`t have been happy to do the repairs though their choice but, either way, the car is leased so we needed to go through the proper approved repair process. Further down the line we had a call from our insures saying that the other party has denied fault, blaming us, and that the insurers were going to settle 50/50. We now have a cheque from our insurers to cash, for half the excess we had to fork out at the time of repair, along with a more expensive quote for insurance on our other car. I`m loathed to cash the cheque as this will be in final settlement. Our insurers keep telling us that they`ll not pursue the case as there no independent witnesses. Unfortunately, the only "evidence" we have is a copy of the business card from the repair place the other party wanted to use, along with circumstantial evidence that the time of morning and sun position that day backs up our version of events. The other party is a rural neighbour-ish so we know them to nod to. I`m tempted to ask them to explain why their insurers are claiming the accident is our fault (as they may just be going along with what their insurers are saying) just in case it an "insurance cutting legal costs" thing. I don`t fancy it becoming confrontational though. Could it class as harassment if I approach them, no matter how peaceful? Could anyone please offer advice to whether this worth pursuing (perhaps through small claims if not though the insurance) or should I just bite my lip and write if of as one of life`s Ah-bugger-moments? Thanks P4L
  21. I wrote this for insuranceguy since he said he offers help , but I cannot PM him because I do not have 15 posts . This is my first . Maybe someone can PM him with this link for me , or offer any advice at all . Thank you very much , kind and concerned citizens . I do not have a thread . I just was researching about my case , which I have an attorney representing me supposedly anyway , and I see that you offer advice . I hope that you can help from here , without a thread and if I need one , I guess I could compose one , but I have no idea where it would go . so I will start here if I may ? I am traveling down a 2 way street with traffic on both sides . This street is named Poplar . This street has no stops for me whatsoever , and there is a red light ahead , about 1/4 of a mile . Along this street , there is crossing traffic , by means of a stop sign . However , I have the right away , and the crossing traffic , who has the stop signs , need to yield to me and proceed after I pass , or before , if it's safe . So again I have no stops whatsoever . So I am traveling down this street and I am coming up to a car who wishes to cross across Poplar , the street that I am on . She is traveling north from south and I am traveling east to west . The person driving this vehicle is only paying attention to the cars to the right of her . As I am nearing closer to her , I still notice that she has not looked left yet but by this time I need to focus on my own driving and not hers . So I proceed forward , at around 25 MPH the speed limit , and as I am almost parallel with her I hear my passenger yell watch out ! I instantly look to the right and I see her coming right for us , and gut instinct , we are going to get hit . If I would have stopped at this moment she would have hit us , it was already set in stone , I was getting hit no matter what I tried , but gut instinct , to try to avoid the accident I intended to go on the wrong side of the road to give the this driver time to see me and to stop . However , I had oncoming traffic so I could only make it a few feet into the middle of the street while stopping . If I would have proceeded to go straight and not veer into the middle of the street , she would have ripped the whole side of my car , rather than just hitting the front , so my actions did give her some time to notice me before she hit us and this street that she is crossing is not just straight across . She had to drive at a right angle , to continue crossing onto her same street , Elm . So she was so busy with only looking toward the right , in the direction that she was heading , that she never noticed that I was on the side of her and had she would have looked left , she could have avoided this whole accident . It was not safe for her to proceed , as per the police report putting her at fault . She had to wait for me to cross first , then proceed . So she proceed without looking left thus smashing into me . And this all happened in a matter of split seconds by the way . So I get to the middle of the street and stop . I have no where to go , speeding up wont help , and she's already heading straight for me . So by the time she finally stops paying attention to the cars on the right , she finally looks straight onto the street which she is aiming for Elm , while after already into the intersection and she finally sees me stopped in the middle of the street and slams right into me . Again , in a matter of split seconds . So in a nutshell . I'm driving eastbound on a street with no stops for me whatsoever , I totally have the right a way , and a driver wishing to cross my lane of traffic does so without looking left to make sure there are no cars or pedestrians , thus making it not safe for her to proceed and by doing so she crashes right into the front side of me . I got a lawyer and I had to speak to their adjuster , and I didn't even know what an adjuster was before this , no accidents in my life , but the adjuster was rude , was rushing me throughout my answers and was trying to confuse me into saying things that just didn't happen . So to me this phone call was BS to begin with , which she recorded by the way , because my attorneys helper , said it was fine to do so . Also at the scene of the accident , the first thing the other driver said is , where were you ? Because she never saw me , because she never looked left ! And I tried to explain to her , I was just driving down the street and you never looked left , and she tries to say well then it was your fault . You must have been speeding . So I said yeah right [problem]mer , I have my 71 year old grandmother with me , oxygen in the vehicle and a lapdog which my grandmother was holding . So I driving very defensively , which is why I was noticing her to begin . If I would have been alone , I would have not paid so much attention to her . But so anyway , I instinctively called 911 who came to scene , took both of our statements , and placed her at fault . Well when she contacts her insurance , she decides to change up her story , and she tells them that I was behind her , which is absurd . I am traveling east to west and she is traveling from south to north . At no time was I ever behind her . She was crossing my lane of traffic , she has a stop and I have none . So I had the right a away . I had no reason to stop , until I saw her coming straight for us . So my attorney and her adjuster says they need to wait for the police report and when they finally get it , it shows that she is indeed at fault . She basically failed to make sure that the intersection was safe before crossing . She never looked left , and again , had she would have , then she would have never went and we would not be here . So anyway I get an email from my attorneys helper that based on the recorded call between her adjuster and myself , their insurance came to the conclusion that because I saw the accident , I'm at 30% fault . Which is bogus . I only saw the accident 1 to 2 split seconds at most before it happened , but the adjuster took my words and twisted them around to make it seem like I was watching her the whole time until she plowed into me . Which just wasn't so . I eventually had to take my eyes off of her to pay attention to my own driving and then is when she gunned it , darting across the street , slamming into me and if it wasn't for my passenger yelling watch out ! I would have never even seen her coming . So yes as I was traveling down the street , I was observing her because I sensed something odd about her and as I got closer she still haven't looked left but I figure eventually she would , because everyone has to . I mean this is the freaken law right ? So I stopped paying attention to her , paying attention to my own driving and the other drivers around me , putting her behind me , because I cant be driving for everyone else . And I guess I was almost just pretty much parallel with her and my passenger yells watch out . I look right see her coming for us , try to go on the wrong side of the street but cannot due to oncoming traffic , so I slam on my brakes in the middle of the street . I look to the right and within nanoseconds she slams into us . So again police place her at fault for not giving the right a away to motorists who are on the street which she is crossing . But my recorded conversation , taken out of context twisted and mangled by their adjuster , says I am at 30% at fault since I saw the accident happen . I mean seriously wtf ? Everyone saw the accident happen . My passenger first , then me second and then finally the other driver third . So their bogus claim has no merit by my understandings , but this so called recorded phone call somehow proves , to their insurance , that I could have avoided the accident , since I saw it happen . Which is pure bull feed . So my attorneys helper says their insurance deems me at fault and wants to do a 30:70 . 30 me and 70 her , but I know for a fact this is 100% her fault as so did the police say the same and wrote in the report . This insurance adjuster had just twisted my words around to make up a story which doesn't even exist to get this 30:70 . More bonus for her right ? So I'm waiting on a recorded copy from my attorney to listen to the tape because during the recording , they weren't letting me finish my statements . Either my attorneys helper would tell me to stop speaking or the adjuster would ask a question and then before I was even finished she was ask another and yet another and then she was like , "well you already said yes" and she yelled at me when she said this and I was like , wait a freken second , that is not what I meant . And she responds , like a freken child , "but you already said yes , but you already said yes , but you already said yes!" So this recording from their insurance adjuster for their insurance is not reported accurately , of what actually happened and which basically goes against the police report . So what do you think ? I mean , I told my attorneys helper , I will not accept any fault at all . There was nothing I could do and yeah I was paying attention to her as I was coming toward her , because sometimes people will dash in front of you and try to cross the street in a rush . Which is actually what she did do , to avoid oncoming traffic from the right hand side , but since she never looked left she dashed straight into me . However , I never saw her leave the stop sign . My attention was by then , off of her and on to the other traffic , and again it wasn't until my passenger said watch out , that I actually looked right and saw her coming for me . So again they said because I saw the accident I'm 30% at fault which is straight out fraud , I feel . There was nothing I could do . She was coming straight for me so I just stopped toward the middle of the street and braced for impact . Any ideas sir InsuranceGuy ? And I’ve been dealing with my attorneys helper this whole time , so I haven't actually spoken to any attorney at all . She's the one handling my case , in if she comes back with the conclusion and says well sorry Rob , that-is-that , it's gonna be 30:70 , then what can I do ? Who can I report this to ? My other friend said the BAR , and I've already read online to file a complaint with something to do with the automotive insurance regulatory system , but I'm not sure exactly where or with who . But from your insight , if the adjuster is basing her claims on not facts but the fiction of twisting my words around until she gets a story in her mind where I am too at fault , is what she is doing - then how do I go about getting this overthrown ? It's a false statement on her behalf which she is trying to use against me and I refuse to be a victim . I'd also like to file for fraud or an additional police report if possible . And InsuranceGuy , I’m a totally honest person . If I was partially or totally at fault , I would just come out and admit it . We have insurance and hey I'm not gonna waste anybodies time , but the point of the matter is I wasn't at fault . I'm just driving down the street and get hit from the side by someone who failed to see me , because she never looked left , and tried to dart across my street , to continue onto hers , thereby gravely injuring my 71 year old grandmother who was my passenger , amongst myself . Any ideas please Mr. InsuranceGuy , anything you need let me know . Need me to post this into a forum if you could just point me into the correct place to post I will . Thank you so very much in advance , =) And anything you need . Just advise . Robert Reinaga from CA . P.S. Sorry for any typos , I've already reread this like 3 times and I have the hugest headache in the world . So when I feel better , I will reread and correct any errors . Thank you .
  22. Hi This morning my car was involved in a collision, whilst parked in the street outside my home. Another car was parked behind me, and a third party has smashed into this car, catapulting it forward into the back of my car. Unfortunately this third car failed to stop and whilst I saw them drive away, I was unable to catch the reg number, so I’m assuming they either won’t be traced by the police or even if they are, the car will be stolen, uninsured, etc. I spoke to my insurers this morning and they indicated that in the event that the other driver isn’t traced, my claim would be against my policy, with the other (parked) car involved claiming off their own policy. Is this correct or should my insurers claim off the car that actually hit me, even though the owner of that car was not actively involved? That would seem very unfair, but I seem to remember reading about similar scenarios on here, where it was stated that you claim off the car that hits you and they then claim for both costs off the third car. Is anyone able to clarify what the normal policy is? Thanks
  23. I've tried to cover all details, so please excuse the essay. Assistance here would be appreciated Scenario. Scotland (and thus NB revoked 2011 regulations - anything else put in place since?). 9am. Somehow skidded at low speed coming out of a bend, turning 90 degrees into opposite carriageway, leaving front wheels hanging over a shallow ditch on the opposite side of the road, with the car blocking oncoming traffic. Front-wheel drive, so could not be driven out. This was amongst a series of blind bends on a busy-but-very-rural A-road, so I called the Police to deal with traffic in case anyone should plough into me. They attended, and informed me that they would need to arrange immediate recovery due to location, to which I agreed as, frankly, even with Police in attendance, it was a further accident waiting to happen. Recovery company arrived to drag front wheels out of ditch. Rear wheels remained on road throughout (no photographic evidence: location was too hazardous until recovered to be standing in road taking photos, but the location would simply not allow a Volvo V90 estate to be even close to wholly off the road due to a stone wall/bank beyond the ditch, and ignoring the fact that the carriageway was blocked). Out within 5 minutes. No visible damage to car at all except for a missing front foglight (have photographic evidence). Later assessment by local garage shows additionally a broken plastic dirtguard at the front bottom, and a damaged radiator and bracket : on dropping into the ditch, the base oft he radiator seems to have got a shunt). Recovery comapny refused to either leave car on road to be checked, or be driven off if ok, or be left in a very large layby not 50yds down the road to allow further recovery to garage of choice if required (reason given: police request, and the attending police would not get involved with those negotiations at the time). Said would have to collect from their recovery centre, but would not drive me with the car to the recovery centre either. Police stepped in as I was stranded in the middle of nowhere with no means of payment, and drove me 20 miles home (and very kind of them too!). Next day, 10am. Go to collect car with local garage in attendance for tow (was unable to test for problems after recovery, so no idea if driveable or not: took garage to be sure!). Car was driven out of the compound and onto trailer for garage assessment (ie. perfectly driveable, even if engine damage would quickly ensue due to coolant loss). Bill breakdown: 2 days storage - £40. Recovery of wholly off-road, significantly damaged vehicle - £300. VAT - £68. Total £408 (instead of an expected £180). "They are our charges. Pay up". Sure, if the car were damaged (regs: "“damaged” means damage to a vehicle such that in the reasonable opinion of a constable it cannot be driven safely on the road", but no opinion was sought), they had stored for 2 days (regs: "the first 24 hour period begins at noon on the first day after removal during which a vehicle is retained at a place where it can be claimed before noon of that day"), and the car had been off-road (regs: "“off road” means that no part of the vehicle is in contact with the road"). I have a photograph of their scale of charges displayed in their office, stating in bold that they are applicable for both owner and police requests, and these appear to be a printout of the (revoked) 2011 Scotland regs charges. Paid under protest, to an abusive owner of the garage (I have a partial audio recording of the exchange: wife switched on phone after, alas, a juicy anti-English rant that was not repeated). Annotated the receipt at the time to that effect, and that a small claims action would be pursued. Provided them with a copy, which they binned on the spot. My main problem is getting the "safe" state and "on-road" position of the car confirmed. Bu I have been told by the Police that a) no written report will have been generated at the time with any significant details as no damage or injury, b) no statement from attending officers can ever be requested or obtained by individuals and that, c) the only route to take is to complain to the AA who subcontract recovery services to local garages on behalf of the Police, and who may decide to investigate my problem if I can provide sufficient details. That is all very nice, but how about my contract with the garage that the Police insisted be used for recovery? (I did not get insurance co. involved, as the car is too old - but perfectly reliable! - to be considered anything other than a write-off by them). I have faith in what appears to be a cut-and-dried small claims procedure,especially if I can get some sort of police statement, but not a lot in the AA who possibly will not investigate their own subcontractor. So a few questions, if anyone can help me please Just what is the status of the relevant statutory recovery charges in Scotland at the moment? Was anything put in place after the 2011 revocation? How ought I proceed regarding this mess? And can anyone confirm that no storage charges are due for my timings at least as per the 2011 regulations? With thanks ...
  24. Hi all, Basically I'm looking for a bit of advice really, I was involved in a car accident on the 23/06/14. I approached a dual carriageway roundabout in the middle lane and the third party was in the left hand lane after going past the first exit the third party appeared to be wanting to turn right at the roundabout and me going straight over he collided with the rear end of my car damaging the door, around the wheel arch and wheel of my car, his car is damaged on the drivers side wing next to the indicator. Immediately the third party blamed me for being in the wrong lane, which I wasn't, unfortunately no witnesses either. I Immediately contacted my insurance company and explained to them what had happened and they soon collected my car to be repaired. This is the situation My insurance company have told me worst case scenario if he blames me it will be 50/50 which I'm not happy about as it wasn't my fault. As either insurance company hasn't decided who's at fault yet I might be worrying for no reason. But on the other hand I want to be prepared for the 50/50 fault claim. Can I contest it? My cover has legal cover so can I use one of their approved solicitors to defend my case? Any other avenue I can take? I'm not very clued up on this, I've been driving for over 10 years with 9 years no claims never been involved in an accident so this is all new to me. Any help would be a massive stress relief and massively appreciated
  25. I got a call from a company claiming to be solicitors (Clinch Solicitors) dealing in personal injury claims. The guy knew that i had had a minor accident 2 years ago (and I was at fault), the date of the accident and that I had my wife and son in the car with me at the time. He said my wife and son were allocated a payment for discomfort as they were with me in the car and if they don't claim it, after 2.5 years (3 weeks from now), the insurance company will claim it back. Now I am totally confused why my insurer at the time did not tell me about this!!! At one hand I do not mind having some extra money but I am scared if this company could cause any sort of damage (financial) by taking DOB details for example. I have explained to the guy that at the time of accident, no one was injured but he insisted the payments are for the discomfort caused by the accident to the passengers i had in the car at the time. Can anyone please help advise what to do. Should I go on and allow them to claim the money or is there any risk in doing so for me and my wife?
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