Insurance claim
Discussion
Someone bumped into the back of me on sunday, I was in traffic and she was parked on double yellows with her hazards on, I went past and then the next thing I know she bumped into me, this occured after I had passed her and had come to a stop. The bump has caused some small cracks and stress fractures on the passenger rear side of the clam on the wheel arch and near the mounting screws and has messed the alignment up on the otherside, the chassis is all ok as she couldn't of been doing over 5-10mph.
I took her details and went to the garage on tuesday for a quote and was told it simply wasnt a few hundred quid to sort out so they put me in touch with this compoany that deals with the whole claim process and does all the running around for me, and it does not cost me a single penny! I was contacted by the solicitors today who are also instructed by this accident management company, stating that the woman who bumped into the back of me, wont give them her insurance company details and is now saying that it was my fault!!!! I've tried to call her several times and have left several messages and she is not returning any of my calls.
Am I now screwed and have to fork out the cost of the repair myself or is there something else I can do??
I took her details and went to the garage on tuesday for a quote and was told it simply wasnt a few hundred quid to sort out so they put me in touch with this compoany that deals with the whole claim process and does all the running around for me, and it does not cost me a single penny! I was contacted by the solicitors today who are also instructed by this accident management company, stating that the woman who bumped into the back of me, wont give them her insurance company details and is now saying that it was my fault!!!! I've tried to call her several times and have left several messages and she is not returning any of my calls.
Am I now screwed and have to fork out the cost of the repair myself or is there something else I can do??
It's almost impossible for a party to claim damage to the rear of a car was the fault of the other owner.
Leave it to the claim company and your insurance companies solicitors. You are legally oblidged to provide insurance details from anyone who has due cause to ask for them - your solicitor will easily deal with this.
J
Leave it to the claim company and your insurance companies solicitors. You are legally oblidged to provide insurance details from anyone who has due cause to ask for them - your solicitor will easily deal with this.
J
joust said:
It's almost impossible for a party to claim damage to the rear of a car was the fault of the other owner.
Leave it to the claim company and your insurance companies solicitors. You are legally oblidged to provide insurance details from anyone who has due cause to ask for them - your solicitor will easily deal with this.
J
Leave it to the claim company and your insurance companies solicitors. You are legally oblidged to provide insurance details from anyone who has due cause to ask for them - your solicitor will easily deal with this.
J
As above. You should be ok. Also were there any witnesses and did you get their contact details?
A frikkin shame!
The only was they may have a blame case against you is if you shorthened the other party's 'space' reducing their braking distance and hence 'causing' them to hit you (no, not fairy stuff - I refer you to: AMG Merc v Tellings Golden Miller, May 2005 - I stopped sharply and a bus rammed my Merc! Not saying any more as case pending!).
Good luck, I feel you'll be you well covered.
The only was they may have a blame case against you is if you shorthened the other party's 'space' reducing their braking distance and hence 'causing' them to hit you (no, not fairy stuff - I refer you to: AMG Merc v Tellings Golden Miller, May 2005 - I stopped sharply and a bus rammed my Merc! Not saying any more as case pending!).
Good luck, I feel you'll be you well covered.
Had my friend who was in the car who felt and saw/heard everything. The other person was being followed by someone in another car, hence why she must of been parked up on the double yellows near a junction with hazards flashing. She obviously wasn't keeping an eye on what was going on in front of her thats why she just drove off as though it was a empty road ahead of her but smacked into the back of me. Good job I wasn't locked on the brakes otherwise may have caused more damage.
Wish I kicked up a fuss there and then and got the police involved then she would of had to give all her insurance/personal details. The lady from my solicitors said that the woman who bumped into me said she will only give her details to me and not to my solicitors.
Wish I kicked up a fuss there and then and got the police involved then she would of had to give all her insurance/personal details. The lady from my solicitors said that the woman who bumped into me said she will only give her details to me and not to my solicitors.
An exception to the rule has to be this. Whilst driving along a country road on oncoming car brakes sharply to a halt, having just rounded a bend. Car REVERSES in a hurry looking for a place to turn around in. I stop in disbelief on my side of the road,and yes another car comes round the bend and smacks straight into reversing car.The offending driver was an off duty policewoman!,complete with two kids in the back. Apparently she wanted to turn around and chase a car which had clipped her wing mirror a few seconds ago. Although we were 20 miles from home I happened to know the driver who hit her.I can still see the look on his face.AAAAAARGH.
M400UK said:
The lady from my solicitors said that the woman who bumped into me said she will only give her details to me and not to my solicitors.
I'd ask to speak to a partner at the law firm (assuming this lady isn't). Both under the Road Traffic Act 1988 (c.52), section 154 and under Statutory Instrument 2002 No. 3061 (The European Communities (Rights against Insurers) Regulations 2002), it clearly states that any person must provide details of their insurance on demand by or on behalf of the person making the claim. The SI just extends this right to find the details from the central insurance registry across the EU (so you now can't even hide if this happens whilst in France etc.)
To not do so is a criminal offense, punishable by level 4 on the standard scale, or £2500 to you or me.
All here
SI 2002 No. 3061
www.opsi.gov.uk/si/si2002/20023061.htm#note4
RTA 1988, 154
www.opsi.gov.uk/acts/acts1988/Ukpga_19880052_en_7.htm#mdiv154
RT Offenders Act 1988
www.opsi.gov.uk/ACTS/acts1988/Ukpga_19880053_en_1.htm#tcon
Sentencing
www.cps.gov.uk/legal/section9/chapter_b.html#02
If you lawyer didn't a) scare said woman shitless, b) report her straight to the Police for breaking said act then they are acting incompetent. Get onto a partner and get them to enforce your statutory rights!!!
J
Edited by joust on Thursday 2nd November 21:14
joust said:
M400UK said:
The lady from my solicitors said that the woman who bumped into me said she will only give her details to me and not to my solicitors.
I'd ask to speak to a partner at the law firm (assuming this lady isn't). Both under the Road Traffic Act 1988 (c.52), section 154 and under Statutory Instrument 2002 No. 3061 (The European Communities (Rights against Insurers) Regulations 2002), it clearly states that any person must provide details of their insurance on demand by or on behalf of the person making the claim. The SI just extends this right to find the details from the central insurance registry across the EU (so you now can't even hide if this happens whilst in France etc.)
To not do so is a criminal offense, punishable by level 4 on the standard scale, or £2500 to you or me.
All here
SI 2002 No. 3061
www.opsi.gov.uk/si/si2002/20023061.htm#note4
RTA 1988, 154
www.opsi.gov.uk/acts/acts1988/Ukpga_19880052_en_7.htm#mdiv154
RT Offenders Act 1988
www.opsi.gov.uk/ACTS/acts1988/Ukpga_19880053_en_1.htm#tcon
Sentencing
www.cps.gov.uk/legal/section9/chapter_b.html#02
If you lawyer didn't a) scare said woman shitless, b) report her straight to the Police for breaking said act then they are acting incompetent. Get onto a partner and get them to enforce your statutory rights!!!
J
Edited by joust on Thursday 2nd November 21:14
Hey Joust -you're gonna do my daughter out of a job!
Err.. that's robp not mikey_p -he must have been posting about some pesky horses earlier.
Edited by mikey_p on Thursday 2nd November 21:53
M400UK said:
so they put me in touch with this compoany that deals with the whole claim process and does all the running around for me, and it does not cost me a single penny!
Who at the first sign of difficulty abandon you?
M400UK said:
Am I now screwed and have to fork out the cost of the repair myself or is there something else I can do??
Ideally you should claim on your own insurance and let them take care of it all. Otherwise you could get the repairs done and send the woman the bill, suing her if neccesary. She ought to pass the claim on to her insurance company, but they won't be amused if that's the first they hear of it.
Finally got her insurance details after calling her about 15 times. Just have to wait for the assesor to come out and price up the damage.
Does anyone know what the availability is like for a rear clam, I was told by the estimator at the garage that they will have to fit a new one. I just dont want to be waiting 6-8 weeks before I get a rear clam and then another 2 weeks to have it painted and fitted before I get my car back, meaning that it could february when I get the car back if there are any delays with ordering parts.
Does anyone know what the availability is like for a rear clam, I was told by the estimator at the garage that they will have to fit a new one. I just dont want to be waiting 6-8 weeks before I get a rear clam and then another 2 weeks to have it painted and fitted before I get my car back, meaning that it could february when I get the car back if there are any delays with ordering parts.
M400UK said:
Finally got her insurance details after calling her about 15 times. Just have to wait for the assesor to come out and price up the damage.
Does anyone know what the availability is like for a rear clam, I was told by the estimator at the garage that they will have to fit a new one. I just dont want to be waiting 6-8 weeks before I get a rear clam and then another 2 weeks to have it painted and fitted before I get my car back, meaning that it could february when I get the car back if there are any delays with ordering parts.
Does anyone know what the availability is like for a rear clam, I was told by the estimator at the garage that they will have to fit a new one. I just dont want to be waiting 6-8 weeks before I get a rear clam and then another 2 weeks to have it painted and fitted before I get my car back, meaning that it could february when I get the car back if there are any delays with ordering parts.
Mail V6GTO (Martin) - he recently took delivery of a rear clam so may be able to throw some light on the delivery period.
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