Insurance claim - what are my chances?
Discussion
Hi,
Had my first accident today. Van in the lane to my left at a roundabout decided he didn't want the left lane, or even my lane but the one to my right & cut across the front of me & just clipped my car with a big bar thing across the back of the van which ripped off my bumper.
I pulled up on an island on the outside of the roundabout, the van driver carried on around the roundabout & came back around & stopped. He was apologetic & immediately gave me a phone number. I realised I wasn't going to get very far talking it through as there was a language barrier so he was on his way fairly quickly but we both took photos of each other's vehicles.
Phoned insurance, they've pretty much told me without witnesses, there were a few but didn't stop which I don't blame them for as it was a very busy junction, & without dashcam we are relying on him admitting liability. I am presuming the chances of this are slim to none when his insurance company (he is insured) contacts him.
My Insurance company rang the number he gave, it didn't work. I tried it, it didn't work. By chance, I had saved the contact & it came up in Whatsapp, messaged him & he did reply.
Long story short, he asked me to avoid insurance, but it was too late by then so explained this & the fact I think it will be an expensive repair. He then explained how he is on his way to the airport as a relative has died so will be away for a while & then asked for the accident location & a copy of any dashcam footage...which I presume was his way of asking if there is any.
Anyone have any useful suggestions/advice please? I think I'm fighting a losing battle & it will just be his 'word' against mine but just thought I'd aks you knowledgeable lot on here!
Thanks,
Ben
PS. Anyone got an M140i front bumper in white lying around!?
Had my first accident today. Van in the lane to my left at a roundabout decided he didn't want the left lane, or even my lane but the one to my right & cut across the front of me & just clipped my car with a big bar thing across the back of the van which ripped off my bumper.
I pulled up on an island on the outside of the roundabout, the van driver carried on around the roundabout & came back around & stopped. He was apologetic & immediately gave me a phone number. I realised I wasn't going to get very far talking it through as there was a language barrier so he was on his way fairly quickly but we both took photos of each other's vehicles.
Phoned insurance, they've pretty much told me without witnesses, there were a few but didn't stop which I don't blame them for as it was a very busy junction, & without dashcam we are relying on him admitting liability. I am presuming the chances of this are slim to none when his insurance company (he is insured) contacts him.
My Insurance company rang the number he gave, it didn't work. I tried it, it didn't work. By chance, I had saved the contact & it came up in Whatsapp, messaged him & he did reply.
Long story short, he asked me to avoid insurance, but it was too late by then so explained this & the fact I think it will be an expensive repair. He then explained how he is on his way to the airport as a relative has died so will be away for a while & then asked for the accident location & a copy of any dashcam footage...which I presume was his way of asking if there is any.
Anyone have any useful suggestions/advice please? I think I'm fighting a losing battle & it will just be his 'word' against mine but just thought I'd aks you knowledgeable lot on here!
Thanks,
Ben
PS. Anyone got an M140i front bumper in white lying around!?
benm3evo said:
Hi,
Had my first accident today. Van in the lane to my left at a roundabout decided he didn't want the left lane, or even my lane but the one to my right & cut across the front of me & just clipped my car with a big bar thing across the back of the van which ripped off my bumper.
I pulled up on an island on the outside of the roundabout, the van driver carried on around the roundabout & came back around & stopped. He was apologetic & immediately gave me a phone number. I realised I wasn't going to get very far talking it through as there was a language barrier so he was on his way fairly quickly but we both took photos of each other's vehicles.
Phoned insurance, they've pretty much told me without witnesses, there were a few but didn't stop which I don't blame them for as it was a very busy junction, & without dashcam we are relying on him admitting liability. I am presuming the chances of this are slim to none when his insurance company (he is insured) contacts him.
My Insurance company rang the number he gave, it didn't work. I tried it, it didn't work. By chance, I had saved the contact & it came up in Whatsapp, messaged him & he did reply.
Long story short, he asked me to avoid insurance, but it was too late by then so explained this & the fact I think it will be an expensive repair. He then explained how he is on his way to the airport as a relative has died so will be away for a while & then asked for the accident location & a copy of any dashcam footage...which I presume was his way of asking if there is any.
Anyone have any useful suggestions/advice please? I think I'm fighting a losing battle & it will just be his 'word' against mine but just thought I'd aks you knowledgeable lot on here!
Thanks,
Ben
PS. Anyone got an M140i front bumper in white lying around!?
Is the car insured in his name? If it is let the insurers battle the outcome out it's why you pay them. Had my first accident today. Van in the lane to my left at a roundabout decided he didn't want the left lane, or even my lane but the one to my right & cut across the front of me & just clipped my car with a big bar thing across the back of the van which ripped off my bumper.
I pulled up on an island on the outside of the roundabout, the van driver carried on around the roundabout & came back around & stopped. He was apologetic & immediately gave me a phone number. I realised I wasn't going to get very far talking it through as there was a language barrier so he was on his way fairly quickly but we both took photos of each other's vehicles.
Phoned insurance, they've pretty much told me without witnesses, there were a few but didn't stop which I don't blame them for as it was a very busy junction, & without dashcam we are relying on him admitting liability. I am presuming the chances of this are slim to none when his insurance company (he is insured) contacts him.
My Insurance company rang the number he gave, it didn't work. I tried it, it didn't work. By chance, I had saved the contact & it came up in Whatsapp, messaged him & he did reply.
Long story short, he asked me to avoid insurance, but it was too late by then so explained this & the fact I think it will be an expensive repair. He then explained how he is on his way to the airport as a relative has died so will be away for a while & then asked for the accident location & a copy of any dashcam footage...which I presume was his way of asking if there is any.
Anyone have any useful suggestions/advice please? I think I'm fighting a losing battle & it will just be his 'word' against mine but just thought I'd aks you knowledgeable lot on here!
Thanks,
Ben
PS. Anyone got an M140i front bumper in white lying around!?
Bit strange the number didn't work but WhatsApp did.
fourstardan said:
Is the car insured in his name? If it is let the insurers battle the outcome out it's why you pay them.
Bit strange the number didn't work but WhatsApp did.
Not sure, asked his name but couldn't understand. In hindsight, I know I should have been more thorough. Learnt some lessons today. My insurance company have just said the Van is insured, I guess that doesn't mean he was! Bit strange the number didn't work but WhatsApp did.
A lesson learned.
Do remember, if you are changing lanes on a roundabout, it's not your right of way - you have to give way.
This may not be what you want to hear. Have a look at the case law of Grace vs Tanner.
In short, regardless of the guy possibly being in the 'wrong' lane, the case law above demonstrates that if the wrong-laner didn't know the roundabout well, as it is suggested here, the person who is equally negligent is the person changing lanes on the roundabout whilst the way was not clear.
Do remember, if you are changing lanes on a roundabout, it's not your right of way - you have to give way.
This may not be what you want to hear. Have a look at the case law of Grace vs Tanner.
In short, regardless of the guy possibly being in the 'wrong' lane, the case law above demonstrates that if the wrong-laner didn't know the roundabout well, as it is suggested here, the person who is equally negligent is the person changing lanes on the roundabout whilst the way was not clear.
Edited by JustinP1 on Wednesday 5th November 11:16
TwigtheWonderkid said:
Watchthis said:
Get someone you know to be a witness...simples
Yes, commit insurance fraud, that's always the answer. But, yes. Despite lowering yourself to the same level as the person who is actually in the wrong, you both be lying.
JustinP1 said:
A lesson learned.
Do remember, if you are changing lanes on a roundabout, it's not your right of way - you have to give way.
This may not be what you want to hear. Have a look at the case law of Grace vs Tanner.
In short, regardless of the guy possibly being in the 'wrong' lane, the case law above demonstrates that if the wrong-laner didn't know the roundabout well, as it is suggested here, the person who is equally negligent is the person changing lanes on the roundabout whilst the way was not clear.
It sounds like the van driver changed lanes - not the OP - in which case the van driver is bang to rights.Do remember, if you are changing lanes on a roundabout, it's not your right of way - you have to give way.
This may not be what you want to hear. Have a look at the case law of Grace vs Tanner.
In short, regardless of the guy possibly being in the 'wrong' lane, the case law above demonstrates that if the wrong-laner didn't know the roundabout well, as it is suggested here, the person who is equally negligent is the person changing lanes on the roundabout whilst the way was not clear.
JustinP1 said:
A lesson learned.
Do remember, if you are changing lanes on a roundabout, it's not your right of way - you have to give way.
This may not be what you want to hear. Have a look at the case law of Grace vs Tanner.
In short, regardless of the guy possibly being in the 'wrong' lane, the case law above demonstrates that if the wrong-laner didn't know the roundabout well, as it is suggested here, the person who is equally negligent is the person changing lanes on the roundabout whilst the way was not clear.
Did you misread the OP?Do remember, if you are changing lanes on a roundabout, it's not your right of way - you have to give way.
This may not be what you want to hear. Have a look at the case law of Grace vs Tanner.
In short, regardless of the guy possibly being in the 'wrong' lane, the case law above demonstrates that if the wrong-laner didn't know the roundabout well, as it is suggested here, the person who is equally negligent is the person changing lanes on the roundabout whilst the way was not clear.
Edited by JustinP1 on Wednesday 5th November 11:16
Tommo87 said:
TwigtheWonderkid said:
Watchthis said:
Get someone you know to be a witness...simples
Yes, commit insurance fraud, that's always the answer. But, yes. Despite lowering yourself to the same level as the person who is actually in the wrong, you both be lying.
Why not report the incident to the police and report thee guy for "dangerous driving", for a small fee you can check his registration for confirmation of his insurance company, report it to them, and the police should be able to check against the database for whom it is, (if anybody is) insured to drive the vehicle, odds are the guy does not have valid UK licence, and has no valid insurance.
GasEngineer said:
JustinP1 said:
A lesson learned.
Do remember, if you are changing lanes on a roundabout, it's not your right of way - you have to give way.
This may not be what you want to hear. Have a look at the case law of Grace vs Tanner.
In short, regardless of the guy possibly being in the 'wrong' lane, the case law above demonstrates that if the wrong-laner didn't know the roundabout well, as it is suggested here, the person who is equally negligent is the person changing lanes on the roundabout whilst the way was not clear.
It sounds like the van driver changed lanes - not the OP - in which case the van driver is bang to rights.Do remember, if you are changing lanes on a roundabout, it's not your right of way - you have to give way.
This may not be what you want to hear. Have a look at the case law of Grace vs Tanner.
In short, regardless of the guy possibly being in the 'wrong' lane, the case law above demonstrates that if the wrong-laner didn't know the roundabout well, as it is suggested here, the person who is equally negligent is the person changing lanes on the roundabout whilst the way was not clear.
But, if the scenario is the OP was in the middle lane at the roundabout to go straight on, and the van was in the left, unless the round markings are to the contrary, there exists the situation where the van can simply follow the left lane around the roundabout. The OP would then have to effectively cross that left hand lane.
The devil is in the detail. My point is, it may not be as clear cut as the OP suggests.
Tbh as you have already informed your Insurer I would leave it there.
They will do what they do and what you are buying the cover for.
Absolutely do not “ make up “ a witness.
Yes you could mention to the Police but I seriously doubt you will get anywhere.
Your renewal price may go up , it may stay the same or it may even go down before that topic gets mentioned.
Hope it all gets sorted for you.
They will do what they do and what you are buying the cover for.
Absolutely do not “ make up “ a witness.
Yes you could mention to the Police but I seriously doubt you will get anywhere.
Your renewal price may go up , it may stay the same or it may even go down before that topic gets mentioned.
Hope it all gets sorted for you.
JustinP1 said:
If that's true, then yes.
But, if the scenario is the OP was in the middle lane at the roundabout to go straight on, and the van was in the left, unless the round markings are to the contrary, there exists the situation where the van can simply follow the left lane around the roundabout. The OP would then have to effectively cross that left hand lane.
The devil is in the detail. My point is, it may not be as clear cut as the OP suggests.
Why are you seemingly inventing new scenarios?But, if the scenario is the OP was in the middle lane at the roundabout to go straight on, and the van was in the left, unless the round markings are to the contrary, there exists the situation where the van can simply follow the left lane around the roundabout. The OP would then have to effectively cross that left hand lane.
The devil is in the detail. My point is, it may not be as clear cut as the OP suggests.
The op says he was in the middle lane of three, and the van cut across all three, from the left to the right, clipping the op in the process.
What reason do you have for not taking the op's perfectly clear description of what happened as being a reasonable account of the incident?
There's nothing suspect in what he wrote, so why start wading in with "if you did [completely different thing not even mentioned], you would be at fault"?
InitialDave said:
JustinP1 said:
If that's true, then yes.
But, if the scenario is the OP was in the middle lane at the roundabout to go straight on, and the van was in the left, unless the round markings are to the contrary, there exists the situation where the van can simply follow the left lane around the roundabout. The OP would then have to effectively cross that left hand lane.
The devil is in the detail. My point is, it may not be as clear cut as the OP suggests.
Why are you seemingly inventing new scenarios?But, if the scenario is the OP was in the middle lane at the roundabout to go straight on, and the van was in the left, unless the round markings are to the contrary, there exists the situation where the van can simply follow the left lane around the roundabout. The OP would then have to effectively cross that left hand lane.
The devil is in the detail. My point is, it may not be as clear cut as the OP suggests.
The op says he was in the middle lane of three, and the van cut across all three, from the left to the right, clipping the op in the process.
What reason do you have for not taking the op's perfectly clear description of what happened as being a reasonable account of the incident?
There's nothing suspect in what he wrote, so why start wading in with "if you did [completely different thing not even mentioned], you would be at fault"?
Was he approaching the roundabout, on the roundabout, or exiting the roundabout when this happened - the van driver wanting a different lane and moving?
JustinP1 said:
Absolutely clear cut then!
Was he approaching the roundabout, on the roundabout, or exiting the roundabout when this happened - the van driver wanting a different lane and moving?
Was he approaching the roundabout, on the roundabout, or exiting the roundabout when this happened - the van driver wanting a different lane and moving?
benm3evo said:
Van in the lane to my left at a roundabout decided he didn't want the left lane, or even my lane but the one to my right & cut across the front of me & just clipped my car with a big bar thing across the back of the van which ripped off my bumper.
InitialDave said:
JustinP1 said:
Absolutely clear cut then!
Was he approaching the roundabout, on the roundabout, or exiting the roundabout when this happened - the van driver wanting a different lane and moving?
Was he approaching the roundabout, on the roundabout, or exiting the roundabout when this happened - the van driver wanting a different lane and moving?
benm3evo said:
Van in the lane to my left at a roundabout decided he didn't want the left lane, or even my lane but the one to my right & cut across the front of me & just clipped my car with a big bar thing across the back of the van which ripped off my bumper.
Does the OP make it clear whether he is on the road approaching a roundabout. On the roundabout? Or exiting the roundabout?
Thanks for all the replies.
As for getting a friend to be a witness, my mates would likely drop me in it for a laugh so won't be doing that!
Just to confirm, I wasn't changing lanes, it was the van who moved across. I presume he either didn't look or thought he had cleared the front of my car. I came to almost a standstill & even turned slightly away (right) but he still just clipped the bumper. Annoyingly, if I'd just put my foot down a bit 5 secs earlier I'd have been well clear as there were no cars in front but, for once, I was early to work!
I did consider reporting to the police but figured, being a minor thing with no injuries etc, it's probably not worth their time.
Small update from my insurance company to say they've been in touch with the company who insure the Van but there's been no contact with the driver as yet, as I expected.
I'm just going to take a lesson from it, get a dashcam & be more thorough at the scene with details etc!
Thanks again all.
As for getting a friend to be a witness, my mates would likely drop me in it for a laugh so won't be doing that!
Just to confirm, I wasn't changing lanes, it was the van who moved across. I presume he either didn't look or thought he had cleared the front of my car. I came to almost a standstill & even turned slightly away (right) but he still just clipped the bumper. Annoyingly, if I'd just put my foot down a bit 5 secs earlier I'd have been well clear as there were no cars in front but, for once, I was early to work!
I did consider reporting to the police but figured, being a minor thing with no injuries etc, it's probably not worth their time.
Small update from my insurance company to say they've been in touch with the company who insure the Van but there's been no contact with the driver as yet, as I expected.
I'm just going to take a lesson from it, get a dashcam & be more thorough at the scene with details etc!
Thanks again all.
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