Bump!

[ruku]

Just a quick thread becasue I have to shoot out, but I'd like to hear peoples opinions on insurance companies and weather I'm 50% at fault here.

Brief outline:

Was driving in the car park straight on when another driver pulled out of a 't-junction' (debatable) and clipped the side of the fabia.

Simply put she misjudged the corner and ended up clipping my car.

The damage doesn't look that bad in the pics, but to be fair it is considerable.

Here are the pictures:

This is the diagram of the place!

These show haw close I was to the end of the parking bays e.g my side of the road... I will come to this point in a second

Ultimate shot of place

Where she came from

Now after I got out of the car and asked for insurance details and I was writing down mine, someone came running over saying that I was at fault and that she souldn't claim liability! This is just after she was appologising for hitting me! The guy said I was far too far over... and honest to god I didnt move the car for the pictures, I got straight out.

God knows what this guy wanted to get involved for, but he said he just had to swerve and miss me in the exact same place... but how can this be I was moving?!

Anyway that penis is irrelevant really as I should be able to get cctv.

I went to the police and reported it and also rang the insurance company.

All well and good...

But my insurance company said pictures arent any good because it doesnt show who was encroaching on whos path (I never said anything about someone saying I was too far over or anything)

But CCTV was good enough, but if I cant get a hold of CCTV it will probably go 50/50?!

I am actually raging right here in my chair... You can see in the pics how close I am to the end of the parking bays... I was going in a straight line at a very slow speed on an uninterupted road, and someone misjudges a corner and hits me, but it's 50% my fault?!

Surely MY insurance company should be saying, Don't worry Luke we are 100% on your side unless proven that you are the guilty party...

Where on earth do they get off with the first thing they say is 50/50?!

What the hell do we pay them for?!

/RANT + RAGE

[cheezemonkhai]

Pulling out into a road into an overtaking car on the "wrong" side of the road is the fault of the car the pulled out, so I think the insurance guy doesn't have a clue.

If you speak to your insurance then ask to speak to a specialist and not a generic call centre person.

Also FWIW, I think the other guy either doesn't like you/your car or knows her.

[Jigger72]

I agree – why did he suddenly get involved? Some people just love it though… the drama, the attention, the adoration :rotz:

Anyway, looking at the pics you've got nothing to worry about mate. She pulled out, misjudged, and hit you. End of! Like cheezemonkhai says, you could have been driving totally on the right, it's still her fault for pulling out.

Also, it's in your insurance company's interest to make the other party accept full responsibility so don't worry about what the call centre drone says.

Good luck with it

[ruku]

Haha, I thought as much, I was seriously annoyed!

I'm going to get onto the insurance comapny again and make sure they are fully awware I am taking 0% blame no matter what.

The entire situation has me raging hard and I'm not happy at all.

[ric04vrs]

if a similar thing had happened on a road it would deffo be her fault, she has misjudged the corner in her big black BMW , she probably didn't even look left when she pulled out

[Captain Sisko]

It depends on what the other party has said also.

It looks as though the other driver got too nervous and went wide around the bend. Understandable as BMWs have a long rakish bonnet.

I have seen superminis take a corner like a HGV/bus and it's like WTF!!

Back to topic.

I went over a T-Junction at low speed back in 2005 and the other party went smack into the wing, enough to write it off. That was my fault as I just went over it without really realising in hindsight if I was more cautious and observant it would have been avoided.

In conclusion it looks as though she is at fault as if you are unsure about anything wait til the road is clear before proceeding but it may swing 50/50 liability depending upon how the insurers fight this out and if any PI claims pop up.

BTW where is the damage? on the near/offside?

Maybe that guy thought the BMW driver was a hottie and wanted to be like a hero so she would swoon and sit on his penis.

*Bit of a plug here but I work for an accident/injury solicitor company so if it goes down that route where claims for hire cars, damage etc then I can get you contact details.

[chrisw880]

From the 3rd pic down, it looks like IMHO that the woman driver was going to fast for the corner, as the corner doesn't look that sharp. Carparks are 5mph for a reason.

[Phil-E]

Sorry to hear about this Luke. Hope it gets sorted soon and doesn't look, to me, like you have anything to worry about. All the fault of the BMW driving Bint!

P.s. your car looks pink... something you're not telling us?!

[Jim H]

P.s. your car looks pink... something you're not telling us?!

I was going to suggest that as well, but I think it is the light and the digital camera making it look pinkish. The last pic looks much darker and the right colour.

It is a T-junction you were at and therefore you have the right of way. If the road was not wide enough for two cars then she should have waited for you to pass. If you stopped stight after it happened then looking at the photos, you could not have been any closer to the edge of the road without crossing the yellow lines. I agree with you it was 100% NOT your fault.

Was there much damage to your car, your pics only show the BMWs scraped bumper and not yours?

[ruku]

Haha, yea it's just dirty and the light!

It's most definitely red!

The damage to the BMW was literally a scrape and thats it.

I'll get a picture of mine up tomorrow for everyone!

[cheezemonkhai]

I also have to point out that the look painted on the floor with arrows in pictures 4 and 5 suggest she probably should have done before pulling out.

Make sure you mention it. I'm assuming you have a dented wing, which isn't worth you claiming of your own insurance for. Cheaper to get a new one, have it painted and attached than it is to pay the increase next year.

[gadgetman]

Your biggest hurdle is the "witness".

CCTV will help, but chances are you wont get it, or it was pointing at some fit birds passing

[ruku]

Update:

I got in touch with the person who authorizes CCTV viewing, but apparently because it is private and personal information for anyone in the CCTV I may have to get permission to view it die to the data protection act :s

Now the lady who drove into me is wanting to see it as well, result, will prove my innocence.

But ultimatly she is denying responsibility and is claiming she was on her side of the road and that the guy that was in front of her said he had to swerve to miss me as well :/

I'm sorry but this guy is seriously getting to me... from what he is saying I was either:

1) Stationary - because if he had to swerve whilst coming round the corner, the it would impossible for me to still be there when she came round it - bearing in mind in the pics I wasnt even at the corner yet!

OR

2) Spatial Warp - I somehow drove to the position and past where I was in those pictures as he passed me, then in a split second warped myself, the passenger and my car back 15 meters and drove along the same stretch again where this time this lady drove into me...

Somehow I don't think his story is going to stand up :P

[Paul007]

That about Data Protection is codswallop.

[ruku]

That about Data Protection is codswallop.

How do you mean?

Please inform meeeeee

[Jigger72]

It's not codswallop, you just have to apply for the footage …

Data Protection Act 1988

The Data Protection Act 1998 was initiated to give people a number of rights in respect to any personal data held on file about them. Part of this act specifically refers to information that is gained from equipment that is operated automatically. What this means is that recorded information that is captured through a CCTV camera, which has received a specific order to do this, can form part of the Data Protection Act. Essentially in looking at it in this cut and dried way, someone who is captured on a CCTV camera, should have the right to view that footage.

Information Commissioner Reviews the Data Protection Act

… At this time it was decided that small CCTV systems would not be covered by the act, however this was revised in 2008, when it was decided that CCTV cameras that are installed to specifically record individuals and their activities do fall under the Data Protection Act. This means that if you're caught on CCTV camera, you have the right to not only view the footage, but to have a copy of it.

Obtaining CCTV Footage Of Yourself

If you believe obtaining CCTV footage of yourself when you were involved in the collision would help you with your claim that you weren't the only driver at fault, you should seek to obtain your CCTV footage. To do this, you must apply in writing to whoever captured the footage, find out who operates their CCTV system and write directly to them. This will cost £10 and you have to be able to give the data controller in charge of the system an indication of when the incident occurred. This is so that they can pinpoint the exact footage and provide you only with that. They generally have around 40 days to comply with this. At this stage, you can then review the footage, consider your options and if you still feel you weren't the only person responsible for the collision, speak with a reputable lawyer who can help you further from here.

HTH

[gadgetman]

Tell the insurance co there is CCTV of the incident and who to contact. Let them worry about it.