To me it sounds like even if you had stayed behind the other car till it had exited fully, you could have gone into her then because she hasnt given herself enough time to merge properly.

 

I honestly hadn't thought about that side of things.

You're dead right though, had I slowed down behind the other car I'd have probably T-boned her as he exited the road and she would have been directly in my path (and that's "she" "the woman sat right in the drivers seat" rather than "she" her car)

 

My insurance guy seems pretty confident (but then i guess he's paid to sound like that) but we'll see how the arguing goes

 

Did you have to draw a picture of the road layout on your claim form??

 

Yep.

They were truly awful

If i can use google maps so can they

 

I did however include the street view screen grab i put up earlier in this thread, with pretty much the same explanation.

Although that's in the email rather than in the report

Betya it ends up 50/50, usually does in my/my wifes experience.

 

Sounds like we crash regularly, lol!

If it's clear the other side hopefully won't argue for too long as all it does is put the cost of the claim up.

I imagine that Rapid you are driving is adding to it quite nicely on a daily basis.

They should know that, but... and this is the important bit... The other insurance company will be acting on what they have been told by the third party.

So if she maintains it's not her fault it'll just drag on and the costs will go up.

This is why if I hadn't been equipped with a drive cam I'd have taken pics at the scene without moving either vehicle and to hell with the traffic for five minutes. Just like I did when I had a coming together with someone in my first GT-R.

Clear proof of road position and give way lines where the accident happened.

Easy in hindsight, but some of us have been through this far too many times...

Yep.

They were truly awful

If i can use google maps so can they

 

I did however include the street view screen grab i put up earlier in this thread, with pretty much the same explanation.

Although that's in the email rather than in the report

 

I remember the drawing i had to do for my accident on the M6 in 2004. Just lines for the road and boxes representing the cars with arrows showing direction of traffic!!

 

Quite easy when you're on a motorway following a contraflow heading towards oncoming traffic. Made harder by the person that hit me having no insurance, so the claims stopped with me!! :(

Back when I was a bus driver we were taught never ever admit liability

even if it was plainly our fault.

And when filling out an accident report less is more.

Keep a private copy too so if you are ever asked for any more information  

in the coming months you have a copy what you said to refer to. It's easy to forget  

details over the inevitable time this will take to sort out so you keep a copy of what you

have submitted to them. In addition, keep a second fuller account as well which backs up the first

but with added 'padding' in case you are asked for more information later.

Including the areas of the highway code that have been contravened by the

person who hit you. But keep if back until you need it. Never lead with your best punch.

 

DO Include time of day, weather conditions with an emphasis on visibility

and grip levels, direction of travel, approximate speed (underestimate to be safe)

a diagram/photo of accident scene is useful and make a brief, concise acount of what

happened.

Try not to put anything in the description that can be subject to conjecture or opinion.

 

 

In the first instance, stick to cold hard facts and only elaborate if asked later on in the

investigation if they are arguing the toss determining who is at fault.

try these on for size

 

red being me (cos my car is/was red)

blue being the turner offer (cos it was a light blue mk2 Ibiza)

green being her (cos it her car is/was green)

 

I was more than aware of admitting liability so just kept schtum while exchanging details.

She, shook up thanks to an airbag to the face, was a chatterbox and did comment that'd it'd probably be deemed her fault as she drove it to me and that i'd probably get a nice hire car which she'd end up pay for while she had no car to get to work and back.

 

I guess upon getting to work she was advised her her insurance company colleagues that she should argue that she didn't see me as i shouldn't have been where i was.

How's that for an argument? "I didn't see him because he was somewhere he shouldn't be so i didn't check there"

Same as the Iceland man arguing that he didn't check for horse meat in his lasagne because why would he

 

With regards to the hire Rapid i'm pretty sure is the best part of £60 a day

Looking at your pictures, I can't possibly see how you could be considered at fault.

Looking at your pictures, I can't possibly see how you could be considered at fault.

 

That was the aim

I used google map screen shot and added the details using an editor.

 

No hassles and road layout clearly visible

 

If you need a hand let me know.

Sorry to see / hear of this dude.

 

In terms of blame, you will almost certainly win this, fight it with every ounce of strength you have. 

 

I was in a similar situation a few years ago, ERS/Fux took 20 months to sort out the claim, but it was settled 100% in my favor.  Ended up with one of the directors of the 3rd parties insurance phoning me to find out what was taking so long.. Told him in no uncertain terms that it was due to a completely useless claims company / solicitors. 

 

Anyhow, look forward to 3 years of Personal Injury cold calls!

 

Enjoy the fastest car in the world (courtesy car). =)

Hope you didn't use the word mentioned in my PM

Have heard from Motofix this afternoon and they have priced up the repair to the car and discussed it with the Quindell engineer who has said that the car is "beyond economical repair" so will be written off.

 

Nothing offical from Quindell yet but just a matter of time.

 

I can but assume the delay is 'cos the engineer is off researching the price of used Fabia VRS's and pricing up replacing my modifications so that he can give me an accurate and wholely satisfactory settlement offer.

 

Oh.

look up there.

A flying pig

I have only skimmed the thread, going on your expert diagrams I can't see how she has any possible way of arguing anything other than her fault.

Having worked in motor claims, she has nothing to lose arguing fault unfortunately because it's down to the insurance companies to come to an agreement, honesty sadly does not come into these things. My advice is to keep on at your insurance company regularly and make sure they don't go the lazy route of 50/50 i.e. pay own damage. Also any offer they make for your car is likely to be low so worth researching adverts for similar spec cars that you can send to them if needed.

Good luck

If it's clear the other side hopefully won't argue for too long as all it does is put the cost of the claim up.

I imagine that Rapid you are driving is adding to it quite nicely on a daily basis.

They should know that, but... and this is the important bit... The other insurance company will be acting on what they have been told by the third party.

So if she maintains it's not her fault it'll just drag on and the costs will go up.

This is why if I hadn't been equipped with a drive cam I'd have taken pics at the scene without moving either vehicle and to hell with the traffic for five minutes. Just like I did when I had a coming together with someone in my first GT-R.

Clear proof of road position and give way lines where the accident happened.

Easy in hindsight, but some of us have been through this far too many times...

Hope you don't take offence at this Mr fox, but...

I agree that photos/digital images are better than nothing.

However, your ascertaining that it gives 'clear proof of road position..' Is incorrect, it only shows an approximation of the aftermath of a collision.

Without going into the dark arts of momentum, inertia, projection of debris etc, that's why we use(d) AIM (Accident Investigation by Mathematics) as the ONLY fail safe proof of how an accident happened, the speeds and positions of the vehicles etc.

Even down to our vehicle examiners ascertaining if an indicator or light bulb (including brake lights) was illuminated at the time of impact; isn't as simple as taking a photo.

As I said though am image or photo is better than none at all....

I'd recommend any forum member involved in a bump to photograph the scene, ASAP after the impact (and before the vehicles are moved if possible) and the other driver (yep, I've known it where people claim to have been 50 miles away at the time of the RTC...)

If you have the slightest injury, ring for the cops to attend....

I'll shut up now, as I'm starting to sound like

A.I was back in uniform, and

B.Like my mum....

I'd have taken a photo (of her sat in the middle of the road crying with an airbag in her face) but my ridiculous phone has been playing up and died when i turned the camera on and refused to switch back on!

 

We have movement though.

 

Car has been evaluated, and the engineer has used his spreadsheets to work out what the car is worth and what it's buy back value will be.

 In all honesty (and with a little bit of disappointment) the offer/offers are actually very reasonable.

 

I talked to the guy on the phone at length about the modifications and were they included in the valuation - they weren't.

How did i get them included? - Did i have invoices? No i don't but I could mabye get bank statements showing money paid.

Even if I can prove the costs they'd still have to apply "depreciation" to that figure at around 25% per year

Meaning I was in trouble given most of my parts were added at the beginnign of my ownership 5/6 years ago and some would prove impossible to prove value of.

When i suggested that there were around £1000 of bits on the car, he offered me £177 extra - i think not!

 

As the buy back price was so reasonable i think it'll almost certainly end up back on my drive and there'll be a "breaking" thread (that's not a prompt for the vultures to come out in here though!!)

 

In-laws currently have 4 vehicles between 2 of them so they've offered to lend me something to run around in while we decide what the hell we do with the Pasty Fleet now and then search for the right vehicle. (another thread shall probably start on this too)

 

All in all pretty happy so far.

 

Let's just hope the on-going liability arguements go in my favour and i don't end up being right royally shafted come renewal time

Only 13 days to get an offer, that's pretty damn quick for insurance companies.

I spoke to the garage about it and they sent me a copy of their quote for the repairs.

Was almost £5700!

 

10 year old car

135,000 miles

Not sure that one required the longest deliberation between repair or write off.

 

Of course who's going to pay for it is the big million dollar question

In reality, everyone here.

In reality, everyone here.

 

yeah sorry I feel your pain

just let me go back and get uncrashed into

 

Sorry to see this pasty. Hope you made them take into account the badges (did you ever fit any?)

Fingers crossed the woman take the wrap and you get something half decent with the payout!

Yeah, hopefully the "penalty" will be met mainly by increased premiums for the woman at fault, and not passed down.  Hopefully me not claiming for 10 years has had a vague tiny positive affect on everyone's premiums.

We're all feeling the benefits Jason. Thanks for your efforts! :P

I thought include as much detail as possible now as they'll only come back to clear it up later anyway?

Your being too honest mate. Usually this is good, but when its with insurance, make em work.

Id just say she pulled out infront of you, dont complicate it with the chevrons thing.

They cant say you were in the chevrons, unless they can prove it.

They most likely wont be able to prove it (not the end of the world if they do, its only chevrons and you havent lied at any point) and they might accept liability and pay out sooner

Your being too honest mate. Usually this is good, but when its with insurance, make em work.

Id just say she pulled out infront of you, dont complicate it with the chevrons thing.

They cant say you were in the chevrons, unless they can prove it.

They most likely wont be able to prove it (not the end of the world if they do, its only chevrons and you havent lied at any point) and they might accept liability and pay out sooner

May I just add the following?

During my time with 5-0, one of my keen young lads, a petrol head and internet buff, dealt with an accident not too dissimilar to the above.

Both cars were written off and injury was sustained.

One of the drivers changed their story part way through the investigation and stated he had 'a witness' (without stereotyping he was the archetypal 'boy racer' with a 'f@&k you' attitude....

Said officer wasn't convinced, and after some diligent interwebbing, came to me and showed me several posts on a forum that were very similar to the above 'suggestions'.

The offending driver was then visited at home, questioned again, and when he insisted on the changed story, my guy arrested him for perverting the cause of justice (there is no attempt, in law)

Under interview he had a solicitor, and remained very cocky until shown the postings on the forum.

Needless to say, he changed his story back, was reported for the motoring offences and the perverting the course of justice was dropped.

Ok, sledgehammer to crack a nut, but the point is this; never ever discuss things on a forum that you don't want someone in authority to know, as there is always the chance that they WILL find out.

Just a suggestion guys.....