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Help! Non-Fault collision on roundabout - how best to handle :(

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Won't go into detail of the collision other than, leaving roundabout, driver in left hand (Straight ahead) lane turns right into car in the right hand (Straight ahead or turn right) lane, with a view to taking a later exit.
 

 

To any right-minded person its a clear blame and with a witness could even be done for "driving without due care an attention"

We can analyse that in another thread. I'll be livid if it is settled in any kind of shared-blame way. I don't think I could have done anything to have avoided or predicted it.


...but what I want is help making sure the insurance side of things go as smoothly as possible. I might also have a cry that my car isn't even run-in yet and is damaged.



So...What do I have to make sure I do to make sure it is all sorted out properly?

 

I think I did a few things right at the time.

 

Reported to the police - due to injury and 2 vehicles being stopped on the right-hand side of a 70-limit A-road.
They attended and took details properly. I had a legitimate degree of suspicion that it could be uninsured and the lack of contrition from the driver made me suspect they might try it on, I got burned 12 years ago when someone later changed their story. Obviously the officer couldn't give an opinion on blame, but the conversation was reassuring.

 

Video of both vehicles and the driver.

Video shows skidmarks on the brand new tarmac

 

 

Repairs and insurance process?
Car is driveable, but needs a suspect tyre sorting immediately
Policy document doesnt seem to state a mandatory time I need to report to my insurers within. I'd like to avoid an insurance hike so ideally never claim or notify against my policy. However - I think the other driver will be ****ty - they were either deluded or lying at the roadside - so I guess I need to tell them ASAP?

My last car had a prang early in it's life. The wing was repaired "To Skoda standards" but that side rotted well ahead of everywhere else. The close-lines and inside of the door were never perfect, the membrane in the door was a sheet of plastic, it was rattly.
This car, I'm planning to keep for a decade so I need it to be perfect.

So, avoid "Accident repairer bodyshops"? Use VW repair centre?

Rear wheel was hit, alloy and tyre damaged - this makes me very worried about the 4x4 and tracking - How can I insist this will be checked? who are the best people to do it?


Courtesy Cars, Its a bloody great estate for a reason, I want a similar replacement car at any point I don't have my own. How do I go about this?
 

Time Wasted and out of pocket expenses.

Out of pocket seems easy, log everything, right? 

But I value my free time and evenings lost, trips to dealers/repairs place/tyre place, lost time at work will be a pain.

How could one go about claiming for lost time at work, if you are salaried not self employed? Can you claim pro-rata based on Salary? Self-Employed rates?

 

Personal Injury - 
I also want to make sure any potential claim for personal injury is as stress-free as possible. Hopefully nothing serious you would be pleased to know, but even if  just short-term injuries it may **** with my social life and hobbies.
I declined a hospital visit (I'm in the trade - it would have been wholly unnecessary, and I needed to get home for the dog!)
I'm absolutely not suggesting hamming-up a claim, but just making sure legitimate discomfort and distress is handled properly.


Future insurance loadings
How best to avoid this?
Renewal is is September, is this is likely not to be resolved by then too- cvan you claim back the extra once it is resolved and you are not at fault?

 

 

No, I don't have a dashcam yet, goddammit :(
 

 

Have you checked the cars Registration on ASKMID to see if it has current insurance cover showing?

http://askmid.com

Surely the Police attending checked.

Or was it just a case of you calling them, and them not attending?

 

Was the Roundabout a 70 mph limit one.

Or just the entry and exit to it?

 

Any injuries and you or whoever should be seeing a Doctor,

and you should have been in touch with your insurance by now. IMO.

It sounds nearly identical to an accident my son was involved in a couple of years ago.

After many months of wrangling, and the involvement of one of those "claim companys?",the insurance companies settled on a 50 / 50 basis.

Very frustrating.....   Good Luck.

  • Author

Have you checked the cars Registration on ASKMID to see if it has current insurance cover showing?

http://askmid.com

 

Surely the Police attending checked.

Yeah, they are insured, and their ID was checked, presumably.

You mean the vehicle had insurance.

I hope you took their picture.

 

The last Delivery Driver of a car going from the Auction to the Car Park that crashed into me had to phone his boss to find out his own name, and then he turned out to be using the 'Group' Driving Licence,

and he was someone else totally, i was glad i photographed him, the squad boss & his sidekick.

  • Author

You mean the vehicle had insurance.

I hope you took their picture.

 

Yeah, the policeman checked the vehicle details and presumably the drivers ID. There are pictures too. 

I'm now confident they are insured and positively identified, but I still suspect a denial of blame.

I had an incident on a roundabout a year or so ago. My insurer told me that nearly all roundabout related claims go 50:50 with regards to blame.

 

This was the way mine was going, until luckily the other driver admitted blame. Even though it ended up as a non-fault claim it was still listed as an accident on my policy so will affect my premium in the future.

 

See here...

 

http://www.briskoda.net/forums/topic/289764-had-a-prang-advice-needed/

 

Also worthy of note, a fellow MkIII Octavia member seems to have suffered exactly the same fate as you recently, a video of the collision here (showing the importance of a dash cam!). See the link on post #627...

 

http://www.briskoda.net/forums/topic/338907-the-briskoda-drive-recorder-video-footage-thread-part-2/page-21?hl=+polish%20+roundabout

 

Video is here...

 

http://miz.smugmug.com/Vehicles/Cars/Skoda/i-VRFRXMw/A

Edited by silver1011

That was a bit stupid whoever crashed into that lorry.  It was obvious it needed the space to get around the roundabout.

That was a bit stupid whoever crashed into that lorry. It was obvious it needed the space to get around the roundabout.

Who? Miz?

Yes that Vid.

You said as much in the thread did you not in post #641  

Yes that Vid.

You said as much in the thread did you not in post #641

Yup :)

Sent from my iPad using Tapatalk

  • Author

Sorry for crossposting this (its in general car chat too) - as I'm going to have a busy few days and all advice, quickly, to sort this is appreciated!!


Won't go into detail of the collision other than, leaving roundabout, driver in left hand (Straight ahead) lane turns right into car in the right hand (Straight ahead or turn right) lane, with a view to taking a later exit.
 

 

To any right-minded person its a clear blame and with a witness could even be done for "driving without due care an attention"

We can analyse that in another thread. I'll be livid if it is settled in any kind of shared-blame way. I don't think I could have done anything to have avoided or predicted it.


...but what I want is help making sure the insurance side of things go as smoothly as possible. I might also have a cry that my car isn't even run-in yet and is damaged.



So...What do I have to make sure I do to make sure it is all sorted out properly?

 

I think I did a few things right at the time.

 

Reported to the police - due to injury and 2 vehicles being stopped on the right-hand side of a 70-limit A-road.
They attended and took details properly. I had a legitimate degree of suspicion that it could be uninsured and the lack of contrition from the driver made me suspect they might try it on, I got burned 12 years ago when someone later changed their story. Obviously the officer couldn't give an opinion on blame, but the conversation was reassuring.

 

Video of both vehicles and the driver.

Video shows skidmarks on the brand new tarmac

 

 

Repairs and insurance process?
Car is driveable, but needs a suspect tyre sorting immediately
Policy document doesnt seem to state a mandatory time I need to report to my insurers within. I'd like to avoid an insurance hike so ideally never claim or notify against my policy. However - I think the other driver will be ****ty - they were either deluded or lying at the roadside - so I guess I need to tell them ASAP?

My last car had a prang early in it's life. The wing was repaired "To Skoda standards" but that side rotted well ahead of everywhere else. The close-lines and inside of the door were never perfect, the membrane in the door was a sheet of plastic, it was rattly.
This car, I'm planning to keep for a decade so I need it to be perfect.

So, avoid "Accident repairer bodyshops"? Use VW repair centre?

Rear wheel was hit, alloy and tyre damaged - this makes me very worried about the 4x4 and tracking - How can I insist this will be checked? who are the best people to do it?


Courtesy Cars, Its a bloody great estate for a reason, I want a similar replacement car at any point I don't have my own. How do I go about this?
 

Time Wasted and out of pocket expenses.

Out of pocket seems easy, log everything, right? 

But I value my free time and evenings lost, trips to dealers/repairs place/tyre place, lost time at work will be a pain.

How could one go about claiming for lost time at work, if you are salaried not self employed? Can you claim pro-rata based on Salary? Self-Employed rates?

 

Personal Injury - 
I also want to make sure any potential claim for personal injury is as stress-free as possible. Hopefully nothing serious you would be pleased to know, but even if  just short-term injuries it may **** with my social life and hobbies.
I declined a hospital visit (I'm in the trade - it would have been wholly unnecessary, and I needed to get home for the dog!)
I'm absolutely not suggesting hamming-up a claim, but just making sure legitimate discomfort and distress is handled properly.


Future insurance loadings
How best to avoid this?
Renewal is is September, is this is likely not to be resolved by then too- cvan you claim back the extra once it is resolved and you are not at fault?

 

 

No, I don't have a dashcam yet, goddammit  :(
 

In the short/mid term  it's going to cost you anyway.

 

It'll be treated as an "At Fault" until everything is settled. Unless they admit blame you'll be due the excess up front as well.

 

Might as well contact your insurer soon, the quicker you start the quicker it'll be over.

 

If you want a car you'll probably have to go through the insurers choice of repair shop. From bitter experience clean the car and photograph every panel on the it and all the wheels and interior before they get their hands on it. My insurers repair shop did more damage than the lorry that scuffed me and it took 6 months to sort out.

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You'll be claiming off the other party's policy but should notify your own insurer "For information only" at this stage. Do you have Legal Expenses and ULR cover?

Sounds similar to a incident my Dad had a few years ago. Driver in the dedicated lane to leave the roundabout decided they wanted to leave at the next exit and went straight into the side on my Dad's month old XF.

 

Ended up going to Court as the driver who crashed into him changed their story. It looked like a 50/50 outcome for a while until it went to Court, where the blame was (rightly) put on the offending driver.

 

All I'm saying is, prepare for a battle, as soon as the other party get a whiff of 50/50, they'll chase it. Just make sure your Insurance company will fight your corner.

Bare in mind the insurance company for the third party will decide what to do based on what their client tells them happened at first, and to the end unless it's clear they are lying.

So it'll be dealt with as a fault accident to start with by your insurer.

I very much doubt the third party will go to their insurer and say they were in the wrong, it just rarely happens.

 

Roundabouts are great for 50/50 claims.

Someone pulled out on me and I drove straight into them.

Due to the dash cam it was clearly viewable as their fault.  But as you say, you don't have one.

So be prepared for a fight and it to take many months.

Getting your car repaired though the other partys insurance will affect your insurance renewal just as much as if you get it repaired through yours come renewal time. You pay your insurance for a service, I'd use that service, get them to repair your car and let them fight it out with the other party's insurance, that what you oh them for!

Yes that Vid.

You said as much in the thread did you not in post #641

Yup. Pretty much haha.

Getting your car repaired though the other partys insurance will affect your insurance renewal just as much as if you get it repaired through yours come renewal time. You pay your insurance for a service, I'd use that service, get them to repair your car and let them fight it out with the other party's insurance, that what you oh them for!

 

If they'd admitted fault then I'd had said use their insurer since it cuts out having to wait on an excess being recovered (again bitter experience). This case it looks like the other party is going to fight so get in first with your own guys.

  • Author

You'll be claiming off the other party's policy but should notify your own insurer "For information only" at this stage. Do you have Legal Expenses and ULR cover?

 

Until the other driver admits liability (IF) or the insurers decide they are liable (IF), then in order to get my car checked and fixed don't I need to involve my insurers?

I have legal cover both under insurer and Skoda Ensurance,although who knows who's is best? how do I decide who represents me?

ULR cover? sorry don't get it.

Ensurance will arrange repair at VW dealer repair centre with full Skoda warranty cover - they say crap courtesy car unless other driver admits liability, in which case I get a similar car.

They say if I hired a proper courtesy car, there would be a risk that I'd have to pay for it...

 

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If you have legal cover you'll use that to start the process against the third party's insurer. ULR stands for uninsured loss recovery - so all those things you mention like loss of earnings, expenses, etc. Some people buy the cover when they take out the motor policy, others don't. If you haven't then you may need to instruct an Accident Management firm to start your claim. The insurer may deal with this for you but you'll need to notify them of the incident. Lots of variables I'm afraid.

  • Author

Current situation is details exchanged and Skoda Ensurance involved - using a VW dealers bodyshop is the plan.

 

I'm hoping they will do the right thing and admit liability asap, so I can get a decent courtesy car hired and get on with my life...

  • Author

With Legal Cover (Both via mainstream insurers and Skoda Ensurance) are you able to nominate a legal team of your choice? or must it be the one they give you?


Also - Skoda Ensurance's legal team tell me they take up to a 10% cut of a settlement and want you to buy £200 legal insurance cover just in case you lose too!

 

What exactly do you pay a premium for legal cover for?

If you do "claim" on your own policy keep on top of your insurers. I had what I felt was a non fault claim a few years ago and told my insurers I was adamant I was not at fault an could prove it. They accepted my view point but shortly after I recieved a letter from MY insurers saying they were not going to dispute liability and the claim was going against me. I rang up and complained but they said it was too late and now I have a claim against me. Happy to go to PM if you want further details.

  • Author

Update - Other parties insurers are alleging that I changed lanes and crossed their path. I'm Lucking Fivid!

So, looks like I have a fight on my hands.

 

 

Dear spectators - buy a dashcam now. I mean like, RIGHT now.

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