Just a quick update. Finally got my car back from the Bodyshop - big thanks to Colin at Motorcare, T/Wells.

Repairs are spot on.

BUT......

The other driver/insurance company (LV) are contesting liability!

My solictor has received a letter from LV suggesting that it was me at fault! Apparently she has admitted being on the wrong side of the road overtaking the skip!

As you will see from the first piture the skip is miles away and there is no reason, other than the fact she was speeding and not in control, that she did not pull back onto her side of the road.

You will also see the hazard centre lines that she has crossed along with the location of the damage to both vehicles and how they have come to rest. Let alone the 5 independent witnesses who saw the collision and also the two additional witnesses who saw her manner of driving just prior.

Hopefully the police prosecution will solve the matter and she will get what she deserves!

That is disgusting :( Sorry to hear this, but glad the car is back with you.

Insurance companies will seemingly try anything to get out of paying up these days.

Good luck with it all.

This is pretty standard. They'll always try and worm out of it, even if they haven't got a chance. Don't worry about it, all it needs is a letter back explaining the accident accompanied by the photos ad that should be the end of it.

Just a quick update. Finally got my car back from the Bodyshop - big thanks to Colin at Motorcare, T/Wells.

Repairs are spot on.

BUT......

The other driver/insurance company (LV) are contesting liability!

My solictor has received a letter from LV suggesting that it was me at fault! Apparently she has admitted being on the wrong side of the road overtaking the skip!

As you will see from the first piture the skip is miles away and there is no reason, other than the fact she was speeding and not in control, that she did not pull back onto her side of the road.

You will also see the hazard centre lines that she has crossed along with the location of the damage to both vehicles and how they have come to rest. Let alone the 5 independent witnesses who saw the collision and also the two additional witnesses who saw her manner of driving just prior.

Hopefully the police prosecution will solve the matter and she will get what she deserves!

Unfortunately, all the her Insurance can do initially, is to report the position of their client as reported to them. There may be a bit of argy-bargy as it's not a simple case of running into the back of someone.

Have you got statements from witnesses or did the Police do it all? Can you get statements from the witnesses?

Hope it all turns out alright in the end but don't pin all of your hopes on a speedy resolution.

J.

Have you got statements from witnesses or did the Police do it all? Can you get statements from the witnesses?

J.

I was very pro-active in getting all the contact details of witnesses that I could. These have been passed onto my insurance company who have started collecting their accounts.

The Police were called and reported her for carless driving at the scene, after interviewing her under caution etc and speaking to the witnesses.

I have spoken to the case worker at the Police station. They have had most of the witness statements back and have told me they have good evidence to persue a prosecution.

I just can't believe her insuarcne company don't seem to be recognising this as evidence that she was at fault.

She was on the wrong side of the road and had crossed hazard centre white lines which can be clearly seen in the photos.

AAARRRRGGGGGHHHH!!!!

I'm sure all will be sorted in the end,insurance companys will allways try to get out of paying

You can, or at least you used to be able to get a copy of the police report on the incident.

I had a collission with a young lad on a cycle in 1989(ish) and the insurance company suggested this route to me.

I had to pay 25 or 30 notes but got a copy of the report and the cyclists witness statement. (Cyclist was at fault BTW, but had no insurance and no job so pointless pursuing it too far)

Steve

I think I'll have to wait until the police prosecution has been concluded before I can get a copy of it though. So just going to have to wait.

man what a stupid chavvy div! hope all is well, and dont worry youl die after it, i witnessed a crash last night, m3 in the wet he was side ways then went on its side after hitting a curb!! the guy was standing up in his car with his feet on the glass jumping out, : /

Only just spotted this!

Sorry to hear about your situation Delroy. She must have been going pretty quick! Camden Road is a very slow road, especially at that time during the day! Loads of parked cars.

It's a good job you got all the details of the witnesses, she's going to struggle to wangle out of that one!

Glad to hear your cars back on the road. I think I've seen you about actually.

She must have been going pretty quick! Camden Road is a very slow road, especially at that time during the day! Loads of parked cars.

It's a good job you got all the details of the witnesses, she's going to struggle to wangle out of that one!

Tell me about it!

I've compiled a list below of a few points from the Highway Code that she has neglected to obey. (Listed in the order the appear).

I think the easiest to prove are points 127, 162-167. But can anyone think of any that I've missed?

119

Skids. Skidding is usually caused by the driver braking, accelerating or steering too harshly or driving too fast for the road conditions. If skidding occurs, remove the cause by releasing the brake pedal fully or easing off the accelerator. Turn the steering wheel in the direction of the skid. For example, if the rear of the vehicle skids to the right, steer immediately to the right to recover.

125

The speed limit is the absolute maximum and does not mean it is safe to drive at that speed irrespective of conditions. Driving at speeds too fast for the road and traffic conditions is dangerous. You should always reduce your speed when

• the road layout or condition presents hazards, such as bends

• sharing the road with pedestrians, cyclists and horse riders, particularly children, and motorcyclists

• weather conditions make it safer to do so

• driving at night as it is more difficult to see other road users

126

Stopping Distances. Drive at a speed that will allow you to stop well within the distance you can see to be clear.

127

A broken white line. This marks the centre of the road. When this line lengthens and the gaps shorten, it means that there is a hazard ahead. Do not cross it unless you can see the road is clear and wish to overtake or turn off.

144

You MUST NOT

• drive dangerously

• drive without due care and attention

• drive without reasonable consideration for other road users

148

Safe driving and riding needs concentration.

Avoid distractions when driving or riding such as

• loud music (this may mask other sounds)

• trying to read maps

• inserting a cassette or CD or tuning a radio

• arguing with your passengers or other road users

• eating and drinking

• smoking

(There is a statement from one witness saying she was engrossed in conversation with one of her passengers to evidence above point)

160

Once moving you should

• keep to the left, unless road signs or markings indicate otherwise. The exceptions are when you want to overtake, turn right or pass parked vehicles or pedestrians in the road

162

Before overtaking you should make sure

• the road is sufficiently clear ahead

• road users are not beginning to overtake you

• there is a suitable gap in front of the road user you plan to overtake

163

Overtake only when it is safe and legal to do so. You should

• not get too close to the vehicle you intend to overtake

• use your mirrors, signal when it is safe to do so, take a quick sideways glance if necessary into the blind spot area and then start to move out

• not assume that you can simply follow a vehicle ahead which is overtaking; there may only be enough room for one vehicle

• move quickly past the vehicle you are overtaking, once you have started to overtake. Allow plenty of room. Move back to the left as soon as you can but do not cut in

• take extra care at night and in poor visibility when it is harder to judge speed and distance

• give way to oncoming vehicles before passing parked vehicles or other obstructions on your side of the road

• only overtake on the left if the vehicle in front is signaling to turn right, and there is room to do so

• stay in your lane if traffic is moving slowly in queues. If the queue on your right is moving more slowly than you are, you may pass on the left

• give motorcyclists, cyclists and horse riders at least as much room as you would when overtaking a car (see Rules 211-215)

166

DO NOT overtake if there is any doubt, or where you cannot see far enough ahead to be sure it is safe. For example, when you are approaching

• a corner or bend

• a hump bridge

• the brow of a hill

167

DO NOT overtake where you might come into conflict with other road users. For example

• approaching or at a road junction on either side of the road

• where the road narrows

• when approaching a school crossing patrol

• between the kerb and a bus or tram when it is at a stop

• where traffic is queuing at junctions or road works

• when you would force another road user to swerve or slow down

• at a level crossing

• when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled

• stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left

• when a tram is standing at a kerbside tram stop and there is no clearly marked passing lane for other traffic

Insurance companies will seemingly try anything to get out of paying up these days.

Good luck with it all.

All LV will be doing is acting on behalf of their client and what she told them. If she said she didn't do it they have to take that as the truth until there is proof otherwise.

The other driver/insurance company (LV) are contesting liability!

Unbelievable! As you can see from another thread here, my car was slammed into while parked (legally) and while I was indoors. It was an angry, drunk driver who ran away from the scene and was apprehended by police later. The incident was observed by three or four witnesses and the police appeared on the scene within 10 minutes and took statements from them. His insurance company is not admitting liability!

Was your repair OK? No misalignment problems? Can you see any signs of repair?

Unbelievable! As you can see from another thread here, my car was slammed into while parked (legally) and while I was indoors. It was an angry, drunk driver who ran away from the scene and was apprehended by police later. The incident was observed by three or four witnesses and the police appeared on the scene within 10 minutes and took statements from them. His insurance company is not admitting liability!

Was your repair OK? No misalignment problems? Can you see any signs of repair?

It's a joke really. It's just so frustrating and costly interms of time and money. Hopefully I'll get it sorted.

Spoke to the Old Bill today. They are definatley looking to prosecute the other driver. She won't even be offered the chance to go on one of these driving improvement courses.

I was told they have suceeded at court with far less evidence. All the independent witness have completed questionaires and there are accounts from other witnesses some 500 yards before the collision who can give evidence as to the manner of her driving.

Hopefully, if the Magistrate has a brain, or is advised correctly, the aggravating factors, such as my car ending up on a pavement and the nearby school should result in a hefty fine (maximum £2,500) lots of points or ideally a ban. That'll teach her a lesson!

With regards to the repair it is very good. No evidence as to it being repaired apart from the brand new wheel and tyre. Also the door had small stone chip on it along with the bumper, but both have been changed completely.

I'll post some pics later so you can see.

With regards to the repair it is very good. No evidence as to it being repaired apart from the brand new wheel and tyre. Also the door had small stone chip on it along with the bumper, but both have been changed completely.

There are various concerns that I have with the repair: 1) possible misalignments, 2) weakened structure, 3) premature rusting, 4) visible repairs, 5) interior upholstery condition, 6) development of rattles and squeaks, 7) paint matching (it is metallic blue with Diamondbrite treatment).

These could become apparent later - well after having accepted the car. That could be a real hassle.

Not wanting to put a downer on things for you mate, but when someone a**ended one of my old cars (fully his fault) my insurance still went up afterwards.

The claim was all paid for by his insurer, but when I told my insurer come renewal time, they upped my premium on the basis I'd been in an accident. It wasn't my fault - in fact I was stationary when the guy stuffed his van up my jacksy, but it made no difference.....until I complained to the call centre supervisor and they decided not to up my premium.

It's disgusting the fact that some other t1t can come along, ruin your pride and joy by no fault of your own and you still get penalised for it purely based on statistics.

My advice to you - if they try putting up your premium as a result of this, complain like hell. Worked for me.

The Police were called and reported her for carless driving at the scene

She'll be doing a lot more carless driving from now on then....

Not wanting to put a downer on things for you mate, but when someone a**ended one of my old cars (fully his fault) my insurance still went up afterwards.

The claim was all paid for by his insurer, but when I told my insurer come renewal time, they upped my premium on the basis I'd been in an accident. It wasn't my fault - in fact I was stationary when the guy stuffed his van up my jacksy, but it made no difference.....until I complained to the call centre supervisor and they decided not to up my premium.

It's disgusting the fact that some other t1t can come along, ruin your pride and joy by no fault of your own and you still get penalised for it purely based on statistics.

My advice to you - if they try putting up your premium as a result of this, complain like hell. Worked for me.

I did think this may be the case. Very frustrtating as I'll be 26 this year so insurance has only just got to a reasonable level anyway.

I used Chris Knott last year who was very good at finding a fantastic price, hopefully they can help as much this year.

I did think this may be the case. Very frustrtating as I'll be 26 this year so insurance has only just got to a reasonable level anyway.

I used Chris Knott last year who was very good at finding a fantastic price, hopefully they can help as much this year.

Yeah, I doubt you'll have too much of a problem mate.

Good luck anyway getting it all sorted out. It's a nightmare at the time but you'll get through it.

Sorry but everyone slagging the insurers off.

If you hit somebody and told your insurer you didn't think you were to blame then would you want them saying yeah you were and paying out before they even had the full facts. They have to verify all the evidence.

I would guess that if the other driver is found guilty they will accept she lied to them. At that point I'd think they would pay out and also give their policy holder a very hard time for lying.

What? We're slagging insurers off from personal experience. They gave me a hard time as someone else mangled my car - their fault, their claim. The fact that they tried putting my premium up over someone elses mistake (which the other persons insurer paid for) is atrocious. All this was done after all the facts had been sorted etc, not right at the start, and my renewal came about 6 months after the prang.

There are various concerns that I have with the repair: 1) possible misalignments, 2) weakened structure, 3) premature rusting, 4) visible repairs, 5) interior upholstery condition, 6) development of rattles and squeaks, 7) paint matching (it is metallic blue with Diamondbrite treatment).

These could become apparent later - well after having accepted the car. That could be a real hassle.

The body shop used was my own choice which is Manufacturer approved. i.e not just some rubbish insurance only approved bodyshop which are generally much cheaper (that's why insurance companies like them). I had a bit of a 'discussion' with my insurance company about this but after I reminded them it was my choice they kept quiet!

They are munufaturer approved by Aston Martin, Bentley, Merc, BMW, Lexus, Lotus, VAG. As a result they are very closely monitored to maintain this status and are notoriuosly expensive.

The repair itself was not a massive, massive job for them.

So I have no concerns about misalignments/weakened structure/premature rusting. Its all probaly better now than it was before the collision.

There is no evidecne of the repair apart from the lack of stone chips and blemishs. The new tyre and wheel, the new suspension components, and new discs pads may be a very subtle give away at the moment but after after a few weeks these will get dirty and look normal.

The interior is as it was so no concerns there. Any trim, panel etc that has come off has been replaced as most of it is one way fit so I don't think there will be an impact on squeaks or rattles.

Also the colour match which is actually diamond silver is spot on. It was blended into the front door, tail gate and other side so there is no difference.

Also my Dad has number of influential contacts within the local retailer network and after a bit of name dropping it was very obvious they were looking after me and any problem I can take it back.

As promised here is a pic of the hire car - Golf GT Sport (2.0TDI 140BHP) and some of my car now

(NB All taken with phone)

I know I'm going a bit mad updating this thread todady, but it's for a reason.....

....after a letter and phots pointing out and evidencing the various aspects of the Highway Code that the other driver failed to comply with......

....there is no longer a dispute over liability!!!!