50/50 settle or go to COURT?
Discussion
Hello everyone
I am very new here and first time posting so please be kind
date of accident- January 2018
Time: 21:00
brief summary
i was driving my car a Vauxhall Corsa along single carriageway road with one lane in each direction when another vehicle (PEUGOT) suddenly approached into my lane. The vehicle was at an slight angle as if he was turning into a car park on my side of the road. The moment I saw this, I instinctively swerved to avoid a collision with the PEUGOT and hit into the rear end of another stationary car (CITROEN) parked on my side of the road. The PEUGOT was turning into car park. Police and ambulance were called.
NO CCTV, no dash cam, no independent witnesses .
My car was a total write off - excess paid and insurance company ADMIRAL paid out for the loss of my car. As i was coming up to 3 years i have also lost all my NCB with ADMIRAL as they "can not be protected" if it's less then 3 years
I also have personal injury claim as i was hospitalised with some serious injuries.
The claimant (the driver of the CITROEN) has offered settle 50/50. I have initially rejected this and asked 75/25 but they have refused
Has anyone been in a similar situation and if so what did you do, would you settle or take it to court (small claims court) and take your chances?
I am inclined to settle as i am thinking if this goes to court and i loose, i may not receive anything at all
sorry for the long post
thanks all
I’m
Well didn’t think I’d get many responses ...... but thanks for everyone ‘helpful advice’. Appreciated
FYI.... matter has been settled
I am very new here and first time posting so please be kind
date of accident- January 2018
Time: 21:00
brief summary
i was driving my car a Vauxhall Corsa along single carriageway road with one lane in each direction when another vehicle (PEUGOT) suddenly approached into my lane. The vehicle was at an slight angle as if he was turning into a car park on my side of the road. The moment I saw this, I instinctively swerved to avoid a collision with the PEUGOT and hit into the rear end of another stationary car (CITROEN) parked on my side of the road. The PEUGOT was turning into car park. Police and ambulance were called.
NO CCTV, no dash cam, no independent witnesses .
My car was a total write off - excess paid and insurance company ADMIRAL paid out for the loss of my car. As i was coming up to 3 years i have also lost all my NCB with ADMIRAL as they "can not be protected" if it's less then 3 years
I also have personal injury claim as i was hospitalised with some serious injuries.
The claimant (the driver of the CITROEN) has offered settle 50/50. I have initially rejected this and asked 75/25 but they have refused
Has anyone been in a similar situation and if so what did you do, would you settle or take it to court (small claims court) and take your chances?
I am inclined to settle as i am thinking if this goes to court and i loose, i may not receive anything at all
sorry for the long post
thanks all
I’m
Edited by xuchia117 on Thursday 2nd May 00:15
Well didn’t think I’d get many responses ...... but thanks for everyone ‘helpful advice’. Appreciated
FYI.... matter has been settled
Edited by xuchia117 on Sunday 5th May 11:44
Don't the insurance companies usually just sort all this out? Missus backed into another car that was also reversing in a car park. Insurance companies just agreed a 50/50 and that was that.
Also, not sure how you have a leg to stand on. Only way you'd have had a case really was if you'd hit the car that had cross the white line into your lane, which incidentally, the missus also suffered once, and we get a full payout, despite the other party trying to put up a fight.
Seeing a theme here with my missus and crashing cars?
Also, not sure how you have a leg to stand on. Only way you'd have had a case really was if you'd hit the car that had cross the white line into your lane, which incidentally, the missus also suffered once, and we get a full payout, despite the other party trying to put up a fight.
Seeing a theme here with my missus and crashing cars?
xuchia117 said:
Hello everyone
I am very new here and first time posting so please be kind
date of accident- January 2018
Time: 21:00
brief summary
i was driving my car a Vauxhall Corsa along single carriageway road with one lane in each direction when another vehicle (PEUGOT) suddenly approached into my lane. The vehicle was at an slight angle as if he was turning into a car park on my side of the road. The moment I saw this, I instinctively swerved to avoid a collision with the PEUGOT and hit into the rear end of another stationary car (CITROEN) parked on my side of the road. The PEUGOT was turning into car park. Police and ambulance were called.
NO CCTV, no dash cam, no independent witnesses .
My car was a total write off - excess paid and insurance company ADMIRAL paid out for the loss of my car. As i was coming up to 3 years i have also lost all my NCB with ADMIRAL as they "can not be protected" if it's less then 3 years
I also have personal injury claim as i was hospitalised with some serious injuries.
The claimant (the driver of the CITROEN) has offered settle 50/50. I have initially rejected this and asked 75/25 but they have refused
Has anyone been in a similar situation and if so what did you do, would you settle or take it to court (small claims court) and take your chances?
I am inclined to settle as i am thinking if this goes to court and i loose, i may not receive anything at all
sorry for the long post
thanks all
Quoted for posterity, since the story makes little sense.I am very new here and first time posting so please be kind
date of accident- January 2018
Time: 21:00
brief summary
i was driving my car a Vauxhall Corsa along single carriageway road with one lane in each direction when another vehicle (PEUGOT) suddenly approached into my lane. The vehicle was at an slight angle as if he was turning into a car park on my side of the road. The moment I saw this, I instinctively swerved to avoid a collision with the PEUGOT and hit into the rear end of another stationary car (CITROEN) parked on my side of the road. The PEUGOT was turning into car park. Police and ambulance were called.
NO CCTV, no dash cam, no independent witnesses .
My car was a total write off - excess paid and insurance company ADMIRAL paid out for the loss of my car. As i was coming up to 3 years i have also lost all my NCB with ADMIRAL as they "can not be protected" if it's less then 3 years
I also have personal injury claim as i was hospitalised with some serious injuries.
The claimant (the driver of the CITROEN) has offered settle 50/50. I have initially rejected this and asked 75/25 but they have refused
Has anyone been in a similar situation and if so what did you do, would you settle or take it to court (small claims court) and take your chances?
I am inclined to settle as i am thinking if this goes to court and i loose, i may not receive anything at all
sorry for the long post
thanks all
FWIW said:
He must mean 50/50 with the Pug, surely? If so, I’d definitely take that.
Protected ncb is b
ks by the way, they’ll load your premium regardless.
It would help if you understood that NCB (protected or not) is not designed to stop the premium being loaded in the event that the risk profile changes negatively.Protected ncb is b
ks by the way, they’ll load your premium regardless.This makes no sense. Let me see if I have interpreted correctly:
1. You were heading down a single carriageway road minding your own business.
2. The Peugeot was coming towards you from the opposite direction? Is that right? It's not clear.
3. The Peugeot turned across your path to get into a car park and you swerved to avoid this, hitting the back of a parked car. You don't say whether you hit the Peugeot at all. Did you?
4. You refer to Peugeot driver as "the Claimant". Is he making a claim against you? Has your insurance company instructed solicitors on your behalf? If so, have you spoken to them about this? (I only say this as, if you were hospitalised and have a claim you want to bring, and if Court proceedings have been issued by "the Claimant" against you then you will need to prepare a counterclaim urgently, otherwise you will lose your chance to claim). Or, are you simply being pursued at present by "the Claimants" insurers?
Once you've answered the above, people (including me) will be more willing to help.
1. You were heading down a single carriageway road minding your own business.
2. The Peugeot was coming towards you from the opposite direction? Is that right? It's not clear.
3. The Peugeot turned across your path to get into a car park and you swerved to avoid this, hitting the back of a parked car. You don't say whether you hit the Peugeot at all. Did you?
4. You refer to Peugeot driver as "the Claimant". Is he making a claim against you? Has your insurance company instructed solicitors on your behalf? If so, have you spoken to them about this? (I only say this as, if you were hospitalised and have a claim you want to bring, and if Court proceedings have been issued by "the Claimant" against you then you will need to prepare a counterclaim urgently, otherwise you will lose your chance to claim). Or, are you simply being pursued at present by "the Claimants" insurers?
Once you've answered the above, people (including me) will be more willing to help.
I'd say your fortunate anyone is even going 50/50 with you whichever other car that may be. If I was the Pugeot driver I'd have said I did not cross the white lines and remained on my own side of the road and you swerved for an unknown reason. take 50/50 (if this is even a real story)
Bumblebee7 said:
Definitely go to court. From your description it sounds like you will receive a very large compensation payment.
It sounds like the whole incident could have been avoided if only the owner of the parked CITROEN had acted quick enough and moved the car out of your path.
What absolute rubbish. It sounds like the whole incident could have been avoided if only the owner of the parked CITROEN had acted quick enough and moved the car out of your path.
If the car park not been there the PEUGEOT could not have turned across in front of the OP.
Contact the owner of the car park to discuss receiving a very large compensation payment.
NGee said:
What absolute rubbish.
If the car park not been there the PEUGEOT could not have turned across in front of the OP.
Contact the owner of the car park to discuss receiving a very large compensation payment.
You're right, I was thinking too reactively and not preemptively. Go straight to the root of the problem. The land developer of the car park is bound to have insurance specifically for these instances as well.If the car park not been there the PEUGEOT could not have turned across in front of the OP.
Contact the owner of the car park to discuss receiving a very large compensation payment.
Bumblebee7 said:
You're right, I was thinking too reactively and not preemptively. Go straight to the root of the problem. The land developer of the car park is bound to have insurance specifically for these instances as well.
Unbelievable, I can't understand how you all can be so wide of the mark. You need to issue a law suite on the creator of the land ("The Creator"). If he'd observed the proper processes rather than rush the whole thing through in 7 days, this would never have happened.Bert
BertBert said:
Bumblebee7 said:
You're right, I was thinking too reactively and not preemptively. Go straight to the root of the problem. The land developer of the car park is bound to have insurance specifically for these instances as well.
Unbelievable, I can't understand how you all can be so wide of the mark. You need to issue a law suite on the creator of the land ("The Creator"). If he'd observed the proper processes rather than rush the whole thing through in 7 days, this would never have happened.Bert
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