Please Help I Need Some Advice : (
Discussion
I was driving home tonight and some Guy pulled out of a side road and smashed straight into the side of me.
Before anyone says it, I was not speeding but swerved to the other side of the road to avoid the impact. Unfortunately the guy carried on and smashed full on in to the side of my Liz. The impact smashed me across the road and very narrowly avoided an on coming car, a brick wall and a tree. Unfortunately I drove straight through someone’s garden smashing there hedge and stopping about a meter away from there front window.
Needless to say both me and my girlfriend are really shook up and very sore. I just can't believe the bloke carried on pulling out. if he had stopped I had enough control over the car to swerve and avoid the accident. As soon as he hit me it was game over.
I have 4 witness statements saying that if it wasn't for me trying to swerve and avoid the collision it could of been a lot worse. The Police Fire and Ambulance attended the accident and I was cleared of any dangerous driving. The problem I've got is that the guy who hit me has no Insurance! He hasn't even got a driving license......
Both me and my girlfriend are very sore, but are reluctant to claim or do anything due to the mind field we now face in all the damage which has been caused.
I do know that the Police have charged the driver and he will be prosecuted. I also know that he owns his own home so there for he has collateral.
What Piss's me off though is because I am a young driver and the guy who hit me was in his 40's the police and passers by automatically thought that I was speeding, until it came out that the guy can't even :censored: drive! I was the one in the back of the police car having a breath test while he was having medical attention.
I do have No Claims Protection on my policy but to be honest the way the car just crumbled I don't want it back. Plus it is going to take ages for it to be repaired and my policy only covers me for 2 weeks courtesy car cover.
Please can anyone Help because I haven't a clue what to do next and I'm going to be out of pocket with all the expenses that is round the corner.
Many Thanks
Chris
Before anyone says it, I was not speeding but swerved to the other side of the road to avoid the impact. Unfortunately the guy carried on and smashed full on in to the side of my Liz. The impact smashed me across the road and very narrowly avoided an on coming car, a brick wall and a tree. Unfortunately I drove straight through someone’s garden smashing there hedge and stopping about a meter away from there front window.
Needless to say both me and my girlfriend are really shook up and very sore. I just can't believe the bloke carried on pulling out. if he had stopped I had enough control over the car to swerve and avoid the accident. As soon as he hit me it was game over.
I have 4 witness statements saying that if it wasn't for me trying to swerve and avoid the collision it could of been a lot worse. The Police Fire and Ambulance attended the accident and I was cleared of any dangerous driving. The problem I've got is that the guy who hit me has no Insurance! He hasn't even got a driving license......
Both me and my girlfriend are very sore, but are reluctant to claim or do anything due to the mind field we now face in all the damage which has been caused.
I do know that the Police have charged the driver and he will be prosecuted. I also know that he owns his own home so there for he has collateral.
What Piss's me off though is because I am a young driver and the guy who hit me was in his 40's the police and passers by automatically thought that I was speeding, until it came out that the guy can't even :censored: drive! I was the one in the back of the police car having a breath test while he was having medical attention.
I do have No Claims Protection on my policy but to be honest the way the car just crumbled I don't want it back. Plus it is going to take ages for it to be repaired and my policy only covers me for 2 weeks courtesy car cover.
Please can anyone Help because I haven't a clue what to do next and I'm going to be out of pocket with all the expenses that is round the corner.
Many Thanks
Chris
You have a valid claim. Go and see a local firm of solicitors Monday morning. Do not call the claims direct claims farmers. Head for a local high street firm of solicitors and tell them what happened.
As for the weekend, give your insurers a full account of what happened, chill out and get well. I can see no reason why you wont recover all losses in full, especially as the other driver is being prosecuted. Even if anyone alleges speed, it isnt in itself proof of negligence. If it was a straight bit of road and you were there to be seen, the speed you were travelling is largely irrelevant.
As for the weekend, give your insurers a full account of what happened, chill out and get well. I can see no reason why you wont recover all losses in full, especially as the other driver is being prosecuted. Even if anyone alleges speed, it isnt in itself proof of negligence. If it was a straight bit of road and you were there to be seen, the speed you were travelling is largely irrelevant.
Did you pay an extra £10 or so on your insurance for the legal aid ? if so get in touch with them they'll attempt to recover everything for you. Also I did know a while back insurances had a bit of a fund for people who were hit by uninsured drivers, however it happens that much lately they probably have nothing left. Deffinatley go straight to you insurance though as they'll want to recover the money back.
The fund is the Motor Insurers' Bureau and it still operates. Its not that much help though as the 2 agreements (uninsured drivers' agreement and untraced drivers' agreement) dont cover everything. Under the uninsured drivers' agreement there is a large excess of £350 so if your own financial losses fall under this amount you wont get a penny unless you sue him directly.
There sounds little suggestion the guy was uninsured, unless the Bib are prosecuting for no insurance as well as Careless..
If you cant recover your excess etc from him insurers yourself, and you dont have the legal expenses insurance on your policy, email me through my profile and I'll assist in issuing proceedings against him to recover your financial losses. I work on a no win - no bottle of Macallan basis
Seriously though, dont worry too much, from what I have read there is no reason why you should be out of pocket at all.
There sounds little suggestion the guy was uninsured, unless the Bib are prosecuting for no insurance as well as Careless..
If you cant recover your excess etc from him insurers yourself, and you dont have the legal expenses insurance on your policy, email me through my profile and I'll assist in issuing proceedings against him to recover your financial losses. I work on a no win - no bottle of Macallan basis
Seriously though, dont worry too much, from what I have read there is no reason why you should be out of pocket at all.
Thanks for all your kind words and advice.
I'm just in abit of shock still and I'm so angry. It's people like him who drive all our insurance premiums up each year. I'm not one of these people who would go running to a claims firm, I don't believe in all this where there is a blame there is a claim.
BUT
I just want this chap to pay! My back and shoulder are really sore. Why should I lose time off work trying to sort out replacement cars and going to the hospital.
I will be really mad if the police don't throw the book at him. Dangerous driving, driving with out insurance Plus the real BIG ONE Driving with out a license.
I Will keep you all updated with what goes on, Lets just hope the law works in my favor and justice is done.
Thanks
>> Edited by cfoster on Saturday 10th September 11:22
I'm just in abit of shock still and I'm so angry. It's people like him who drive all our insurance premiums up each year. I'm not one of these people who would go running to a claims firm, I don't believe in all this where there is a blame there is a claim.
BUT
I just want this chap to pay! My back and shoulder are really sore. Why should I lose time off work trying to sort out replacement cars and going to the hospital.
I will be really mad if the police don't throw the book at him. Dangerous driving, driving with out insurance Plus the real BIG ONE Driving with out a license.
I Will keep you all updated with what goes on, Lets just hope the law works in my favor and justice is done.
Thanks
>> Edited by cfoster on Saturday 10th September 11:22
bogie said:
Shit - thats bad luck...but at least you both are OK
Im sure youre insurance will pay up.
It may be worth a post up on the Speed, Law forum on here as some of the boys in blue who post there may be offer some advice as to what happens in such cases.
Sound advice Bogie - hope you don't mind Chris (will remove on request) but have cross posted on the Speed, Plod, Law board to see if the BiB can offer some insight into the best course of action and any details of the "process" thaat you will go through. Thought you might get some reassurance as they were very helpful following the recent road rage incident my fiance was victim of in the Liz.
Glad you and your girlfriend aren't seriously hurt, wish you both a speedy recovery.
Stuart
[url] www.pistonheads.com/gassing/topic.asp?t=206735&f=10&h=0 [/url]
>> Edited by abz 7001 on Saturday 10th September 11:24
>> Edited by abz 7001 on Saturday 10th September 11:26
Chris, that's terrible news but thankfully you and Mrs you are ok.
I urge you to contact Steve Greensmith who posts on PH as "anniesdad". His company manage accident claims and he has helped me enormously since my accident in May. He also has access to an excellent firm of solicitors who I'm now dealing with on the uninsured losses.
I'm sure he'll be able to help.
I urge you to contact Steve Greensmith who posts on PH as "anniesdad". His company manage accident claims and he has helped me enormously since my accident in May. He also has access to an excellent firm of solicitors who I'm now dealing with on the uninsured losses.
I'm sure he'll be able to help.
Sorry to hear of your accident, glad you both are OK. Previous posters have offered some sound advice, I'm sure it will all work out well in the end, but it will take some time. Been there got the t-shirt myself.
Chin up, it could have been a whole lot worse.
Get down the pub tonight, with some friends and yesterdays events will fade as the beer's go down.
Good luck.
Jimbo
Chin up, it could have been a whole lot worse.
Get down the pub tonight, with some friends and yesterdays events will fade as the beer's go down.
Good luck.
Jimbo
Very similar thing happened to me just over 2 years ago, driving through a village at 30mph when out of a side road a woman (student) dosen't stop & just hits me on the pas side spinng me round, across the road & into some iron railings. Fortunately I had no passenger & only suffered a bruised & cut arm (painfull for a few weeks though)& torn clothing (Elise Fleece). She was not insured either.
I took out legal protection with my insurance & let them sort it all out & they were great. Got the car back after 5 months & recovered all my costs inc excess, damaged clothing & towing charges. They also got me compensation for my arm.
She got 6 points & £385 fine for careless driving & no insurance!! You can see why people don't bother with insurance if that's all they get......
As said above get a solicitor if you have no legal protection & let them do the work for you, well worth it.
Don't be put off having the car repaired (if it can be) mines just as great as it was (if not better).
After crash:
After repair:
I took out legal protection with my insurance & let them sort it all out & they were great. Got the car back after 5 months & recovered all my costs inc excess, damaged clothing & towing charges. They also got me compensation for my arm.
She got 6 points & £385 fine for careless driving & no insurance!! You can see why people don't bother with insurance if that's all they get......
As said above get a solicitor if you have no legal protection & let them do the work for you, well worth it.
Don't be put off having the car repaired (if it can be) mines just as great as it was (if not better).
After crash:
After repair:
If you've sustained injuries then the Motor Insurance Bureau should be able to compensate you.
As for the damage to the car, if the guy is successfully prosecuted, a civil claim should be easier as the burden of proof is lower, although in one they'll be proving he had no insurance rather than the accident being his fault. But it should make a negligence claim easier to prove.
Personally I'd want to see the guy's home repossessed so that you can drive past him in his cardboard box laughing, that'll learn 'im
As for the damage to the car, if the guy is successfully prosecuted, a civil claim should be easier as the burden of proof is lower, although in one they'll be proving he had no insurance rather than the accident being his fault. But it should make a negligence claim easier to prove.
Personally I'd want to see the guy's home repossessed so that you can drive past him in his cardboard box laughing, that'll learn 'im
S Works said:
Chris, that's terrible news but thankfully you and Mrs you are ok.
I urge you to contact Steve Greensmith who posts on PH as "anniesdad". His company manage accident claims and he has helped me enormously since my accident in May. He also has access to an excellent firm of solicitors who I'm now dealing with on the uninsured losses.
I'm sure he'll be able to help.
I'd definitely second that. Steve helped when my neighbour reversed into my car (though he was insured) and is a very genuine and helpful bloke. Even if his company can't help directly I'm near certain he'll be able to point you in the direction of those that can.
Wow Thanks for all your great advice. All you guys are top chaps!
Both me and Emma have been to the hospital today to be checked over. I have a bruised Kidney and a very sore back. Em has a sore neck / shoulder where the car hit her side.
It broke my heart this afternoon watching my car being dragged away. The suspension is smashed and all 4 wheels have been bent and have chunks missing. Both tyres have blown and the front of the car is missing.
I've got some photos but don't know who to host, So if anyone can host them I'll mail them to you.
I've spoken to my insurance company "tesco" and they have appointed me a solicitor who will contact me on Monday. Which will also be the day when my 1.0 matiz turns up
Apparently all the lotus courtesy cars are out 
What made me laugh was when the car was being taken away the guy who smashed into us came over to say sorry. He then said his not sure who's fault it was and I'm sure the Police will sort it out!
I'm not a violent man but I could of knocked Him on his arse there and then! I pointed out the fact that he doesn’t even have a licence and how dare he come over and try and say I was Part responsible. I then said that I'll see him at his hearing just to make sure he can't do this to anyone else.
To be honest I've done the right thing by walking away, I've also bought the two people who's front garden I trashed a bouquet of flowers to say sorry. I've even cleaned up their drive and offered to replant any flowers and trees which were destroyed.
It's just all one big inconvenience I can do without, but I'm sure things will turn a corner.
Once again Thanks for all your help, it means a lot to both me and Emma
Both me and Emma have been to the hospital today to be checked over. I have a bruised Kidney and a very sore back. Em has a sore neck / shoulder where the car hit her side.
It broke my heart this afternoon watching my car being dragged away. The suspension is smashed and all 4 wheels have been bent and have chunks missing. Both tyres have blown and the front of the car is missing.
I've got some photos but don't know who to host, So if anyone can host them I'll mail them to you.
I've spoken to my insurance company "tesco" and they have appointed me a solicitor who will contact me on Monday. Which will also be the day when my 1.0 matiz turns up
Apparently all the lotus courtesy cars are out What made me laugh was when the car was being taken away the guy who smashed into us came over to say sorry. He then said his not sure who's fault it was and I'm sure the Police will sort it out!
I'm not a violent man but I could of knocked Him on his arse there and then! I pointed out the fact that he doesn’t even have a licence and how dare he come over and try and say I was Part responsible. I then said that I'll see him at his hearing just to make sure he can't do this to anyone else.
To be honest I've done the right thing by walking away, I've also bought the two people who's front garden I trashed a bouquet of flowers to say sorry. I've even cleaned up their drive and offered to replant any flowers and trees which were destroyed.
It's just all one big inconvenience I can do without, but I'm sure things will turn a corner.
Once again Thanks for all your help, it means a lot to both me and Emma
cfoster said:
What made me laugh was when the car was being taken away the guy who smashed into us came over to say sorry. He then said his not sure who's fault it was and I'm sure the Police will sort it out!
I'm not a violent man but I could of knocked Him on his arse there and then!
What a dull cnunt he must have been, fair play for not doing anything but I dont think I would have been able to restrain myself if he said that.
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