Could use some advice please!!
Could use some advice please!!
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tamii

Original Poster:

1 posts

196 months

Thursday 24th June 2010
quotequote all
Hi wonder if anyone can help with this, I dont know where else to turn! Alorry crashed into me 3 months ago and still nothing seems to be getting sorted out. Here's what happened...I came off the roundabout, the road splits into two lanes. The left lane is for turning left, the right lane to go straight on into the center of town. The roads are clearly marked with 2/3 sets of painted arrows on the road, separate filter traffic lights for the two lanes and signposts on the traffic light posts. I took the left hand lane to turn left as I approached the lights were red and both lanes clear. I was the first car at the lights and waited 10-15 seconds. As the lights changed I slowly began approaching to take the left turn, unbeknown to me a 26 tonne lorry had approached behind me in the right lane and also tried to take the left turn. I realised too late and looked up to see the lorry crash into the side of me. Fortunately the lorry was driving quite slowly and did not cause serious injury. The lorry struck my front wing and ripped the front bumper off, my car was shunted up onto the curb. The driver admitted it was his fault at the scene though he later denied this and is contesting liability. A man approached me at the scene saying he was a doctor and gave me his details to be a witness. This happened over 3 months ago and his insurance company have still not decided liability. I had 3rd party insurance so no courtesy car for all this time and my insurance company are not very helpful, though they have written my car off! 3rd party insurance company have a different excuse every week, this week they are saying the drivers haulage company are self funding the claim so they are not really involved anymore. It seems obvious that he was in the wrong lane and is at fault so just cannot understand why it is taking so long. Have marked the spot on google maps, I was turning left onto george street from kirkgate http://maps.google.co.uk/maps?f=q&source=s_q&a... Any advice would be appreciated!! Thanks, Tamii

catman

2,504 posts

205 months

Thursday 24th June 2010
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May be worth speaking to a GOOD accident management company. Annie's Dad is often recommended on here. (Europa Car Consultants, I believe they're called)

Tim

frosted

3,549 posts

207 months

Thursday 24th June 2010
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That's what happens when you have 3rd party insurance only , although some companies are better than others . Takes the piss really . If you was fully comp and your insurance had to pay out to fix your car straight away then they would be pressing on to get their money back . How it is , they haven't paid anything so they are in no rush

LuS1fer

43,525 posts

275 months

Thursday 24th June 2010
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I learnt this the hard way too. When your car is written off, you are under a duty to mitigate your loss by replacing it immediately to establsih your minimum loss and have no entitlenment to a hire car from that point. It ignores the fact you may not be able to afford it sadly.

Did you have legal expenses insurance? If not, go to the local County Court and issue a small claims summons against the driver immediately. You can get this cost back if and when you win. On your account, it is inarguable. if he doesn't turn up, you ask for judgement in default. You are then entitled to take steps to enforce the debt.

Failing that, get along to a no win, no fee solicitors and get them to press it for you. If you win, their costs are claimed from the other side. If you lose, no fee.

catman

2,504 posts

205 months

Thursday 24th June 2010
quotequote all
When my car was written off, I too was only insured TPF&T, but my insurer put me in touch with an accident management company. They weren't brilliant, to be honest, but I had the use of a car for three months, which I couldn't have afforded otherwise.

Tim