Road rage saga - Where do I stand now?
Discussion
In May I was involved in a bit of a road rage incident during which my car was damaged, intentionally, by what later turned out to be an uninsured driver.
I explained in a post on another thread on here so I'll quote myself:
[quote="SC7"]My car had been in BMW for a week for some paintwork. I collected it on the Saturday morning, and was really pleased with the job. The car looked great. I also had all four alloys refurbed.
Two days later, I called at my parents' house for a brew. On my way home (with my little lad in the back) I set off down a road about 150 yards or so long, with cars parked all the way down the opposite side (a route I take all the time - you usually have to give way at the top or bottom). As I got about halfway down, a woman in a Honda FR-V starts coming the other way. There was no way I was going back, because not only was it my right of way but I was also over 100 yards down by the time we met. She sort of half pulled in to a bit of a gap, and motioned me to mount the kerb and pass her. I shook my head and motioned for her to go back, and she refused. At this point she opened her window, and again told me to go up the kerb. Again, I refused. After a bit of an exchange of shrugs, I turned off my engine, and told her I had all day. She had 3 kids in the car with her.
Woman then proceeds to tell me in many different ways how s
t I am at driving. At this point, I ask myself if it's worth the hassle for the sake of principals; so I tell her if she just drops back 10 feet or so I'll be more than happy to mount the lower part of the kerb and be on my way. Again she refuses to budge. She then begins to give me a bit of abuse, and tries to laugh with a bunch of lads who were passing about how bad my driving is, and what a wker I am; basically trying to embarrass/belittle me.
bks to this, I'm definitely not moving now.
So, she gets more and more irate. She gets out of her car, starts giving me st in my window. "You won't go up the kerb in that? It's st anyway, it's an S reg. Is it your Mummy's car? You look about 12." Etc.
Meh.
Anyway, this goes on for a good 10 minutes, and gets to a point where a few people are watching. Finally, massively agitated she tells me "You're going to have to move now, because I'm gonna ram you out of the way."
Guess what happened next.
She goes through a gap that was about a foot too small, hits my mirror, takes my rear wheel arch and wheel down to the metal, scrapes the entire rear quarter of a parked Rover, the front bumper, light and wing of a Saab... and fks off up the road in a cloud of dust.
Brill.
I call the police, insurance etc. and after about a week it transpires that this bh's policy had expired the day before.
5 months later I finally have a letter advising me that the matter is going to court. She had the cheek to tell the police she stopped and exchanged details with me, despite three independent witnesses stating otherwise. Guess how she got my address? A relative of hers lived on my street.
[/quote]
So anyway, a few weeks ago I was asked to submit a claim for compensation to be considered by the court. I sent the form off with an estimate from BMW for £1022 for the repair.
It went through court yesterday, and although I don't yet know full details, what I do know is that I've only been "awarded" £300 - to be paid to me in weekly instalments
Worse than that, the owners of the two other cars involved haven't been given a bean - Not a single penny in compensation, despite one of them technically being a write off.
To say I'm a bit unhappy is an understatement. Why only £300? Where has this figure come from and what, if anything, can I do about it?
I'm guessing this bint had her say in court; something which I wasn't offered. Also, I can't see it being a financial decision in her favour, since she seems to come from a fairly affluent area and bragged at the time of the incident that her car cost "eighteen and a half thousand pounds".
£300 was bad enough, but to get it weekly takes the piss.
I explained in a post on another thread on here so I'll quote myself:
[quote="SC7"]My car had been in BMW for a week for some paintwork. I collected it on the Saturday morning, and was really pleased with the job. The car looked great. I also had all four alloys refurbed.
Two days later, I called at my parents' house for a brew. On my way home (with my little lad in the back) I set off down a road about 150 yards or so long, with cars parked all the way down the opposite side (a route I take all the time - you usually have to give way at the top or bottom). As I got about halfway down, a woman in a Honda FR-V starts coming the other way. There was no way I was going back, because not only was it my right of way but I was also over 100 yards down by the time we met. She sort of half pulled in to a bit of a gap, and motioned me to mount the kerb and pass her. I shook my head and motioned for her to go back, and she refused. At this point she opened her window, and again told me to go up the kerb. Again, I refused. After a bit of an exchange of shrugs, I turned off my engine, and told her I had all day. She had 3 kids in the car with her.
Woman then proceeds to tell me in many different ways how s
t I am at driving. At this point, I ask myself if it's worth the hassle for the sake of principals; so I tell her if she just drops back 10 feet or so I'll be more than happy to mount the lower part of the kerb and be on my way. Again she refuses to budge. She then begins to give me a bit of abuse, and tries to laugh with a bunch of lads who were passing about how bad my driving is, and what a wker I am; basically trying to embarrass/belittle me.b
ks to this, I'm definitely not moving now.So, she gets more and more irate. She gets out of her car, starts giving me s
t in my window. "You won't go up the kerb in that? It's st anyway, it's an S reg. Is it your Mummy's car? You look about 12." Etc.Meh.
Anyway, this goes on for a good 10 minutes, and gets to a point where a few people are watching. Finally, massively agitated she tells me "You're going to have to move now, because I'm gonna ram you out of the way."
Guess what happened next.
She goes through a gap that was about a foot too small, hits my mirror, takes my rear wheel arch and wheel down to the metal, scrapes the entire rear quarter of a parked Rover, the front bumper, light and wing of a Saab... and f
ks off up the road in a cloud of dust.Brill.
I call the police, insurance etc. and after about a week it transpires that this b
h's policy had expired the day before.5 months later I finally have a letter advising me that the matter is going to court. She had the cheek to tell the police she stopped and exchanged details with me, despite three independent witnesses stating otherwise. Guess how she got my address? A relative of hers lived on my street.
[/quote]
So anyway, a few weeks ago I was asked to submit a claim for compensation to be considered by the court. I sent the form off with an estimate from BMW for £1022 for the repair.
It went through court yesterday, and although I don't yet know full details, what I do know is that I've only been "awarded" £300 - to be paid to me in weekly instalments
Worse than that, the owners of the two other cars involved haven't been given a bean - Not a single penny in compensation, despite one of them technically being a write off.
To say I'm a bit unhappy is an understatement. Why only £300? Where has this figure come from and what, if anything, can I do about it?
I'm guessing this bint had her say in court; something which I wasn't offered. Also, I can't see it being a financial decision in her favour, since she seems to come from a fairly affluent area and bragged at the time of the incident that her car cost "eighteen and a half thousand pounds".
£300 was bad enough, but to get it weekly takes the piss.
Edited by SC7 on Wednesday 6th October 13:15
randlemarcus said:
Civil claim for the amount of money you are out. Should be fairly easy, as she's been found guilty in a criminal court.
You might also want to drop something off with the owners of the other cars, telling them what you are up to, and how to do it themselves.
+1You might also want to drop something off with the owners of the other cars, telling them what you are up to, and how to do it themselves.
But sucks that you have to go through all that BS because the court failed to deliver a sensible outcome. And suck even more that she still has a driving licence and, seemingly, little in the way of punishment (barely even any disapproval) for her behaviour....
Stupid forum falling over mid-post, mutter, mutter, grumble....
Edited by Nick M on Wednesday 6th October 13:24
SC7 said:
I call the police, insurance etc. and after about a week it transpires that this bh's policy had expired the day before.
Have i missed something or did she get let off with having no insurance .. sometimes i wonder why i bother having insurance as the law doesn't seem to bother enforcing it?h's policy had expired the day before.Grey Ghost said:
randlemarcus said:
Civil claim for the amount of money you are out. Should be fairly easy, as she's been found guilty in a criminal court
This. Get a CCJ registered against her and screw up her credit history for many years to come 
What did she get convicted for? It sounds like criminal damage to me, which should give you plenty of weight in a CCJ.
Courts can settle matters based on the means of the defendant but aklso can determine contributory negligence and in this case, it's a Mexican stand-off which you could have resolved. the courts generally have no time for moral principles as they have to determine negligence not morality.
Yous hould have reported her for failing to stop and dangerous driving.
Yous hould have reported her for failing to stop and dangerous driving.
Thanks for all the replies so far guys. The civil claim idea definitely sounds like the most interesting one so far. My own insurance was not an option because unfortunately I'd claimed earlier in the year for a bump I had in a customer's car (trade policy) and was advised my premium would go up 50% should I claim again before renewal.
Just to clarify, I'm pretty sure that she was charged yesterday with - Failure to stop following an accident, failure to report an accident, driving without due care and attention and driving without valid insurance.
The sergeant had recommended a charge of criminal damage based on witness statements, but they decided not to pursue it as they were more confident of convictions with the rest.
As yet, I have no idea what she was or wasn't found guilty of. The CPS wouldn't give me specific details of the court proceedings since technically it had nothing to do with me.
Just to clarify, I'm pretty sure that she was charged yesterday with - Failure to stop following an accident, failure to report an accident, driving without due care and attention and driving without valid insurance.
The sergeant had recommended a charge of criminal damage based on witness statements, but they decided not to pursue it as they were more confident of convictions with the rest.
As yet, I have no idea what she was or wasn't found guilty of. The CPS wouldn't give me specific details of the court proceedings since technically it had nothing to do with me.
SC7 said:
As yet, I have no idea what she was or wasn't found guilty of. The CPS wouldn't give me specific details of the court proceedings since technically it had nothing to do with me.
The court should be able to provide details, should they not ?Given that it's now a matter of public record, to which you should have access.
What utter scum. As others have said, take her to civil court. The burden of proof is the balance of probabilities, and since she's already been found guilty where the burden of proof is higher (beyond reasonable doubt), you should be a shoe in to reclaim the balance of the bill for the damage.
Try to find a lawyer who will do no win no fee.
Best of luck in nailing the bh.
Try to find a lawyer who will do no win no fee.
Best of luck in nailing the b
h.Gassing Station | General Gassing [Archive] | Top of Page | What's New | My Stuff