Would the insurance pay out in such circumstances?
Discussion
http://www.bbc.co.uk/news/uk-england-sussex-209443...
bbc said:
Firefighters cut the roof off a woman's undamaged car to rescue two people she gave shelter to following an accident.
Janice Dunlop narrowly avoided the accident herself when a lorry overturned on the A27 near Arundel, colliding with two cars.
She allowed the pair to wait in her car but firefighters cut the roof off after the two complained of neck pains and paramedics needed to move them.
Mrs Dunlop said she is still unsure whether insurers will replace the car.
She said the accident on Sunday was "complete carnage".
"Seeing a lorry come towards me as I was driving up the hill - I just had to get my car out of the way and hope for the best," she said.
"If I was a second earlier I would have been one of those cars."
She said the pair got out of their car and "found their way" into her Vauxhall Vectra to take refuge.
It was then that they developed neck pain and the emergency services decided to cut the roof off.
Janice Dunlop narrowly avoided the accident herself when a lorry overturned on the A27 near Arundel, colliding with two cars.
She allowed the pair to wait in her car but firefighters cut the roof off after the two complained of neck pains and paramedics needed to move them.
Mrs Dunlop said she is still unsure whether insurers will replace the car.
She said the accident on Sunday was "complete carnage".
"Seeing a lorry come towards me as I was driving up the hill - I just had to get my car out of the way and hope for the best," she said.
"If I was a second earlier I would have been one of those cars."
She said the pair got out of their car and "found their way" into her Vauxhall Vectra to take refuge.
It was then that they developed neck pain and the emergency services decided to cut the roof off.
I'm probably missing something but why couldn't the passengers just get out through the door? The car wasn't damaged, and they got in ok.
I thought cutting the roof was if there was no other way out? Or was it because the paramedics did not want the passengers to move much hence lifting them through the roof.
I think the "victims" are the usual no win no fee b
ds.
I thought cutting the roof was if there was no other way out? Or was it because the paramedics did not want the passengers to move much hence lifting them through the roof.
I think the "victims" are the usual no win no fee b
ds.pops and bangs said:
I'm probably missing something but why couldn't the passengers just get out through the door?
I thought cutting the roof was if there was no other way out?
Initially they felt OK, but then started with neck pains - usually this would be whiplash, but it could have been a broken neck and adrenaline stopping them noticing at first. So the Fire service like to play safe (and play with their toys) - take the roof off and lift the person out.I thought cutting the roof was if there was no other way out?
Maybe I'll make the next car a convertible...
maffski said:
pops and bangs said:
I'm probably missing something but why couldn't the passengers just get out through the door?
I thought cutting the roof was if there was no other way out?
Initially they felt OK, but then started with neck pains - usually this would be whiplash, but it could have been a broken neck and adrenaline stopping them noticing at first. So the Fire service like to play safe (and play with their toys) - take the roof off and lift the person out.I thought cutting the roof was if there was no other way out?
Maybe I'll make the next car a convertible...
maffski said:
Initially they felt OK, but then started with neck pains - usually this would be whiplash, but it could have been a broken neck and adrenaline stopping them noticing at first. So the Fire service like to play safe (and play with their toys) - take the roof off and lift the person out.
Maybe I'll make the next car a convertible...
Ah ok that makes sense.Maybe I'll make the next car a convertible...
I'm cyncial and first thing that came to mind was "Ching Ching"
If it only ends up being a whiplash claim they make then the women went through that for nothing.
Bungleaio said:
I would say that she should be able to claim from the person who caused the accident in the 1st place.
Although her cas wasn't damaged in the accident it was damaged as a direct result of it.
I agree with that.Although her cas wasn't damaged in the accident it was damaged as a direct result of it.
Or the woman whose car had it's roof cut off should get the whiplash payout that the 'victims' are expecting.
Toaster Pilot said:
maffski said:
pops and bangs said:
I'm probably missing something but why couldn't the passengers just get out through the door?
I thought cutting the roof was if there was no other way out?
Initially they felt OK, but then started with neck pains - usually this would be whiplash, but it could have been a broken neck and adrenaline stopping them noticing at first. So the Fire service like to play safe (and play with their toys) - take the roof off and lift the person out.I thought cutting the roof was if there was no other way out?
Maybe I'll make the next car a convertible...
having said that the vans got a bench seat in the front so I think you could have got her on a stretcher.
ADV
Bungleaio said:
I would say that she should be able to claim from the person who caused the accident in the 1st place.
Although her cas wasn't damaged in the accident it was damaged as a direct result of it.
But only because she let those people into her car, through her choice. She'll have to fight for it. For the record I do feel that someone should pay for it.Although her cas wasn't damaged in the accident it was damaged as a direct result of it.
Do the emergency services have insurance for this sort of event? Could it come out of that?
Toaster Pilot said:
I'm sure there's a news story somewhere of this happening to a Police car due to the same circumstances (accident victims taking shelter in the car etc)
I can think of three that I've seen in the press, two were Mondeos and one was a Skoda. IIRC there was a big fuss about one the Mondeos as it was pretty new.MadMullah said:
ZOLLAR said:
MadMullah said:
Would the insurance pay out in such circumstances?
Yes they would.It's not the liable parties fault that she offered a seat in her car.
So if she's third party only, she's fecked?
I'm not sure I agree...
Having sat in the woman's car, the victims developed reasonably foreseeable injuries as a result of the accident.
The decision was taken that it was medically necessary to remove them via the roof of the car.
I think we can argue it either way, but for the cost of an old Vectra, most insurers would be wise to pay up without admitting liability.
I'm not sure I agree...
Having sat in the woman's car, the victims developed reasonably foreseeable injuries as a result of the accident.
The decision was taken that it was medically necessary to remove them via the roof of the car.
I think we can argue it either way, but for the cost of an old Vectra, most insurers would be wise to pay up without admitting liability.
CYMR0 said:
So if she's third party only, she's fecked?
I'm not sure I agree...
Having sat in the woman's car, the victims developed reasonably foreseeable injuries as a result of the accident.
The decision was taken that it was medically necessary to remove them via the roof of the car.
I think we can argue it either way, but for the cost of an old Vectra, most insurers would be wise to pay up without admitting liability.
YesI'm not sure I agree...
Having sat in the woman's car, the victims developed reasonably foreseeable injuries as a result of the accident.
The decision was taken that it was medically necessary to remove them via the roof of the car.
I think we can argue it either way, but for the cost of an old Vectra, most insurers would be wise to pay up without admitting liability.
ZOLLAR said:
MadMullah said:
ZOLLAR said:
MadMullah said:
Would the insurance pay out in such circumstances?
Yes they would.It's not the liable parties fault that she offered a seat in her car.
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