Accident prior to part-exchanging my car
Accident prior to part-exchanging my car
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CShep1000

Original Poster:

10 posts

145 months

Tuesday 9th September 2014
quotequote all
I agreed to part exchange my vehicle last weekend and signed the vehicle order form and paid a £200 deposit. Unfortunately I was then involved in an accident yesterday - a vehicle crashed into my passenger side - they were trying to turn right from the left hand lane of a 3 lane roundabout whilst I was in the middle lane carrying straight on. They admitted liability at the scene but are now making out it wasn't their fault. Unfortunately there were no witnesses. My question is what will happen with the part exchange - can I cancel the order for the vehicle? Will I lose my deposit? How long is it likely to take to resolve this matter if the other party will not admit liability? Any help or advice would be much appreciated.

singlecoil

35,831 posts

276 months

Tuesday 9th September 2014
quotequote all
Talk to the dealer first, find out what they want to do about it. If the answer is unsatisfactory come back and we will talk about it some more.

Can't see what difference what the other driver says makes.

shake n bake

2,221 posts

237 months

Tuesday 9th September 2014
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How much was the px valued at? Also, legally they cannot keep your deposit.

Petrol Only

1,611 posts

205 months

Tuesday 9th September 2014
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Bad news bud. No witness this will go 50/50 at best. Speaking from a bitter experience frown

CShep1000

Original Poster:

10 posts

145 months

Tuesday 9th September 2014
quotequote all
Thanks for the advice much appreciated. The part ex value was £4750. When you mention it doesn't matter what the other driver says do you mean that won't affect the evaluation of who is at fault? Many thanks.

singlecoil

35,831 posts

276 months

Tuesday 9th September 2014
quotequote all
What did the dealer say when you told him about that accident?

Sheepshanks

41,066 posts

149 months

Tuesday 9th September 2014
quotequote all
CShep1000 said:
- a vehicle crashed into my passenger side - they were trying to turn right from the left hand lane of a 3 lane roundabout whilst I was in the middle lane carrying straight on. They admitted liability at the scene but are now making out it wasn't their fault.
You'll be lucky if that's even 50/50 - sounds like you turned across the lane they were in. Many of us do it, but it's always dodgy.

As others have said, talk to the dealer re p/x. No-one on hear can second guess what they're going to want to do.

CShep1000

Original Poster:

10 posts

145 months

Tuesday 9th September 2014
quotequote all
I stayed in my lane but they approached from behind in the left hand lane and then cut across my lane to effectively try and turn right from the left hand lane of the roundabout! Very frustrating! Just dealing with the insurance company - will keep you posted. Really appreciate your advice.

chrispmartha

23,521 posts

159 months

Tuesday 9th September 2014
quotequote all
Sheepshanks said:
You'll be lucky if that's even 50/50 - sounds like you turned across the lane they were in. Many of us do it, but it's always dodgy.

As others have said, talk to the dealer re p/x. No-one on hear can second guess what they're going to want to do.
Sounds more like the other car was in the wrong lane to turn right but just tried anyway, to me? obviously depends on the roundabout.

This nearly happened to me a few weeks ago, fortunately she didn't hit me.

ferrariF50lover

1,834 posts

256 months

Tuesday 9th September 2014
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Three lane roundabout so I guess straight over was two lanes into two lanes. You'll say you were in the middle lane going straight over and he was to your left but going right. He'll say you were in the right hand lane going left and he was in the middle lane going straight over. No one will be able to prove what's what and the insurers (understandably) will take the line of least resistance.

Could you go to the garage with whom you've struck the deal and ask them to renegotiate the price down at the cost price of that garage doing the repairs? Might be cheaper than your excess/getting it repaired at retail prices.

Simon.

OldBuoy

29,009 posts

213 months

Tuesday 9th September 2014
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I had a customer do this, on their way to collect their new car.

We phoned the insurance from my desk (direct line) who agreed the repair in principle even if the vehicle had changed ownership (car would be in my stock)

Carried on with the swap etc and car was repaired in our bodyshop (direct line paid but the customer had to pay his insurance excess). It took a couple of weeks longer to get the PX on the forecourt but everyones a winner.


Edited by OldBuoy on Tuesday 9th September 12:01

Sheepshanks

41,066 posts

149 months

Tuesday 9th September 2014
quotequote all
CShep1000 said:
I stayed in my lane but they approached from behind in the left hand lane and then cut across my lane to effectively try and turn right from the left hand lane of the roundabout! Very frustrating! Just dealing with the insurance company - will keep you posted. Really appreciate your advice.
A lot may depend on the lane markings - can you see them in a Google Earth shot?

There's a school of thought that you can treat a roundabout as a straight road with a lot of left turns, so going around it in the left lane isn't necessarily wrong. OTOH turning left from the middle lane is something you wouldn't normally do on any other road - unless the lane markings direct you to do that.

CShep1000

Original Poster:

10 posts

145 months

Tuesday 9th September 2014
quotequote all
The garage suggested delaying the part ex until the repairs have been done. Surprisingly they didn't offer to take on the body shop work themselves - I'd imagine it would have meant a tidy profit for them.

joe1145

198 posts

151 months

Tuesday 9th September 2014
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Sheepshanks said:
A lot may depend on the lane markings - can you see them in a Google Earth shot?

There's a school of thought that you can treat a roundabout as a straight road with a lot of left turns, so going around it in the left lane isn't necessarily wrong. OTOH turning left from the middle lane is something you wouldn't normally do on any other road - unless the lane markings direct you to do that.
Im Sorry but there really isn't that school of through at all. Being in left lane of a roundabout and trying to right is wrong, plain and simple.
From the highway code:


CShep1000

Original Poster:

10 posts

145 months

Tuesday 9th September 2014
quotequote all
The lane markings are clear - I don't think they can reasonably argue that going around the roundabout in the left hand lane to turn right was an option, plus they also moved across into my lane. Anyhow, it seems they are going to lie about what happened so I expect it will go down as a fault claim even though I am not at fault given there were no witnesses.

The dealer is happy to delay the part ex until after the repairs are completed by the approved body shop. Given I have signed the vehicle order form, but not the finance agreement, in the event that the dealer suggests the car is worth less than agreed initially when they assess the repairs, can I walk away from the deal if it is more than 14 days since I signed the vehicle order form? Any advice would be much appreciated.

HJMS123

988 posts

163 months

Tuesday 9th September 2014
quotequote all
CShep1000 said:
The lane markings are clear - I don't think they can reasonably argue that going around the roundabout in the left hand lane to turn right was an option, plus they also moved across into my lane. Anyhow, it seems they are going to lie about what happened so I expect it will go down as a fault claim even though I am not at fault given there were no witnesses.

The dealer is happy to delay the part ex until after the repairs are completed by the approved body shop. Given I have signed the vehicle order form, but not the finance agreement, in the event that the dealer suggests the car is worth less than agreed initially when they assess the repairs, can I walk away from the deal if it is more than 14 days since I signed the vehicle order form? Any advice would be much appreciated.
You should be bale to as part of the agreement is the garage offer you X amount for you car, if they don't honour that they've broke the agreement from their end.

CShep1000

Original Poster:

10 posts

145 months

Tuesday 9th September 2014
quotequote all
The lane markings are clear - I don't think they can reasonably argue that going around the roundabout in the left hand lane to turn right was an option, plus they also moved across into my lane. Anyhow, it seems they are going to lie about what happened so I expect it will go down as a fault claim even though I am not at fault given there were no witnesses.

The dealer is happy to delay the part ex until after the repairs are completed by the approved body shop. Given I have signed the vehicle order form, but not the finance agreement, in the event that the dealer suggests the car is worth less than agreed initially when they assess the repairs, can I walk away from the deal if it is more than 14 days since I signed the vehicle order form? Any advice would be much appreciated.

CShep1000

Original Poster:

10 posts

145 months

Tuesday 9th September 2014
quotequote all
Cheers HJMS123, that's good to know in the event they try and argue for a reduced part ex value.

Save Ferris

2,738 posts

243 months

Tuesday 9th September 2014
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Was it a new or used car you were px'ing for?

CShep1000

Original Poster:

10 posts

145 months

Tuesday 9th September 2014
quotequote all
A used part-ex - 2 year old vehicle