Awww dammit - accident
Awww dammit - accident
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Julesprivate

Original Poster:

871 posts

173 months

Tuesday 19th February 2013
quotequote all
I am sooo angry. Some idiot just drove into the side of my pride and joy. I guess i should be grateful they stopped but I guess they had no choice seeing as I was attached to their car at the time.

The roundabout near where i work is one of those "corckscrew" jobs, left lane is "Left and Straight on" middle lane is "straight only" and Right is "right only". I was in the left going straight on and he turned left from the middle lane straight into my rear offside wheel and rear quarter.

What annoys me is he bounced off and then hit me again - twice!

So the rear wheel is damaged, the rear quarter is scraped deeply and the rear bumper is damaged.

Then he got out and was a bit angry...but then again so was I so i guess that's understandable. He tried to tell me I wasn't indicating (but you don't indicate straighht on) and the roundabout is both clearly marked AND has the spiral "lanes" marked so it's pretty obvious where you should go from each lane.

My concern is that although it was a very nice 12 plate BMW 5 series the guy was obviously a "traveller" and the address he has given is the traveller community not too far from here so I'll be amazed if this goees smoothly, although perhaps that's a bit judgemental.

Should I have called the Police? I took photos of him, the car, his numberplate, his damage, the road, the signage etc but all I have to say who he was is the business card he gave me.

I have fully comp insurance and the choice of getting the car repaired through my policy and then claiming back from his (or at least attempting to) or waiting to see if his company admit liability and then having the car repaired.

The car is drivable, just has some battle scars.... Any thoughts on what's best to do? My gut reaction is to get the car repaired as soon as possible and then see if I can claim it back from his insurer.

I have a friend in the spray business that has lots of experience of fibreglass cars so I would love to use him to do the work, wonder if my insurer will allow me to use him.

Have to say I am gutted!

carsy

3,019 posts

195 months

Tuesday 19th February 2013
quotequote all
I`d go and see him at the address given maybe tomorrow and see if he is known there. Then see if he is willing to play ball.

If that fails its a case of sort it yourself or call your insurance and hope the BM has insurance.

Prizam

2,447 posts

171 months

Tuesday 19th February 2013
quotequote all
carsy said:
I`d go and see him at the address given maybe tomorrow and see if he is known there. Then see if he is willing to play ball.

If that fails its a case of sort it yourself or call your insurance and hope the BM has insurance.
Do this and you will soon find your self being fed to the pigs. Go DIRECTLY to your insurance with all the facts and have them sort it out. Its what you pay them for!

jamienshelly

1,826 posts

168 months

Tuesday 19th February 2013
quotequote all
Hi Jules
So sorry to hear this as I know what she means to you
But in the next breath, as long as you are ok the car can be repaired
Im sure someone will be able to give you all the advice you need soon. I would advise you to contact your insurers straight away to report it as i fell foul of this, and they may even chase it for you aswell as advise you.
Hope you get it all sorted soon
Jamie

S2Mike

3,065 posts

180 months

Tuesday 19th February 2013
quotequote all
Sorry to hear this Jules,
I agree, give all info to the insurance company, just in case a word with the boys in blue, would help your case if it gets ugly.
With the sue culture that seems to be an epidemic over here these days, he may try the whiplash trick as a counter claim.
I wouldn't go knocking on the door of an involved party, and def not a caravan....
Were there no witnesses you could get or cctv at the junction?

Julesprivate

Original Poster:

871 posts

173 months

Tuesday 19th February 2013
quotequote all
I'm lucky in that as soon as I got in to work a colleague came over and said he'd seen the aftermath of the accident, just not the actual shunt but that it was obvious from the road positioning what had happened so I have someone independant that can at least coroborate my version.

I wasn't planning on visiting the guy, I'd be a bit concerned about my own ability to keep calm and I am quite a bit bigger then him so it really wouldn't be fair, after all it was an accident (even though I still can't understnd how he thought it was OK to turn left from that lane).

I feel a bit calmer now, although to be honest I do feel like having a good cry!

I've spoken to Adrian Flux, unfortunately my "Classic Policy" doesn't have protected no claims (even though the policy I transfered from did) so I guess I do have a concern that I could end up losing my NCD if it all goes wrong, but I guess I'll worry about that IF it happens.

I think I'll go with the "get the car fixed ASAP" route and worry about the niceties of reclaiming from his insurance once it is repaired. I will go through my insurer though so it's all above board and let them deal with him/his insurers.

I know it's "only a car" but this is something I have dreamt of owning for years (and years!) and it's heartbreaking to know it's sat in the carpark all scuffed and scraped.... I'm sure that would sound silly to a lot of people, fortunately I know the majority of people on PH feel exactly the same about their cars so I am in good company.

chris1972

3,597 posts

167 months

Tuesday 19th February 2013
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The best thing to do is go directly to your insurance company. If he's covered he's covered. If not, then you'll find out without having to purchase a caravan and bull terrier. Don't get involved on a personal basis.

I had something similar 20 odd years ago; guy pulls out in front of me in his Cortina, no tax, no insurance and towing a transit van with an unmarked and excessively long tow rope. Traveller. Decided to cut my losses in the end.

phazed

22,509 posts

234 months

Tuesday 19th February 2013
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Be careful. I had something very similar happen in my wifes car, never even saw the car hit the rear.

The insurers are all sympathy and then next day stated that the 3rd party accused me of driving into her, wtf!

They then said because of the 3rd parties description of events it would be a "knock for knock claim, each paying for their own damage!

I had to be very forceful on the phone and gave photos, description etc before they would persue it as a 3rd party fault, it's not yet settled.

They will take the easy option if they can, just be aware!

We opted not to have the car repaired untill it was settled in our favour, watch this space!

Good luck, it's a minefield out there.

taylormj4

1,635 posts

296 months

Tuesday 19th February 2013
quotequote all
I had a minor non-fault accident and my insurer tried to knock for knock as it was a "country road". This was even though I had evidence to show it was not my fault and the third party had admitted responsibility to the police !
I used Europa Consultants (recommended by a PHer) and they fought my corner and got everything sorted at a TVR garage. They specialise in non-fault traffic accident case management. Speak to Steve Greensmith if you're interested. I have no association with the company other than the above.

Prizam

2,447 posts

171 months

Tuesday 19th February 2013
quotequote all
Julesprivate said:
I've spoken to Adrian Flux, unfortunately my "Classic Policy" doesn't have protected no claims (even though the policy I transfered from did) so I guess I do have a concern that I could end up losing my NCD if it all goes wrong, but I guess I'll worry about that IF it happens.

I think I'll go with the "get the car fixed ASAP" route and worry about the niceties of reclaiming from his insurance once it is repaired. I will go through my insurer though so it's all above board and let them deal with him/his insurers.
Don't worry about NCB, even if it was protected your premium would go up by the same amount as if you had lost your NCB. Protected NCB is a complete con and is NOT transferable to other insurance providers.

Also, don't get the car repaired your self, you MUST do this through your insurance via one of there garages (you can argue about what garage will do the repairs later). If you just get the work done your self it is very unlikely that your insurance will pay the cost of repairs.

Mellow Yellow

907 posts

292 months

Tuesday 19th February 2013
quotequote all
I've been told insurance companies almost always go "knock for knock" for accidents on roundabouts, with one exception this has been the case for everyone I know who's been involved in one. The exception had an off-duty BiB as a witness and even then it took over a year for the claim to be settled by the third party's insurer. That was a pretty clear cut case of somebody pulling out in front of him whilst he was on the roundabout. It's usually incorrect signalling that leads to the accident, unlike a T junction crash the insurers can't make a reasonable presumption of who's to blame. So, it comes down to one persons word against another, in your case it doesn't sound like the other party is the type to admit it was his fault.

The insurers witness form will ask “do you personally know any of the people involved in the accident, who?” or something similar. As your colleague is known to you he won’t be considered independent.

I really hope things work out in your favour but I suspect the other party will concoct some fairy-tail blaming you and you’ll end up getting stitched up, good luck with it.

jenkotvr

688 posts

204 months

Tuesday 19th February 2013
quotequote all
Wouldn't it be cheaper to put a new shell on and get it sprayed:

http://www.ebay.co.uk/itm/TVR-Chimaera-body-shell-...


chris1972

3,597 posts

167 months

Tuesday 19th February 2013
quotequote all
jenkotvr said:
Wouldn't it be cheaper to put a new shell on and get it sprayed:

http://www.ebay.co.uk/itm/TVR-Chimaera-body-shell-...
Probably, in the long run!

Sardonicus

19,457 posts

251 months

Tuesday 19th February 2013
quotequote all
Prizam said:
Go DIRECTLY to your insurance with all the facts and have them sort it out. Its what you pay them for!
This is good advice thumbup you don't need to go detective wink

Julesprivate

Original Poster:

871 posts

173 months

Tuesday 19th February 2013
quotequote all
The damage isn't bad enough to warrent a new shell, it's literally just the rear quarter/wheelarch and wheel. It's booked in tomorrow to Nationwide in Cheltenham (they did my wife's MGF a few years back) so I'll know the cost soon after that.

If it had been my fault I'd have done the repair myself and got my mate to spray it but as it isn't I'm going to "trust" (with a due sense of caution) my insurance company to sort it.

No way would I accept a "knock for knock" as the roundabout is clearly marked and evem has the "spirals" on the road surface, there reallty is no excuse not to just follow the track of the lane you are in.

So far rhe insurance company has been "OK" it's being managed by a "claims handling company" and they have passed it on to a "accident repair agent" so I have spoken to 3 companies already today but at least it's going quite quickly.

I have to pay my excess (understandable) but hopefully can claim that back from the third party.

I think I'll get them to replace/refurb the rear wheel back to stock colour and then re-plastidip it black again when it's done.

s p a c e m a n

12,118 posts

178 months

Tuesday 19th February 2013
quotequote all
Not trying to make you paranoid but having lived close to Dale farm a few times I feel that I should point out that if your car goes missing/spontaniusly combusts before it is assessed then the other driver is unlikely to have a case to answer to.

Julesprivate

Original Poster:

871 posts

173 months

Tuesday 19th February 2013
quotequote all
s p a c e m a n said:
Not trying to make you paranoid but having lived close to Dale farm a few times I feel that I should point out that if your car goes missing/spontaniusly combusts before it is assessed then the other driver is unlikely to have a case to answer to.
It's in tomorrow morning at 10:00.... maybe I should sleep in it tonight LOL



Julesprivate

Original Poster:

871 posts

173 months

Tuesday 19th February 2013
quotequote all
Just had a look at the damage now I am a bit calmer and it is worse than I'd hoped. I originally thought it would just be a "sand, fill, prep, paint" job but running my hand under the rear offside wheelarch I can feel that the panel has in fact split.

I just pulled a few handfulls of broken fibreglass out from under there and the arch itself isn't a uniform shape any more.

Seems the loud "SNAP" I heard was in fact that panel snapping so it looks as though I probably ought to ask for a new rear quarter or half body at least.

Glad i found it before I took it to a repair agent who may not have experience of fibreglass cars...

V41LEY

3,024 posts

268 months

Tuesday 19th February 2013
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Our nearly new Audi A6 Avant got torched in a 'traveller' turf war with a petrol bomb ! Police knew the background. We were just an innocent party caught up in it. (I'll try and find the photos). Police knew their site and probable culprits. No chance of invoking their insurance as never proven (travellers with car insurance - yeah right). Cost us about £3k as the car had a loan outstanding and the payout was well under what a replacement would have cost. Good luck.

Julesprivate

Original Poster:

871 posts

173 months

Tuesday 19th February 2013
quotequote all
One real worry is that of course the car was already a Cat D so if they do write it off (again in theory) I could end up completely screwed as I don't have any evidence to support the fact that I told the insurers it was a Cat D when insuring it.

Unfortunately that was just a conversation with the agent when I took the insurance out so unless they have it recorded it's my word against there's.

nailbiting stuff...