Who's the Crook?
Discussion
In February 2010 my 19 year old son, driving a Fiat Panda, had a traffic altercation. He was overtaking a beaten up van (with a non-existant drivers door mirror). As Panda pulled alongside, van driver sped up to try to block him and with limited performance and bend approaching, son had to pull in sharply in front of van. What had seemed a straightforward manoeuvre became a hairy incident but with no contact.
Van Driver monstered Panda, flashing lights and honking. Son was shocked & angry so pulled over to 'discuss' with Van Driver, who (having his bluff called) backed off. Harsh words were exchanged and with no damage, both drove off. (Afterwards we learned that Van Driver subsequently called the Police, who didn't want to know).
Seven months later in August 2010 Van Driver engaged Accident Claims Company. They arranged a Medical Examination and obtained a 14 page Doctor's statement describing the circumstances of the accident, the van driver's injuries and his subsequent symptoms. The Claims Company sought £3000 for repairs to the side of the van and unspecified compensation for driver's injuries.
Very reluctantly I passed this to our Insurance Company with firm instructions not to pay these crooks. They agreed to defend.
An inspector was sent from our Insurance Company to take son's statement, photograph complete lack of any marks on black Panda and produce report.
Our Insurance Company handled the claim very badly, missing a couple of the court deadlines but persisted with the defence. Ultimately it came to court in Slough and son & I arrived to meet our Barrister. He immediately said that he had read the brief, that we were, 'at risk' and suggested a prior settlement.
Van Driver was accompanied by Solicitor and Barrister who refused settlement.
Judge heard evidence, declared that he had to decide on balance of probability (suggesting, I thought , that this balance was weighted in favour of the claimant - on the basis that they had to believe that people don't just make these things up from nothing) and gave judgement for claimant totalling some £3000.
I was furious but that was it. The three Lawyers and the Judge (also a Lawyer) then arranged into a huddle at the front centre to discuss all their fees, I heard mention of whether Slough counted for 'London Weighting'??.
A few weeks later the Insurance Company informed me that the total cost had been some £22,000.
Van Driver monstered Panda, flashing lights and honking. Son was shocked & angry so pulled over to 'discuss' with Van Driver, who (having his bluff called) backed off. Harsh words were exchanged and with no damage, both drove off. (Afterwards we learned that Van Driver subsequently called the Police, who didn't want to know).
Seven months later in August 2010 Van Driver engaged Accident Claims Company. They arranged a Medical Examination and obtained a 14 page Doctor's statement describing the circumstances of the accident, the van driver's injuries and his subsequent symptoms. The Claims Company sought £3000 for repairs to the side of the van and unspecified compensation for driver's injuries.
Very reluctantly I passed this to our Insurance Company with firm instructions not to pay these crooks. They agreed to defend.
An inspector was sent from our Insurance Company to take son's statement, photograph complete lack of any marks on black Panda and produce report.
Our Insurance Company handled the claim very badly, missing a couple of the court deadlines but persisted with the defence. Ultimately it came to court in Slough and son & I arrived to meet our Barrister. He immediately said that he had read the brief, that we were, 'at risk' and suggested a prior settlement.
Van Driver was accompanied by Solicitor and Barrister who refused settlement.
Judge heard evidence, declared that he had to decide on balance of probability (suggesting, I thought , that this balance was weighted in favour of the claimant - on the basis that they had to believe that people don't just make these things up from nothing) and gave judgement for claimant totalling some £3000.
I was furious but that was it. The three Lawyers and the Judge (also a Lawyer) then arranged into a huddle at the front centre to discuss all their fees, I heard mention of whether Slough counted for 'London Weighting'??.
A few weeks later the Insurance Company informed me that the total cost had been some £22,000.
Was the van drivings original police report recorded and used in court? If so did it state that there had been contact between van and panda? Assuming it didn't otherwise they'd have been more interested. Surely if he changed his story between calling the police immediately after the incident and instructing the no win no fees to act on his behalf months later that would have raised some eyebrows?
And I never did tell my mum the truth about the dents in her Astra ...Was the judge saying that on balance your son's car was damaged but that he got repaired?
That sounds like the only plausible way that the van driver could have suffered any injuries and damage to his vehicle.
Is it not actually possible to determine of a vehicle has been painted since the factory?
Sounds very much like the 'bend over and take your medicine' response that is the norm for these kind of cases.
A word of advice for your son. When passing a car, if it speeds up, back off and pull in behind, rather than trying to complete the overtake.
That sounds like the only plausible way that the van driver could have suffered any injuries and damage to his vehicle.
Is it not actually possible to determine of a vehicle has been painted since the factory?
Sounds very much like the 'bend over and take your medicine' response that is the norm for these kind of cases.
A word of advice for your son. When passing a car, if it speeds up, back off and pull in behind, rather than trying to complete the overtake.
The Crack Fox said:
Yell_M3 said:
I suspect the problem is the 19 yo may not be telling the parents the whole truth.
My thoughts too. Even by the OP's description, the kid was driving dangerously, attempting to overtake and only just managing it. We all did daft things at 19, some of us are mature enough to admit to it, and learn for the future. Devil2575 said:
Was the judge saying that on balance your son's car was damaged but that he got repaired?
That sounds like the only plausible way that the van driver could have suffered any injuries and damage to his vehicle.
Is it not actually possible to determine of a vehicle has been painted since the factory?
Sounds very much like the 'bend over and take your medicine' response that is the norm for these kind of cases.
A word of advice for your son. When passing a car, if it speeds up, back off and pull in behind, rather than trying to complete the overtake.
You can get a paint thickness gauge like:That sounds like the only plausible way that the van driver could have suffered any injuries and damage to his vehicle.
Is it not actually possible to determine of a vehicle has been painted since the factory?
Sounds very much like the 'bend over and take your medicine' response that is the norm for these kind of cases.
A word of advice for your son. When passing a car, if it speeds up, back off and pull in behind, rather than trying to complete the overtake.
http://www.cleanyourcar.co.uk/machine-polishing-pa...
Which will show if a panel has been resprayed, not sure how it would stand up in court though.
There was no mention of of or any Police report in Court. Judge used only the testimony and medical opinion of the Claims Company appointed Doctor (obtained 7 months after the incident) as expert evidence.
Rohrl - I am not selling anything???
Our Fiat Panda is black, still in fine condition and owned by us since new. There is no way on earth that this car could have caused £3000 worth of damage to a van without reciprocal damage.
I concede the possibilty that the two vehicles may have clipped, if so there was simply no sign and certainly no damage.
These ad's have just appeared at the bottom of my Pistonheads screen:
Ads by Google
Road Accident Claim - www.fentons.co.uk
Whiplash Injury Compensation Claim. Injury Specialists. Call Us Now!
Hit and Run Motor Claims - www.uninsured-claims.co.uk
Had a Crash-Vehicle Didn't Stop? 24hr Compensation Service
Claim Your PPI in 20 Secs - www.PPiClaimToday.com
Industry Leader! Genuine Low 20%Fee -We Claim £6k+ in Just 54 Days...
Rohrl - I am not selling anything???
Our Fiat Panda is black, still in fine condition and owned by us since new. There is no way on earth that this car could have caused £3000 worth of damage to a van without reciprocal damage.
I concede the possibilty that the two vehicles may have clipped, if so there was simply no sign and certainly no damage.
These ad's have just appeared at the bottom of my Pistonheads screen:
Ads by Google
Road Accident Claim - www.fentons.co.uk
Whiplash Injury Compensation Claim. Injury Specialists. Call Us Now!
Hit and Run Motor Claims - www.uninsured-claims.co.uk
Had a Crash-Vehicle Didn't Stop? 24hr Compensation Service
Claim Your PPI in 20 Secs - www.PPiClaimToday.com
Industry Leader! Genuine Low 20%Fee -We Claim £6k+ in Just 54 Days...
So a van driver was able to suddenly speed up enough to almost block an overtake despite having no drivers door mirror so therefore unaware of it until the car was nearly past and would have been travelling (at that point) quite a bit quicker.
And then the aforementioned van driver was able to completely fabricate an entire incident with absolutely no evidence, no damage on the alleged perpetrators car, no proof whatsoever that the incident took place, some seven months later?
Really?
And then the aforementioned van driver was able to completely fabricate an entire incident with absolutely no evidence, no damage on the alleged perpetrators car, no proof whatsoever that the incident took place, some seven months later?
Really?
Ari said:
So a van driver was able to suddenly speed up enough to almost block an overtake despite having no drivers door mirror so therefore unaware of it until the car was nearly past and would have been travelling (at that point) quite a bit quicker.
And then the aforementioned van driver was able to completely fabricate an entire incident with absolutely no evidence, no damage on the alleged perpetrators car, no proof whatsoever that the incident took place, some seven months later?
Really?
You know I have to say that given the state of play these days it would not surprise me. Beat up old van? Likely to be a driver used to manual labour and so carrying a few old aches and pains. Beat up van, so plenty of 'evidence' of contact.And then the aforementioned van driver was able to completely fabricate an entire incident with absolutely no evidence, no damage on the alleged perpetrators car, no proof whatsoever that the incident took place, some seven months later?
Really?
Give it a nice 7 months so that there can be no 'contemporaneous evidence' to use in defence and Bobs your mother's brother.
Never estimate the animal cunning of the under class.
I did have a friend who was completely run off the M8 moterway in Glasgow without any contact. The guy who caused it changed 3 lanes last second in order to get off not noticing my friend in the inside lane. My friend avoinding contact ended ended up off the road and in hospital. You don't need contact to cause a crash. Nothing adds up here...
Gassing Station | General Gassing | Top of Page | What's New | My Stuff