Rear ended...
Author
Discussion

Harryturbs

Original Poster:

60 posts

156 months

Friday 14th March 2014
quotequote all
So my girlfriends Cooper S was crashed into by a t*sser in an A5, while she was queuing in traffic.

They swapped details etc but now the Audi driver is saying it's HER fault and that SHE rolled back into him!

There are no witnesses or CCTV and the mini needs a new exhaust, rear bumper and other bits too.

Her insurers are saying the best they can do is 50/50 fault but she doesn't want to claim, she just wants her mini fixed.

What can be done?!

Doesn't do much for the rep of Audi drivers haha...

Danyog1

48 posts

150 months

Friday 14th March 2014
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Basically, she's fked.

lexusboy

1,101 posts

172 months

Friday 14th March 2014
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Surely to cause the damage you have listed, she must've been rolling backwards on a 1:1 gradient with a good run up?

lexusboy

1,101 posts

172 months

Friday 14th March 2014
quotequote all
Surely to cause the damage you have listed, she must've been rolling backwards on a 1:1 gradient with a good run up?

Harryturbs

Original Poster:

60 posts

156 months

Friday 14th March 2014
quotequote all
It's on a flat stretch of road, no incline.

I don't think there's anything that can be done.

I'm out of the UK for a couple months or I'd consider going round to his house to see what his wife / family thought of the situation. Or even his place of work.

ferrariF50lover

1,834 posts

255 months

Friday 14th March 2014
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Can you ask the insurers to send a man to look at the car? He'd have a job title along the lines of 'assessor' or something. Insurance companies must have men who assess cars to decide things (and possibly to check for undeclared mods etc). Ask one to have a look and compile a short report estimating the speed of the impact. If it's anything above about 5mph, then the "she rolled into me" story doesn't stack up and the Audi's insurers would surely fold.

Simon.

ITP

2,715 posts

226 months

Friday 14th March 2014
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Sadly these days there are too many scumbags around who seem incapable of accepting responsibility for their own actions, take like a man ( or woman) and do the right thing. After all, accidents happen, just own up and move on.

But no, these low life have found out they can just blatantly make up a story to somehow blame the innocent party and without witness or cctv they can 'get away with it'. Insurance don't seem to have the stomach to clamp down on these pathetic fraudsters either.

Wonder if there is any way on modern cars that you can have your own ecu interrogated to prove your car was stationary, idling, at the time, followed by a sudden forward movement, thus proving you didn't reverse at all. Preferably producing the facts after said scumbag has already signed his made up statement of events so you can then have them prosecuted for insurance fraud and hopefully jailed of very heavily fined.

I loathe these people. Rant over.

Cemesis

771 posts

191 months

Friday 14th March 2014
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She can refuse the 50/50 option and say she wants her insurance company to take the other to court. A judge would recognise that this is horses**t so I would expect the Audi's insurance company to cave.

tbc

3,017 posts

204 months

Friday 14th March 2014
quotequote all
If she's in the right the why should she accept 50/50.

Take it to court, yes you might have to take a holiday off work but it's worth fighting it.

bigmadjohn

210 posts

236 months

Friday 14th March 2014
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Harry, I would say in this situation an accident management company could be worth its weight in gold. I can personally recommend Europa consultants who regularly post on here from when I had a no fault claim and was TPFT. It might be worth giving them a call to discuss. For the damage to be so extensive (exhaust) it couldnt be caused by 'rolling back' and any claims assessor/engineer would sniff this out in minutes. Under no circumstances would I accept a 50/50 as I will guarantee within weeks your Mrs will be recieving claims for his 'severe whiplash'. People like that deserve a fking good kicking

JulianHJ

8,868 posts

291 months

Friday 14th March 2014
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Another thumbup for Europa. Give Anniesdad a shout.

Harryturbs

Original Poster:

60 posts

156 months

Friday 14th March 2014
quotequote all
Thanks for your help so far guys... I'll update when any progress is made!

Westy Pre-Lit

5,088 posts

232 months

Friday 14th March 2014
quotequote all
ferrariF50lover said:
Can you ask the insurers to send a man to look at the car? He'd have a job title along the lines of 'assessor' or something. Insurance companies must have men who assess cars to decide things (and possibly to check for undeclared mods etc). Ask one to have a look and compile a short report estimating the speed of the impact. If it's anything above about 5mph, then the "she rolled into me" story doesn't stack up and the Audi's insurers would surely fold.

Simon.
^ This

It happened to me recently and went on for ages. I kept insisting they get an engineer to look at the damage on my van. As soon as he looked at it he could tell exactly what had happened and said the damage was conclusive with a 20mph collision. So unless I had a van capable of accelerating at land speed record timings the other party was telling a pack of lies.

It was all sorted a day later having gone on for months.mad

Just noticed Yazza54 below is asking you if there were any witnesses, as a note I had no witnesses.

Edited by Westy Pre-Lit on Friday 14th March 06:11

Yazza54

20,329 posts

210 months

Friday 14th March 2014
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No witnesses?

HertsBiker

6,443 posts

300 months

Friday 14th March 2014
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I'd be worried that with an AMC you could end up massively in debt if it doesn't go the way you hope. Obviously your girlfriend didn't reverse ram an audi at 20mph. However the mini can do nearly 30 in reverse if red lined, and it gets there startlingly quick with a low gear and lots of traction. It also lifts the rear axle which is how following vehicles go underneath, with exact same results as if the follower had run up the back of you.. Watch the cop shows for examples of this. One poor copper was eye to eye with a differential after the perpetrator car rode up the bonnet!

JQ

6,801 posts

208 months

Friday 14th March 2014
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bigmadjohn said:
Harry, I would say in this situation an accident management company could be worth its weight in gold. I can personally recommend Europa consultants who regularly post on here from when I had a no fault claim and was TPFT. It might be worth giving them a call to discuss. For the damage to be so extensive (exhaust) it couldnt be caused by 'rolling back' and any claims assessor/engineer would sniff this out in minutes. Under no circumstances would I accept a 50/50 as I will guarantee within weeks your Mrs will be recieving claims for his 'severe whiplash'. People like that deserve a fking good kicking
Out of interest, as I'm going through something similar to the OP, in your case did the other party accept liability or was it disputed?

AngryPartsBloke

1,439 posts

180 months

Friday 14th March 2014
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Harryturbs said:
It's on a flat stretch of road, no incline.

I don't think there's anything that can be done.

I'm out of the UK for a couple months or I'd consider going round to his house to see what his wife / family thought of the situation. Or even his place of work.
Because that will work out well for you.


Monty Python

4,813 posts

226 months

Friday 14th March 2014
quotequote all
Unless the rear of a Mini is made of plasticine, there's no way that amount of damage would be caused by a car "rolling" into another - you'd have to put the car in reverse. Have you sent photos to the insurance company? If I was in your position I'd make it perfectly clear that you do not accept the other driver's version of events and will not accept a 50:50 verdict.

pork911

7,365 posts

212 months

Friday 14th March 2014
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Why would she accept 50/50 if it is as she says?


Anyhow, why would anyone recommend any CMC unless she is impecunious, needs a like for like car at ridiculous rates and has never referred disparagingly to 'compensation culture' or moaned about premiums? wink

TwigtheWonderkid

49,040 posts

179 months

Friday 14th March 2014
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Purity14 said:
tbc said:
If she's in the right the why should she accept 50/50.

Take it to court, yes you might have to take a holiday off work but it's worth fighting it.
Your insurance company can decide to settle 50/50 before it even goes to court, she doesn't call the shots, the insurance company do.
Absolutely right. They have rights of subrogation, and can settle as they think best. If they decide to settle 50/50, it's because they feel there is no reasonable prospect of winning a case. And their judgment, based on thousands of cases, is probably better than keyboard warriors on the internet.