Just had a small bump!
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Discussion

helidan

Original Poster:

116 posts

141 months

Monday 16th February 2015
quotequote all
Just had a bit of a bump driving the other halfs Astra!!

I was on the main road (less than 30MPH showing on the speedo) and about to pass a small side-road junction on my left, a little old lady in a bright red Peugeot who was attempting to turn right fails to notice me resulting in her NSF bumper making contact with my NSR door at approx a 45deg angle. Surprisingly very little damage to her Peugeot but a nasty dent & scrapes to the Astras door and front section of the rear wing.

Details swapped at the roadside (after I drove her car to a more secure location due to the lady being too shook up to drive) but I have a feeling she is going to deny liability.

What's the chance of insurance finding in my favour for a relatively minor bump like this? Anything I can say/do to help my case??

There were people who witnessed it but their details were not obtained, so basically my word against the other drivers.

Both vehicles, as far as I'm concerned, show clear evidence of the collision exactly as I've described it.


marshalla

15,902 posts

232 months

Monday 16th February 2015
quotequote all
helidan said:
Anything I can say/do to help my case??
Photographs at/of the scene.

Unfortunately, a bit late now.

helidan

Original Poster:

116 posts

141 months

Monday 16th February 2015
quotequote all
I can certainly photograph the junction to show the layout, if it would help.

helidan

Original Poster:

116 posts

141 months

Monday 16th February 2015
quotequote all
Is there anything to be gained by reporting the accident to the police?

greeneggsnsam

648 posts

187 months

Monday 16th February 2015
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Police won't want to know unless there has been an injury or there is debris.

Magic919

14,579 posts

232 months

Monday 16th February 2015
quotequote all
She emerged from the side road. She can claim you were speeding and all the usual guff, but can't see it going against you.

DanielSan

20,087 posts

198 months

Monday 16th February 2015
quotequote all
greeneggsnsam said:
Police won't want to know unless there has been an injury or there is debris.
This.

If you've swapped details and no one is hurt then no need to inform the police.

helidan

Original Poster:

116 posts

141 months

Monday 16th February 2015
quotequote all
greeneggsnsam said:
Police won't want to know unless there has been an injury or there is debris.
Does the doors moulding count? LOL!!

In all seriousness she seemed a very nice person, but unfortunately just failed to notice me. Will the insurers just settle on her word or will they inspect the vehicles etc. to try and ascertain who's at fault?

Magic919

14,579 posts

232 months

Monday 16th February 2015
quotequote all
What is there to ascertain?

helidan

Original Poster:

116 posts

141 months

Monday 16th February 2015
quotequote all
Magic919 said:
What is there to ascertain?
Don't know really, Just an insurer exploring every single avenue to avoid paying up.

Is this a clear/cut case likely to be found in my favour?

robsdesk

220 posts

163 months

Monday 16th February 2015
quotequote all
helidan said:
Don't know really, Just an insurer exploring every single avenue to avoid paying up.

Is this a clear/cut case likely to be found in my favour?
Seems pretty straightforward - you were on a road, 3rd party joining that road drove into you, pretty much all there is too it, the damage you've described backs that up.

xRIEx

8,180 posts

179 months

Monday 16th February 2015
quotequote all
helidan said:
Magic919 said:
What is there to ascertain?
Don't know really, Just an insurer exploring every single avenue to avoid paying up.

Is this a clear/cut case likely to be found in my favour?
But there are two insurers involved - one of them is going to foot the bill, it's not like they can completely sidestep. Your insurer is going to want to get the other company to pay, even if the other company thinks they might have a chance to get your company to pay. Let them fight it out themselves, they've done this dance millions of times.

andy-xr

13,204 posts

235 months

Monday 16th February 2015
quotequote all
helidan said:
I can certainly photograph the junction to show the layout, if it would help.
Google Maps already did it for you.

What happened in my case involved a pedestrian who was at fault, admitted she was at fault, then when she got home was convinced by her family that she was perfectly within her rights to do what she did and changed her story to press charges against me. They fell apart fairly quickly, but dont be surprised if it turns into a bit of a brawl about it.

helidan

Original Poster:

116 posts

141 months

Monday 16th February 2015
quotequote all
andy-xr said:
Google Maps already did it for you.

What happened in my case involved a pedestrian who was at fault, admitted she was at fault, then when she got home was convinced by her family that she was perfectly within her rights to do what she did and changed her story to press charges against me. They fell apart fairly quickly, but dont be surprised if it turns into a bit of a brawl about it.
I haven't been asked to provide the actual road details yet but I of course will if required. I fully expect a bit of a scrap between the insurers over this but I'm just worried that it won't be found in our favour.

CYMR0

3,940 posts

231 months

Monday 16th February 2015
quotequote all
helidan said:
I haven't been asked to provide the actual road details yet but I of course will if required. I fully expect a bit of a scrap between the insurers over this but I'm just worried that it won't be found in our favour.
Why?

She might think you're at fault, but on what basis? Why would her insurer, who is an expert, agree?

Why would it be in the other party's insurer's interest to spend more time and money fighting this than they would have to pay to settle your claim?

helidan

Original Poster:

116 posts

141 months

Monday 16th February 2015
quotequote all
CYMR0 said:
Why?

She might think you're at fault, but on what basis? Why would her insurer, who is an expert, agree?

Why would it be in the other party's insurer's interest to spend more time and money fighting this than they would have to pay to settle your claim?
Just the mentality of insurers I guess, could be wrong though.



ols

118 posts

166 months

Monday 16th February 2015
quotequote all
I had a similiar incident involving myself and another driver, who pulled out of a side junction into the side of my car. They attempted to absolve themselves of responsibility and liability. Google maps, Photographs of the damage to my vehicle and a diagram of what happened helped make a difference, but I still had a battle with my insurance company for a while over who was at fault.

I made it quite clear that I couldn't have driven into the other person sideways.

This made my insurance company change their tune and within 3 months the case was closed and everything fell into place.

Magic919

14,579 posts

232 months

Monday 16th February 2015
quotequote all
helidan said:
Just the mentality of insurers I guess, could be wrong though.
Presumably you haven't dealt with any lately?

The Insurer really won't have any reason to try to dispute. There is a very slim chance the TP is bat st crazy and will try to claim you swerved into the side road and clipped her car. Your damage says otherwise.

CYMR0

3,940 posts

231 months

Monday 16th February 2015
quotequote all
helidan said:
Just the mentality of insurers I guess, could be wrong though.
Why would they prefer to spend time and money fighting a case when the evidence is weak? If they're going to have to pay up, they may as well get it over and done with.

Assuming that her account corroborates you on the facts, even if it disagrees on fault, you should have little to worry about.

RizzoTheRat

29,081 posts

223 months

Monday 16th February 2015
quotequote all
andy-xr said:
What happened in my case involved a pedestrian who was at fault, admitted she was at fault, then when she got home was convinced by her family that she was perfectly within her rights to do what she did and changed her story to press charges against me. They fell apart fairly quickly, but dont be surprised if it turns into a bit of a brawl about it.
This kind of thing is why I reckon with modern phones you might be better to take video of the scene rather than photos, but make it look like you're taking photos. That way you record their voice. Dunno if there's a legal issue about using a recording they were unaware of to back up your case though.