Forced off road by dangerous driver, damage to car
Discussion
Hi all
Nearly two weeks back I was pretty shook up after being forced off the road by a dangerous driver, sustained damage to my car (approx 2k) and to my rhs arm, I’m currently off work because of it.
Long story short, the road In question is a very good quality road with good vision (see pic of my view and direction of travel just before incident)
I’ve just came over the crest of a hill and started a decent down a gentle hill, I noticed in the distance a motorcycle just finish an overtake on a van (2 vans and two bikes heading toward me that I can see)
Then a second vehicle pulls out from behind the same van (furthest away from me) and starts to overtake, I dip my brakes instinctively (honestly was at no more than 60) he keeps coming towards me my side of the road, as he gets yet closer on my side, I hit the brakes hard and abs kicks in, he is still coming at me, at this point I’m certain if I stop dead in my lane he will hit me head on due to the speed he is carrying so I’ve no option but to take evasive action and drive car hard to the lhs, mount a kerb and get my car out of the way on the oncoming vehicle, I had to take my whole car off the road, all four wheels, ended up with the passenger wheels on the grass verge and the drivers side wheels on the pedestrian footpath see crude red lines on pic)
Other driver did a runner! Have cctv footage clearly showing vehicle passing two petrol stations on this rad before and after the place the incident took place, second time stamp pretty much confirms that they didn’t stop too.
Rang the police and reported it, with a description of car, didn’t get a reg but did describe it, light colour, people carrier, mpv type and for some reason thought it might be electric, police man said with out a reg I’d no hope :-(
10 mins later the same officer rang me back saying a member of the public had reported the incident and gave a number plate, stil, not sure if ther are or are not willing to make a formal statement, next day I had to make a statement, asked if I’d go to court…no problem, I was given the other drivers details on a card, name, registration, insurance details, policy number (still don’t understand how they could give this to me when they hadn’t even approached him yet) turned out I was on the money, a silver, electric mpv, since that I’ve really had no updates, apart from they are going to approach the drive to make them declare who was driving at the time of the alleged incident and then get them to come in for an interview.
I damaged two tyres and two wheels on my car, hurt my rhs arm and am currently of work as I drive to different sites every day and can’t due to my arm, currently attending physio and car is off the road since the incident.
Rang my insurance, told them the whole story and they said no problem I can claim of my own insurance but they will not pursue his as there was no contact between the cars, So that’s my insurance through the roof if I do.
Decided to order the wheels and tyres myself to avoid this and go and see a solicitor to recover my costs, didn’t go well, he was more interested in his fees and what he could charge me (175 an hour and that could rise by a maximum of 200%) said a few times that no matter what happened he would need paid, would invoice me every month for work done and to be aware that if it went to court, even we won, some insurance companies don’t cover all legal costs and his fees would come out of any monies I’d receive.
Said he would be looking £175 for the initial meeting I had with him yesterday even If don’t formally engage him.
Feeling a bit disappointed at this point and just don’t really know what to do next,
Any advice would really be welcome at this point :-) thanks
Nearly two weeks back I was pretty shook up after being forced off the road by a dangerous driver, sustained damage to my car (approx 2k) and to my rhs arm, I’m currently off work because of it.
Long story short, the road In question is a very good quality road with good vision (see pic of my view and direction of travel just before incident)
I’ve just came over the crest of a hill and started a decent down a gentle hill, I noticed in the distance a motorcycle just finish an overtake on a van (2 vans and two bikes heading toward me that I can see)
Then a second vehicle pulls out from behind the same van (furthest away from me) and starts to overtake, I dip my brakes instinctively (honestly was at no more than 60) he keeps coming towards me my side of the road, as he gets yet closer on my side, I hit the brakes hard and abs kicks in, he is still coming at me, at this point I’m certain if I stop dead in my lane he will hit me head on due to the speed he is carrying so I’ve no option but to take evasive action and drive car hard to the lhs, mount a kerb and get my car out of the way on the oncoming vehicle, I had to take my whole car off the road, all four wheels, ended up with the passenger wheels on the grass verge and the drivers side wheels on the pedestrian footpath see crude red lines on pic)
Other driver did a runner! Have cctv footage clearly showing vehicle passing two petrol stations on this rad before and after the place the incident took place, second time stamp pretty much confirms that they didn’t stop too.
Rang the police and reported it, with a description of car, didn’t get a reg but did describe it, light colour, people carrier, mpv type and for some reason thought it might be electric, police man said with out a reg I’d no hope :-(
10 mins later the same officer rang me back saying a member of the public had reported the incident and gave a number plate, stil, not sure if ther are or are not willing to make a formal statement, next day I had to make a statement, asked if I’d go to court…no problem, I was given the other drivers details on a card, name, registration, insurance details, policy number (still don’t understand how they could give this to me when they hadn’t even approached him yet) turned out I was on the money, a silver, electric mpv, since that I’ve really had no updates, apart from they are going to approach the drive to make them declare who was driving at the time of the alleged incident and then get them to come in for an interview.
I damaged two tyres and two wheels on my car, hurt my rhs arm and am currently of work as I drive to different sites every day and can’t due to my arm, currently attending physio and car is off the road since the incident.
Rang my insurance, told them the whole story and they said no problem I can claim of my own insurance but they will not pursue his as there was no contact between the cars, So that’s my insurance through the roof if I do.
Decided to order the wheels and tyres myself to avoid this and go and see a solicitor to recover my costs, didn’t go well, he was more interested in his fees and what he could charge me (175 an hour and that could rise by a maximum of 200%) said a few times that no matter what happened he would need paid, would invoice me every month for work done and to be aware that if it went to court, even we won, some insurance companies don’t cover all legal costs and his fees would come out of any monies I’d receive.
Said he would be looking £175 for the initial meeting I had with him yesterday even If don’t formally engage him.
Feeling a bit disappointed at this point and just don’t really know what to do next,
Any advice would really be welcome at this point :-) thanks
Edited by Youforreal. on Friday 12th April 09:08
Depends on the outcomes you want:
1 damage to own car - either pay yourself or claim off your own ins - you don't know how much the cost will be on increased premiums over the years, but try getting some quotes with the accident/claim declared.
2 the other driver prosecuted - keep nagging plod, but don't get your hopes up
3 money from the other driver - you could try his ins co direct, but unlikely to be fruitful, but nothing ventured etc
Hope your arm improves quickly.
Bert
1 damage to own car - either pay yourself or claim off your own ins - you don't know how much the cost will be on increased premiums over the years, but try getting some quotes with the accident/claim declared.
2 the other driver prosecuted - keep nagging plod, but don't get your hopes up
3 money from the other driver - you could try his ins co direct, but unlikely to be fruitful, but nothing ventured etc
Hope your arm improves quickly.
Bert
Youforreal. said:
Hi all
Nearly two weeks back I was pretty shook up after being forced off the road by a dangerous driver, sustained damage to my car (approx 2k) and to my rhs arm, I’m currently off work because of it.
Long story short, the road In question is a very good quality road with good vision (see pic of my view and direction of travel just before incident)
I’ve just came over the crest of a hill and started a decent down a gentle hill, I noticed in the distance a motorcycle just finish an overtake on a van (2 vans and two bikes heading toward me that I can see)
Then a second vehicle pulls out from behind the same van (furthest away from me) and starts to overtake, I dip my brakes instinctively (honestly was at no more than 60) he keeps coming towards me my side of the road, as he gets yet closer on my side, I hit the brakes hard and abs kicks in, he is still coming at me, at this point I’m certain if I stop dead in my lane he will hit me head on due to the speed he is carrying so I’ve no option but to take evasive action and drive car hard to the lhs, mount a kerb and get my car out of the way on the oncoming vehicle, I had to take my whole car off the road, all four wheels, ended up with the passenger wheels on the grass verge and the drivers side wheels on the pedestrian footpath see crude red lines on pic)
Other driver did a runner! Have cctv footage clearly showing vehicle passing two petrol stations on this rad before and after the place the incident took place, second time stamp pretty much confirms that they didn’t stop too.
Rang the police and reported it, with a description of car, didn’t get a reg but did describe it, light colour, people carrier, mpv type and for some reason thought it might be electric, police man said with out a reg I’d no hope :-(
10 mins later the same officer rang me back saying a member of the public had reported the incident and gave a number plate, stil, not sure if ther are or are not willing to make a formal statement, next day I had to make a statement, asked if I’d go to court…no problem, I was given the other drivers details on a card, name, registration, insurance details, policy number (still don’t understand how they could give this to me when they hadn’t even approached him yet) turned out I was on the money, a silver, electric mpv, since that I’ve really had no updates, apart from they are going to approach the drive to make them declare who was driving at the time of the alleged incident and then get them to come in for an interview.
I damaged two tyres and two wheels on my car, hurt my rhs arm and am currently of work as I drive to different sites every day and can’t due to my arm, currently attending physio and car is off the road since the incident.
Rang my insurance, told them the whole story and they said no problem I can claim of my own insurance but they will not pursue his as there was no contact between the cars, So that’s my insurance through the roof if I do.
Decided to order the wheels and tyres myself to avoid this and go and see a solicitor to recover my costs, didn’t go well, he was more interested in his fees and what he could charge me (175 an hour and that could rise by a maximum of 200%) said a few times that no matter what happened he would need paid, would invoice me every month for work done and to be aware that if it went to court, even we won, some insurance companies don’t cover all legal costs and his fees would come out of any monies I’d receive.
Said he would be looking £175 for the initial meeting I had with him yesterday even If don’t formally engage him.
Feeling a bit disappointed at this point and just don’t really know what to do next,
Any advice would really be welcome at this point :-) thanks
Don't bother and move on with your life.Nearly two weeks back I was pretty shook up after being forced off the road by a dangerous driver, sustained damage to my car (approx 2k) and to my rhs arm, I’m currently off work because of it.
Long story short, the road In question is a very good quality road with good vision (see pic of my view and direction of travel just before incident)
I’ve just came over the crest of a hill and started a decent down a gentle hill, I noticed in the distance a motorcycle just finish an overtake on a van (2 vans and two bikes heading toward me that I can see)
Then a second vehicle pulls out from behind the same van (furthest away from me) and starts to overtake, I dip my brakes instinctively (honestly was at no more than 60) he keeps coming towards me my side of the road, as he gets yet closer on my side, I hit the brakes hard and abs kicks in, he is still coming at me, at this point I’m certain if I stop dead in my lane he will hit me head on due to the speed he is carrying so I’ve no option but to take evasive action and drive car hard to the lhs, mount a kerb and get my car out of the way on the oncoming vehicle, I had to take my whole car off the road, all four wheels, ended up with the passenger wheels on the grass verge and the drivers side wheels on the pedestrian footpath see crude red lines on pic)
Other driver did a runner! Have cctv footage clearly showing vehicle passing two petrol stations on this rad before and after the place the incident took place, second time stamp pretty much confirms that they didn’t stop too.
Rang the police and reported it, with a description of car, didn’t get a reg but did describe it, light colour, people carrier, mpv type and for some reason thought it might be electric, police man said with out a reg I’d no hope :-(
10 mins later the same officer rang me back saying a member of the public had reported the incident and gave a number plate, stil, not sure if ther are or are not willing to make a formal statement, next day I had to make a statement, asked if I’d go to court…no problem, I was given the other drivers details on a card, name, registration, insurance details, policy number (still don’t understand how they could give this to me when they hadn’t even approached him yet) turned out I was on the money, a silver, electric mpv, since that I’ve really had no updates, apart from they are going to approach the drive to make them declare who was driving at the time of the alleged incident and then get them to come in for an interview.
I damaged two tyres and two wheels on my car, hurt my rhs arm and am currently of work as I drive to different sites every day and can’t due to my arm, currently attending physio and car is off the road since the incident.
Rang my insurance, told them the whole story and they said no problem I can claim of my own insurance but they will not pursue his as there was no contact between the cars, So that’s my insurance through the roof if I do.
Decided to order the wheels and tyres myself to avoid this and go and see a solicitor to recover my costs, didn’t go well, he was more interested in his fees and what he could charge me (175 an hour and that could rise by a maximum of 200%) said a few times that no matter what happened he would need paid, would invoice me every month for work done and to be aware that if it went to court, even we won, some insurance companies don’t cover all legal costs and his fees would come out of any monies I’d receive.
Said he would be looking £175 for the initial meeting I had with him yesterday even If don’t formally engage him.
Feeling a bit disappointed at this point and just don’t really know what to do next,
Any advice would really be welcome at this point :-) thanks
Edited by Youforreal. on Friday 12th April 09:08
There are, and always will be s on the road.
For financial redress, as you very conveniently have the other driver's details, the route to go is Small Claims. No solicitors involved. First you need to write to the other driver with all your evidence and ask him to reimburse your expenses. Take it from there...
Or as said, shrug it off and move on.
Or as said, shrug it off and move on.
Youforreal. said:
Rang my insurance, told them the whole story and they said no problem I can claim of my own insurance but they will not pursue his as there was no contact between the cars, So that’s my insurance through the roof if I do.
Your insurance is already going up, as you've already told them.Ring them up, get the car fixed.
Why do people automatically assume their insurance will skyrocket after a claim? Mrs ZS has had a couple of relatively minor "at fault" claims over the years and it never had a noticeable impact on her premiums. I've been hit by an uninsured driver who did a runner and again it didn't really affect my premiums.
I get it sucks, but you pay for insurance to cover you for this sort of thing. If it was a couple of hundred quid then yes I'd look to sort myself, but for £2k I'd leave it with my insurance company.
I get it sucks, but you pay for insurance to cover you for this sort of thing. If it was a couple of hundred quid then yes I'd look to sort myself, but for £2k I'd leave it with my insurance company.
Zetec-S said:
Why do people automatically assume their insurance will skyrocket after a claim? Mrs ZS has had a couple of relatively minor "at fault" claims over the years and it never had a noticeable impact on her premiums. I've been hit by an uninsured driver who did a runner and again it didn't really affect my premiums.
I get it sucks, but you pay for insurance to cover you for this sort of thing. If it was a couple of hundred quid then yes I'd look to sort myself, but for £2k I'd leave it with my insurance company.
Fully agree with this.I get it sucks, but you pay for insurance to cover you for this sort of thing. If it was a couple of hundred quid then yes I'd look to sort myself, but for £2k I'd leave it with my insurance company.
Zetec-S said:
Why do people automatically assume their insurance will skyrocket after a claim? Mrs ZS has had a couple of relatively minor "at fault" claims over the years and it never had a noticeable impact on her premiums. I've been hit by an uninsured driver who did a runner and again it didn't really affect my premiums.
I get it sucks, but you pay for insurance to cover you for this sort of thing. If it was a couple of hundred quid then yes I'd look to sort myself, but for £2k I'd leave it with my insurance company.
There are many variables at play. Lose your NCD for 2 years and it takes 4 years to get back to where you would be if clean. If you are paying a high premium, a small rise is not so relevant as you are being shafted anyhow.I get it sucks, but you pay for insurance to cover you for this sort of thing. If it was a couple of hundred quid then yes I'd look to sort myself, but for £2k I'd leave it with my insurance company.
For example, when I thought I was getting a SP30, I noticed the three cheaper quotes were removed from my search. I could not get the best value policies - that meant potentially £85 lost for 5 years.
Letter before action followed my MCOL.
I’d also sue your insurance company based on their ‘no contact’ response. That’s shocking.
Assuming your witness is sound, and the police can issue some kind of report, a county court judge may well side with you. For a very small outlay, it’s worth it.
I’d also sue your insurance company based on their ‘no contact’ response. That’s shocking.
Assuming your witness is sound, and the police can issue some kind of report, a county court judge may well side with you. For a very small outlay, it’s worth it.
I suspect the big issue at the moment is in theory you/your insurer should reclaim from the other driver.
But without an impact between vehicles (and therefore physical evidence), dashcam footage or independant witnesses willing to go to court, proving liability is difficult.
IIRC even the 3rd party calling the police has minimal value (hearsay) without said third party being identified and willing to attend court.
The solicitor you spoke to has a legal duty to insure you fully understand costs and explain that a case like this is going to be expensive (unless the other driver is convicted by police). There are caps on legal fees recoverable in motoring claims as long as certain procedures are correctly followed
But without an impact between vehicles (and therefore physical evidence), dashcam footage or independant witnesses willing to go to court, proving liability is difficult.
IIRC even the 3rd party calling the police has minimal value (hearsay) without said third party being identified and willing to attend court.
The solicitor you spoke to has a legal duty to insure you fully understand costs and explain that a case like this is going to be expensive (unless the other driver is convicted by police). There are caps on legal fees recoverable in motoring claims as long as certain procedures are correctly followed
Is it really correct that the insurer would not attempt to recover money from the third party because there was no collision?
Seems like the third party clearly was negligent in their actions so they would be able to recover funds from the TP insurer.
I understand for a small claim it would not be worth the cost for them, but when personal injury/loss of earnings is involved?
Seems like the third party clearly was negligent in their actions so they would be able to recover funds from the TP insurer.
I understand for a small claim it would not be worth the cost for them, but when personal injury/loss of earnings is involved?
I don't get why people pay for insurance and then don't want to use it for the purpose it is for.
If I were the OP I would sit down, download my insurance T&Cs, carefully check what it covers and then make use of it. If you have legal cover why pay for a solicitor?
If it costs the OPs insurance company money it then becomes in their interest to go after the other drivers insurance. Why should the OP have a claim on his file but nothing for the other driver? You have paid for a service, keep on at them till you get what you have been paying for.
Also keep chasing the police, its in all other drivers interests for these sort of people off the road before they cause a more serious accident.
Hope your injuries get better soon.
If I were the OP I would sit down, download my insurance T&Cs, carefully check what it covers and then make use of it. If you have legal cover why pay for a solicitor?
If it costs the OPs insurance company money it then becomes in their interest to go after the other drivers insurance. Why should the OP have a claim on his file but nothing for the other driver? You have paid for a service, keep on at them till you get what you have been paying for.
Also keep chasing the police, its in all other drivers interests for these sort of people off the road before they cause a more serious accident.
Hope your injuries get better soon.
Simpo Two said:
For financial redress, as you very conveniently have the other driver's details, the route to go is Small Claims. No solicitors involved. First you need to write to the other driver with all your evidence and ask him to reimburse your expenses. Take it from there...
Or as said, shrug it off and move on.
This. There is no need for solicitors.Or as said, shrug it off and move on.
Sorry to hear that OP......and in addition to all the above advice, get yourself a decent dash cam. It's these kind of incidents they are invaluable for. You don't have to be a road crusader posting Youtube video's of minor altercations....it sits there quietly for year after year doing it's thing (as mine does), and when it's needed, provides the direct video evidence to help you if ever required. I got mine after I was responsible for a <5mph bump which the taxi driver then claimed for massive damage / whiplash etc etc. Resulted in all sorts of insurance back and forth (they eventually pushed it to fraud following engineerring review of my car....but is was all a bit painful).
Thankfully never needed the cam since I installed it but who knows what tomorrow will bring.
Thankfully never needed the cam since I installed it but who knows what tomorrow will bring.
98elise said:
This. There is no need for solicitors.
I'm also extremely disappointed that the solicitor seemingly didn't advise the OP 'This is a job for small claims, you don't need me'.I once got rid of an accountant for the same reason - he was more interested in his money than mine.
MustangGT said:
Zetec-S said:
Why do people automatically assume their insurance will skyrocket after a claim? Mrs ZS has had a couple of relatively minor "at fault" claims over the years and it never had a noticeable impact on her premiums. I've been hit by an uninsured driver who did a runner and again it didn't really affect my premiums.
I get it sucks, but you pay for insurance to cover you for this sort of thing. If it was a couple of hundred quid then yes I'd look to sort myself, but for £2k I'd leave it with my insurance company.
Fully agree with this.I get it sucks, but you pay for insurance to cover you for this sort of thing. If it was a couple of hundred quid then yes I'd look to sort myself, but for £2k I'd leave it with my insurance company.
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