15 year old driving crash car. How to prove it?
15 year old driving crash car. How to prove it?
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Discussion

Tafia

Original Poster:

2,658 posts

278 months

Monday 26th June 2006
quotequote all
This from a chum. She had an accident last Feb when a yob deliberately stepped in front of her car in a 40 mile limit. She slammed on her brakes and the car behind hit her and shunted her car into the hedge. Yobs not caught, car written off.

Now the below. She claims police were not interested and I find this amazing as she claimed a schoolgirl was driving the other car. Is there any way the N. Wales police could prove who was driving the car?

Note begins:

Had a bad week last week - again !
Would you believe that I had another accident in a car I have only had for 5 weeks !
The car that hit me was being driven by a school girl ( about 15 ) but the passenger ( owner) said it was him driving and I cannot prove it.

Apparently this was a right of way violation as she pulled out of a side road and hit me which should be straight forward .
Rover mangled and written off in February and now a car I've only had for 5 weeks that has only 34,000 miles on the clock and in showroom condition is likely to be written off also . They are not admitting liability which means that the hire car I've had since Friday pm will be going back today. Things are loaded in favour of the guilty parties and in all this I have lost my no claims bonus . I reported the incident to the police but they were not interested

I feel very angry and need to buy a punch bag !

Peter Ward

2,097 posts

286 months

Monday 26th June 2006
quotequote all
CCTV records from cameras along the route? Witnesses?

Was the boy himself permitted to drive? I mean, does it actually matter who was driving?

It may be that she would be better off accepting that the boy was driving if it was him who was insured, as then there's half a chance of getting some money. If it was the girl then I presume she would be considered uninsured and there would be additional difficulty.

How could the offender not admit liability if they've just driven into the side of your friend's car?

tvrgit

8,490 posts

282 months

Monday 26th June 2006
quotequote all
Peter Ward said:
It may be that she would be better off accepting that the boy was driving if it was him who was insured, as then there's half a chance of getting some money. If it was the girl then I presume she would be considered uninsured and there would be additional difficulty.

How could the offender not admit liability if they've just driven into the side of your friend's car?

Admission or otherwise of liability isn't really relevant.

I presume she has details of the other party? If so it's a straight claim. and yes it might be right to make sure you claim from the driver who WAS insured... they will sort out liability (or possibly "knock for knock" if disputed) but it's hard to argue when you've cracked into the side of someone from a side road I should think.

smeggy

3,241 posts

269 months

Monday 26th June 2006
quotequote all
Because she is a minor, would a mag not accept that the owner (bloke) was ‘in charge’ thereby allowing you to claim of his insurance (assuming he had any) even though she was driving?

designergraphics

143 posts

264 months

Monday 26th June 2006
quotequote all
Sorry to be the bearer of bad news, but something similar happened to my son. A car drove into the side of his on a mini roundabout. It was his right of way, he was already on the roundabout, and the damage was to the passenger door of his car. The damage to the other car was to the front. There was an independent witness who said it was the other driver's fault. The police were called and they said it was best to go knock for knock. I happened to be passing the scene so was there when the police arrived and objected to this advice but was told that my son should have swerved to his left to try and avoid the other car. He swerved to his right, which was the natural thing to do as if he'd swerved to his left he would driven into the path of the other car, so this advice was rubbish. The police just didn't want to know. Although there was an independent witness, his insurance company went knock for knock. .

splatspeed

7,491 posts

281 months

Tuesday 27th June 2006
quotequote all
small claims court

10% cost and then let some numpty judge decide worth a punt

WildCat

8,369 posts

273 months

Tuesday 27th June 2006
quotequote all
designergraphics said:
Sorry to be the bearer of bad news, but something similar happened to my son. A car drove into the side of his on a mini roundabout. It was his right of way, he was already on the roundabout, and the damage was to the passenger door of his car. The damage to the other car was to the front. There was an independent witness who said it was the other driver's fault. The police were called and they said it was best to go knock for knock.


But ist not for them to say surely?. Ist for the insurance companies to neogotiate based on report, diagrams und any photos you take of the scene. A cam ist essential bit of car kit these days ..

designergraphics said:


I happened to be passing the scene so was there when the police arrived and objected to this advice but was told that my son should have swerved to his left to try and avoid the other car. He swerved to his right, which was the natural thing to do as if he'd swerved to his left he would driven into the path of the other car, so this advice was rubbish. The police just didn't want to know. Although there was an independent witness, his insurance company went knock for knock. .


They do this to close the books und case if neither admit liablity - because ist cheaper to do so und in their interests to have higher premiums too They are sharks... I still have not got over the insurance company trying to say that the man who hit me died before impact und was "thus not insured"

We fought them all the way (ist when we sharpened our claws) - und secured all damages und losses to us und some cash for his widow.

WildCat

8,369 posts

273 months

Tuesday 27th June 2006
quotequote all
Tafia said:
This from a chum. She had an accident last Feb when a yob deliberately stepped in front of her car in a 40 mile limit. She slammed on her brakes and the car behind hit her and shunted her car into the hedge. Yobs not caught, car written off.

Now the below. She claims police were not interested and I find this amazing as she claimed a schoolgirl was driving the other car. Is there any way the N. Wales police could prove who was driving the car?

Note begins:

Had a bad week last week - again !
Would you believe that I had another accident in a car I have only had for 5 weeks !
The car that hit me was being driven by a school girl ( about 15 ) but the passenger ( owner) said it was him driving and I cannot prove it.

Apparently this was a right of way violation as she pulled out of a side road and hit me which should be straight forward .
Rover mangled and written off in February and now a car I've only had for 5 weeks that has only 34,000 miles on the clock and in showroom condition is likely to be written off also . They are not admitting liability which means that the hire car I've had since Friday pm will be going back today. Things are loaded in favour of the guilty parties and in all this I have lost my no claims bonus . I reported the incident to the police but they were not interested

I feel very angry and need to buy a punch bag !


Tafia - your friend need to write back to insurers - with diagram und photos of scene with the halt signs. She also tell them that although she cannot prove the kid was driving.. the car still failed to stop at junction with clear Give Way signs und moved out without looking into on-coming traffic. She tell them that she ist prepared to go to court to sue the other driver und there are various rules in the Highway Code which she should quote to them as well.

She then tell them that if they decide to settle - then ist not 50/50 but 80/20 und that any settlement should be ex-gratia on their part und thus not part of her driving record.

In the other incident - she braked for an emergency. She was rear ended. The driver behind should have been at distance to stop without a hit in any case. This incident should also not be on her record as a "fault" either.

But she need to sit down und compose this letter calmly und straightforwardly - but remind them that the other party regardless as to who was driving ist to blame. But then .. if he ist not insured .. then ist back to police und I am sure Brainstorm's Boyzzzz need bad press like proverbial hole in head

After all .. obsession with speed und doing nothing about uninsured, unqualified chavs hardly makes Welsh road safer

Tafia

Original Poster:

2,658 posts

278 months

Wednesday 28th June 2006
quotequote all
WildCat said:
Tafia said:
This from a chum. She had an accident last Feb when a yob deliberately stepped in front of her car in a 40 mile limit. She slammed on her brakes and the car behind hit her and shunted her car into the hedge. Yobs not caught, car written off.

Now the below. She claims police were not interested and I find this amazing as she claimed a schoolgirl was driving the other car. Is there any way the N. Wales police could prove who was driving the car?

Note begins:

Had a bad week last week - again !
Would you believe that I had another accident in a car I have only had for 5 weeks !
The car that hit me was being driven by a school girl ( about 15 ) but the passenger ( owner) said it was him driving and I cannot prove it.

Apparently this was a right of way violation as she pulled out of a side road and hit me which should be straight forward .
Rover mangled and written off in February and now a car I've only had for 5 weeks that has only 34,000 miles on the clock and in showroom condition is likely to be written off also . They are not admitting liability which means that the hire car I've had since Friday pm will be going back today. Things are loaded in favour of the guilty parties and in all this I have lost my no claims bonus . I reported the incident to the police but they were not interested

I feel very angry and need to buy a punch bag !


Tafia - your friend need to write back to insurers - with diagram und photos of scene with the halt signs. She also tell them that although she cannot prove the kid was driving.. the car still failed to stop at junction with clear Give Way signs und moved out without looking into on-coming traffic. She tell them that she ist prepared to go to court to sue the other driver und there are various rules in the Highway Code which she should quote to them as well.

She then tell them that if they decide to settle - then ist not 50/50 but 80/20 und that any settlement should be ex-gratia on their part und thus not part of her driving record.

In the other incident - she braked for an emergency. She was rear ended. The driver behind should have been at distance to stop without a hit in any case. This incident should also not be on her record as a "fault" either.

But she need to sit down und compose this letter calmly und straightforwardly - but remind them that the other party regardless as to who was driving ist to blame. But then .. if he ist not insured .. then ist back to police und I am sure Brainstorm's Boyzzzz need bad press like proverbial hole in head

After all .. obsession with speed und doing nothing about uninsured, unqualified chavs hardly makes Welsh road safer


PH friends. I will pass your thoughts to her.

My concern was her claim that N Wales police were not botherod by her claim that a 15 year old was driving. I have offered to contact the local inspector if she wishes.

anniesdad

14,589 posts

268 months

Wednesday 28th June 2006
quotequote all
She was hit from behind and from a car coming out of a side road? Ermm....

If the owner of the vehicle has allowed another driver to drive the car then it is possible you can force the indemnifying insurers to deal with the claim under the RTA section of the policy. If an insurance policy is in place, regardless of who was driving you should be able to make a successful claim.

Tafia

Original Poster:

2,658 posts

278 months

Thursday 29th June 2006
quotequote all
anniesdad said:
She was hit from behind and from a car coming out of a side road? Ermm....



Two separate incidents, several months apart.

anniesdad

14,589 posts

268 months

Thursday 29th June 2006
quotequote all
Tafia said:
anniesdad said:
She was hit from behind and from a car coming out of a side road? Ermm....



Two separate incidents, several months apart.


Yeah my apologies I posted this as I was just about to leave work and didn't really digest your initial post.