Right then, was run into by and artic while waiting to go on a roundabout, 3 lane entry, me sat in middle lane going ahead, scrote in artic in right lane didnt see me and swiped the rear and side of my car, he drove off, i gave chase, fuzz wouldnt come out, result no witnesses.

Now the engineers report says that (despite damage to rear and rear 3/4 of drivers side of car) I ran into the truck with the front of my car!!

Insurance co isnt helpfull, wont send another engineer to look at car.

Solicitor has had an offer of a 50/50 from other side, leaves me having claim on my record, reckons I should take the offer. Personally this its all a load of sh1t3 and want to go to court but without any witnesses is it worth it?

thoughts please

anyone had similar happen to them???

ta

Steve

Steve Wright

http://www.chestermodels.com/fiat
http://www.offroading.uk.com

Originally posted by scrw
Now the engineers report says that (despite damage to rear and rear 3/4 of drivers side of car) I ran into the truck with the front of my car!!

Click to expand...

shouldn't the engineers report be right in the first place before proceddings and stuff take place.

I guess u have demanded another report

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With no witnesses it comes down to your word against the other drivers.

One of my supervisors was a passenger in a car that was passing an artic in the rh lane when it turned right in front of them from the left hand lane. Took the fire brigade 45 mins to cut him free. Police would not take any action as there were no witnesses!!

Court cases are costly and not guarenteed to be fair.

I would be tempted to take the money and set fire to the trailer park. (Only joking, but it would certainly vent some of my rage[!])

How much is the damage going to cost you. Balance that against your excess and how much you will lose on your no claims.

Good luck anyway,
Dave


85% of Marea HLX drivers have speeding tickets.... lol they'll have to catch me first.

i am out of pocket 2 grand due to excess and time off work (the drivers seat broke he hit me that hard)
I have legal expenses insurance so may just take it all the way.
May put an ad in the local rag for witnesses as alot of people saw it, just no one bothered to stop[V]

Steve Wright

http://www.chestermodels.com/fiat
http://www.offroading.uk.com

had a women scrape the back of my motor a few years back
while i wasnt in the car (just left it) i saw this and ran over, she just kept going. Got the number plate though. so i went straight to the police station and recorded it as 'failing to stop at a scene of accident', anyway couple of weeks later they caught up with her and took her to court !! she admitted in court and all was settled.

Basically, its always good to threaten people into court action cause you know they are in the wrong and so do they. so would they really wanna get into more trouble i.e. court fees extra ?

tricky situation but i would go ahead with the courts, but only after getting a second inspection on the car. they can normally tell exactly how its been hit.

good luck anyway
Rob

how can they claim you hit the artic with the front of your car. You have clear proof that they are talking out their arse. Inform the insurance co that the damage is to the rear/side of the car not the front. Their report is incorrect and cannot possibly be accurate as there is no damage to the front.

if all else fails, crash the car throught their local branch.. or not


Cinq Sporting - and yes, its broom yellow!

thinking about it, if i accept 50/50, i dont get anything as my insurance co has paid up for the value of the car less excess and lose out re no claims. So I havent got anything to lose if i go to court, just half the excess and have a weeks wages.

I think I'll pass on the 50/50 sh1t3 [}]

Steve Wright

http://www.chestermodels.com/fiat
http://www.offroading.uk.com

Ok, your call. Best of luck.
Dave

85% of Marea HLX drivers have speeding tickets.... lol they'll have to catch me first.

oh it gets better, just read the small print, if i dont accept the 50/50 my legal fees aren't paid by the insurance company[!]
The solicitor hasnt really done anything yet, they were ment to sort out a second engineers report but haven't and have been sat on the info re the 50/50 claim for over a week (there is a time limit of 21 days to respond) without telling me [!]
Will get on to the AA legal dept in the morning to try and sort this out, not at all happy with the way the insurance co and the solicitors have done sod all to defend my corner.

...oowww now i am in a bad mood [V]

Steve Wright

http://www.chestermodels.com/fiat
http://www.offroading.uk.com

if they're offering you 50/50 then they're admitting it wasnt you going into the back of them, afterall if you'd have driven into the back of them why would they offer you 50/50?

Cinquecento Sporting,
and yes it is indeed Broom Yellow \o/

That's terrible treatment. Who is your insurer?

Les Ross
Certified by a
Professional

Take it to the courts! People like that **** me off!




Speedbumps are my arch enemys!!!

[!]i'm with ghost on this one,why would they offer 50/50 if they were'nt the ones to blame?they are just trying to get off without admitting the blame! try putting the ad in the paper but dont hold your breath,people are just lazy so probaly wont answer it,but at least it shows your solicitor/insurance company your trying plus demand a second engineers report,total crap if he says you hit him especially if its the rear of your car thats damaged!!! also draw out a diagram of the lanes and a step by step drawing of how the accident happened,write out a report of everything that happened,every little detail and go for it! also question the insurance comp. about their small print! coz it makes the legal protection pretty much useless! and this is a prime example of when you need it!! good luck and keep us informed!!!

WHEN THIS BABY HIT'S 88...YOUR GONNA SEE SOME SERIOUS s**t!

also if there is a time limit on your 50/50 claim and your solicitor has pissed about,it's not your fault, take that further,and who ever is responsible for getting the second engineer to give a report,give them a bit of moaning, tip from the top, if your solicitor is pissing you about tell him you think you've not been represented properly and if this matter doesn't take any steps further to getting solved you will be reporting him, this puts the s**ts up them,dont be too agressive tho!stay calm and you'll get thru this! whats the point on being legal i.e road tax,insurance etc when there is so much illegal twats out there? it's as if the police want to protect them more than us law abiding people! gets me angry![!]

WHEN THIS BABY HIT'S 88...YOUR GONNA SEE SOME SERIOUS s**t!

OK blab blab...

My old man owns a law firm and he said go to court... there's a little known contract law (don't know the exact details) that says the terms of a contract (in the case of your legal expenses not being paid) can be scrapped if they are totally unreasonable, flippant or impossible..... as the lorry peoples decision to offer 50/50 was based on a rubbish report i'd think this would apply therefore the insurers would have to pay legal fee's. This applies to terms and conditions when buying an air ticket etc aswell guys so take note! And as far as solicitors go.... they're so busy you have to constantly chase them up...... hound him with letters, messages, calls and polite threats.

Your car is perfect evidence against the lorry driver should this go to court, keep it on a drive somewhere if possible and do not touch it!

I just typed a load of rubbish didn't I.....

Had a Cinq, bought a new Clio, so now I don't have a Cinq.

Its really bad.

GoGoCinquecento!

Who is your insurance co so we all know who to avoid??

Andy McC

3dr Scilla Red Stilo 1.2 Active :O)

So if I kill someone and there are no witnessess, I can't be prosecuted? b*ll*cks! All the evidence the courts need is in the damage to the car. Get a proper report and take 'em to court! [!]

As a side note, I have just bought a new mobile phone and it has a camera built in. Touch wood I will never have to use it, but I imagine it will be extremely useful for collecting evidence in the event of an accident. [}] Then again, the Police would probably fine me £30 for using a mobile phone in a car! lol

Good luck!

_________________________
2003 Stilo 1.6 Dynamic 3dr, Orion Grey, 17" Alloys, Dual Zone Climate Control, Aluminum Sills, Clarion DXZ928R, Kenwood DualMags, Clarion SRX1784, de-badged.
I accept no responsibility for the content of my posts, nor any decisions you make based on them.[^]

Originally posted by Eco
Who is your insurance co so we all know who to avoid??

Andy McC

3dr Scilla Red Stilo 1.2 Active :O)

Click to expand...

Insurance company dont now seem to be the issue, just the solicitor they got to work for me.
Have now found out the insurance company are disputing the report thier engineer did (list all parts for the rear of my car then says the impact was a the front!), the solicitor on the other hand is saying take a 50/50 or stump up the fees to go to court[!]

Best bit is the solicitor hasnt returned my calls since Thursday!, chuffing useless[V]

More phonecalls tomorrow [}]

Steve Wright

http://www.chestermodels.com/fiat
http://www.offroading.uk.com

Lead - While it might help your case with your insurer if you have a digital camera at an accident, digital photos are currently not admissable as evidence. Courts will look at them but will treat them as opinion rather than fact.

Stick a disposable camera in your glovebox and you can't go wrong!

Roja

2003 Silver 3-Door Abarth with graphite wheels and all the toys
NOW FOR SALE - £9995ono