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advice needed please? #882170
12/08/2009 20:32
12/08/2009 20:32
Joined: Oct 2007
Posts: 11,159
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samsite999 Offline OP
I AM a Coop
samsite999  Offline OP
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I just want some one to put my mind at rest......

This guy who run in to the back of Emm, its already looking like he is going to try and contest it, and defiantly not admitting liability.

60mph road, its very up and down, she slowed down as there was a tracker in the road making slow progress, he went directly in to the back of her car.

Is he likely to be able to contest it?

Last edited by samsite999; 12/08/2009 21:01.
Re: advice needed please? [Re: samsite999] #882178
12/08/2009 20:40
12/08/2009 20:40

H
hillbilly11113
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hillbilly11113
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He may well contest it and tell his insurance company he wants to. This will drag out preceedings as the claim will go down as a more complex claim. In the end you will win if you just stick at it and dont give in as his insurance company will not go to court as there will not be a good enough chance of winning.
Again like i said im gutted for you both mate

Re: advice needed please? [Re: samsite999] #882179
12/08/2009 20:40
12/08/2009 20:40

J
johnnymarr
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johnnymarr
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If he went into the back of Emm he can't contest. Something to do with keeping a safe distance from the car infront which he obviously didn't or he leaves himself open to a charge of driving without due care and attention if the police get involved. Somone hit my wife's vectra on a C road pretty much the same thing as your Emm. Has she any witness's.
Plus your Insurance company will fight your case

Re: advice needed please? [Re: ] #882180
12/08/2009 20:45
12/08/2009 20:45
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samsite999 Offline OP
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Joined: Oct 2007
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no witnesses, the kind British public just drove around the accident thumb Ah well, she should get her cover car tomorrow. at that point when it starts costing people money, I suspect things will get resolved quicker.

Re: advice needed please? [Re: samsite999] #882182
12/08/2009 20:47
12/08/2009 20:47

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hillbilly11113
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hillbilly11113
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Ive had my hire car provided by insurance for 2 and a half months....so i wouldnt bet on it.
Not that i have a particularly dim view of insurance companies or anything... crazy

Last edited by hillbilly11113; 12/08/2009 20:50.
Re: advice needed please? [Re: ] #882184
12/08/2009 20:50
12/08/2009 20:50
Joined: Oct 2007
Posts: 11,159
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samsite999 Offline OP
I AM a Coop
samsite999  Offline OP
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Joined: Oct 2007
Posts: 11,159
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was yours a rear end shunt mate?

Re: advice needed please? [Re: samsite999] #882187
12/08/2009 20:54
12/08/2009 20:54
Joined: Dec 2005
Posts: 10,728
N.E Scotland
mattB Offline
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You shouldn't have any problem. I'd expect them and/or their insurance company to try and contest it because, well why wouldn't they? - I'm sure in a lot of cases people get scared off.

Stick to your guns - they dont have any sort of argument that holds water. They were travelling too fast, end of story.


Death-rattle-tastic
Re: advice needed please? [Re: samsite999] #882188
12/08/2009 20:55
12/08/2009 20:55

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johnnymarr
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johnnymarr
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Are your insurance involved? They should fight your corner for you. My insurer Avia were spot on when the wifes crash happened he tried to say it wasn't his fault. My insurer got straight onto his and within 2hrs had a phone from his insurer appolising and if they could help with anything. Got an avis preferred hire car for 3 weeks (Brand new Passat CC) must of cost them a fortune repairs were £3,500 alone car was £50 a day

Re: advice needed please? [Re: ] #882193
12/08/2009 20:59
12/08/2009 20:59

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hillbilly11113
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hillbilly11113
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Originally Posted By: johnnymarr
Are your insurance involved? They should fight your corner for you. My insurer Avia were spot on when the wifes crash happened he tried to say it wasn't his fault. My insurer got straight onto his and within 2hrs had a phone from his insurer appolising and if they could help with anything. Got an avis preferred hire car for 3 weeks (Brand new Passat CC) must of cost them a fortune repairs were £3,500 alone car was £50 a day


Glad some people have some luck with insurance companies i have nothing but s censoredt.
Sam really hope your claim does go well. Like people say he in reality doesnt have a leg to stand on.

Re: advice needed please? [Re: ] #882250
12/08/2009 22:18
12/08/2009 22:18
Joined: Jun 2006
Posts: 32,122
Cumbria
stan Offline
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No contest Sam, trust me wink


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Re: advice needed please? [Re: stan] #882260
12/08/2009 22:28
12/08/2009 22:28

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Radley
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Radley
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If someone goes into the back of you then there is no contesting - however insurance companies split the difference and your premium goes up anyway as they consider you a higher risk as you were involved in an accident. Despite it not being your fault - driver behind you has to keep a safe distance at all times. You cannot blame the person in front of you - you should be travelling at a safe distance and speed and expecting the unexpected - the bloke is just wrong - his insurance comp will put him right don't worry

Re: advice needed please? [Re: stan] #884357
17/08/2009 12:56
17/08/2009 12:56

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belfastjohn
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belfastjohn
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Originally Posted By: stan
No contest Sam, trust me wink


Yep Sam, I doubt his insurance company will contest it.

They wouldn't have a leg to stand on.

I dont think you are supposed to admit liability at the scene anyway. I might be wrong, though I've always been under the impression that you swap details and give your statement to your insurer. They then admit or deny liability.

Re: advice needed please? [Re: ] #884841
18/08/2009 09:11
18/08/2009 09:11
Joined: Sep 2007
Posts: 4,115
South Cheshire
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Lucifer Offline
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I know somebody who was waiting behind a car on a roundabout, which was on a slight incline. The car in front (without wanting to generalise but was being driven by a doddering old man tongue )rolled back into my friends car, travelling a good few feet in the process, but the guy in front claimed that my friend had driven into the back of him.

With his word against hers, the decision went in his favour because it was a rear end shunt.

So on that basis I'd say you'll be fine smile


2016 Jaguar F-Type R AWD; 2017 BMW M4 Competition Package; 2015 Range Rover Evoque 2.2 Tech
Re: advice needed please? [Re: Lucifer] #885702
19/08/2009 16:25
19/08/2009 16:25
Joined: Oct 2007
Posts: 11,159
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samsite999 Offline OP
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well, Just been told its going to be a total loss with the repair work priced up at 1.5k, lets just say I'm less than happy

Re: advice needed please? [Re: samsite999] #885706
19/08/2009 16:27
19/08/2009 16:27
Joined: Sep 2007
Posts: 4,115
South Cheshire
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Lucifer Offline
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All the more reason to hope the other party does the right thing then. Good luck mate smile


2016 Jaguar F-Type R AWD; 2017 BMW M4 Competition Package; 2015 Range Rover Evoque 2.2 Tech
Re: advice needed please? [Re: Lucifer] #888587
25/08/2009 13:23
25/08/2009 13:23
Joined: Oct 2007
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samsite999 Offline OP
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To finish this up before i'm off on my travels again (and no, you cant rob my house unless you take my misses with you)

I have some good news, Its all been resolved. Emms NCB is not effected, there going after the other chap as there pushing for liable against him (open and close case)
The insurance assessor called. After a conversation about service history and the pre crash condition of the car (in which he remarked on its...and this is his words, "mint" condition) the car will be coming home to us, he didn't want to write it off because he was fairly sure even before the call that we wanted to keep it. So they did a cash in lew of repair thingy. We get the car back and its not recorded as accident damaged on the insurance, cars history is kept clean. And we got a chunk of money which was a surprising amount.
So were all happey thumb

Re: advice needed please? [Re: samsite999] #888590
25/08/2009 13:28
25/08/2009 13:28
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Countrycruising Offline
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Cash in lew of repair.....



Hammer time smash laugh

Re: advice needed please? [Re: Countrycruising] #888600
25/08/2009 13:36
25/08/2009 13:36
Joined: Oct 2007
Posts: 11,159
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samsite999 Offline OP
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Joined: Oct 2007
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I have a yellow boot lid sorted alreay, a bumper would be nice, but the damage is hard to see on that. And a set of plates made up for it

...and yes, it is indeed "hammer time" (I do actually plan to be a little more scientific than simply belting it with a harmer), i'm going to weld 5-6 hooks on the back and use a winch to "pull" the dents out. The grind the hooks off, tidy up the rear end with a fresh coat of paint, its behind the bumper so no one will ever see it.. and then...I may weld in some box section across the back just to give some strength back. The spare wheel well will be rust treated and repainted.
Then I have the lovely task of putting new wishbones and droplinks + track rod ends on the front, two new tyers and sending it off for a early MOT (was due this month any how)

Re: advice needed please? [Re: samsite999] #888678
25/08/2009 15:29
25/08/2009 15:29
Joined: Sep 2007
Posts: 4,115
South Cheshire
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Lucifer Offline
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Joined: Sep 2007
Posts: 4,115
South Cheshire
Originally Posted By: samsite999
(I do actually plan to be a little more scientific than simply belting it with a harmer)


shocked You're going soft in your old age! laugh

Glad it's resolved though mate, you can breathe a sigh of relief now thumb


2016 Jaguar F-Type R AWD; 2017 BMW M4 Competition Package; 2015 Range Rover Evoque 2.2 Tech
Re: advice needed please? [Re: Lucifer] #889304
26/08/2009 17:45
26/08/2009 17:45

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proccy
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nice result sam cool

Re: advice needed please? [Re: ] #889370
26/08/2009 19:11
26/08/2009 19:11
Joined: Sep 2006
Posts: 8,960
west bromwich
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coupedummy Offline
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glad to hear its gone in the right direction


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