Advice needed - was hit by another car and they are trying to stitch me up
24 December 2007, 10:44 AM
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Advice needed - was hit by another car and they are trying to stitch me up
Got hit by another car Friday night. Dual carriageway with 40mph limit over a roundabout and I was in the right handlane going straight on and the car in the left hand lane was going straight on, until at the last second she went to exit the roundabout panicked and decided to pull hard right into the side of me to attempt to go back round the roundabout.
She admitted full liability at the time but as soon as she said it was her boyfriends car and wanted to ask her dad whether to go through the insurance I knew she was going to stitch me up.
I spoke to her insurance company this morning and they confirmed she is now denying any liability. I called her and spoke to her bloke to find out why they were now denying liability and he got nasty on the phone and then said they are accusing me of intimidation and aggressive behaviour making her admit liability at the scene.
This was not the case, she was only about 20, had a friend with her and were both upset. I told them accidents happen and not to cut themselves up over it, no one was hurt etc. The accident happened in a dangerous place and lets move the cars to the Shell garage 100 yds down the road which we did and exchanged details in a calm and friendly manner.
The fact she is now ******* me over just about sums the scum up in this country.
I have already phoned the police to report her for dangerous driving as thats exactly what it was and just very glad we were only doing about 30mph. I have called Shell to get the forecourt security tapes kept so they can prove through footage everything was done in a calm and friendly manner and to prove they are lieing with their claims of my behaviour.
Its all in the hands of the insurance companies now and i'm left without a car over Christmas so down to one car and can not fit all the family in to visit other family now which is going to cause big issues over the next few days
Insurance company from her side wont provide a courtesy car as she wont admit liability and my insurance company wont provide a coutesy car as its 3rd party fire and theft cover. I can't afford to hire one and take the risk of claiming it back and failing if the insurance companies stitch me up so Christmas is now fcuked.
Anyone with any other ideas on what I need to be doing to cover my ar$e against her lies? I did take a photo of her car on my mobile phone at the scene to show where she ended up and her registration number.
I was on the phone to the insurance companies straight away over the weekend, her and her boyfriend have avoided the insurance companies until this morning and to me that says a fair bit in how they spent the weekend making up stories and had they been genuinely making a claim against me surely they would have wanted to have been on the phone straight away like I was.
Also her Dad tried to blackmail me over the weekend saying that her excess was £400 and I could take that and nothing to be said to the insurance companies and if I didn't then they would go through the insurance companies making it difficult for me. Ihave his phone number saved so again can show the insurance companies that why would I have this if he hadn't called me when its nothing to do with him.
I was hit by a woman 2 years ago who then stitched me up and ended as 50/50 and I can see this going the same way just because no one stopped to offer to be a witness 2 women drivers hitting me in the space of 2-3 years both at or near to Christmas in the dark. Next Christmas i'm staying off the ******* roads.
Shell have just called me back and confirmed their security cameras only cover the shop and not the forecourt, this is an old system which is in the process fo being upgraded My only defence will be that had there been any rows or commotion the customers and the staff would have been aware of it and seen it.
Looks like my only hope is the damage to the cars proving my story is true and she is lieing her ar$e off.
She admitted full liability at the time but as soon as she said it was her boyfriends car and wanted to ask her dad whether to go through the insurance I knew she was going to stitch me up.
I spoke to her insurance company this morning and they confirmed she is now denying any liability. I called her and spoke to her bloke to find out why they were now denying liability and he got nasty on the phone and then said they are accusing me of intimidation and aggressive behaviour making her admit liability at the scene.
This was not the case, she was only about 20, had a friend with her and were both upset. I told them accidents happen and not to cut themselves up over it, no one was hurt etc. The accident happened in a dangerous place and lets move the cars to the Shell garage 100 yds down the road which we did and exchanged details in a calm and friendly manner.
The fact she is now ******* me over just about sums the scum up in this country.
I have already phoned the police to report her for dangerous driving as thats exactly what it was and just very glad we were only doing about 30mph. I have called Shell to get the forecourt security tapes kept so they can prove through footage everything was done in a calm and friendly manner and to prove they are lieing with their claims of my behaviour.
Its all in the hands of the insurance companies now and i'm left without a car over Christmas so down to one car and can not fit all the family in to visit other family now which is going to cause big issues over the next few days
Insurance company from her side wont provide a courtesy car as she wont admit liability and my insurance company wont provide a coutesy car as its 3rd party fire and theft cover. I can't afford to hire one and take the risk of claiming it back and failing if the insurance companies stitch me up so Christmas is now fcuked.
Anyone with any other ideas on what I need to be doing to cover my ar$e against her lies? I did take a photo of her car on my mobile phone at the scene to show where she ended up and her registration number.
I was on the phone to the insurance companies straight away over the weekend, her and her boyfriend have avoided the insurance companies until this morning and to me that says a fair bit in how they spent the weekend making up stories and had they been genuinely making a claim against me surely they would have wanted to have been on the phone straight away like I was.
Also her Dad tried to blackmail me over the weekend saying that her excess was £400 and I could take that and nothing to be said to the insurance companies and if I didn't then they would go through the insurance companies making it difficult for me. Ihave his phone number saved so again can show the insurance companies that why would I have this if he hadn't called me when its nothing to do with him.
I was hit by a woman 2 years ago who then stitched me up and ended as 50/50 and I can see this going the same way just because no one stopped to offer to be a witness
2 women drivers hitting me in the space of 2-3 years both at or near to Christmas in the dark. Next Christmas i'm staying off the ******* roads.Shell have just called me back and confirmed their security cameras only cover the shop and not the forecourt, this is an old system which is in the process fo being upgraded
My only defence will be that had there been any rows or commotion the customers and the staff would have been aware of it and seen it.Looks like my only hope is the damage to the cars proving my story is true and she is lieing her ar$e off.
Last edited by Bravo2zero_sps; 24 December 2007 at 10:47 AM.
24 December 2007, 10:51 AM
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You've got the photo (make sure it's downloaded and backed up). Would the damage be difficult to explain away, did she hit you with the front or side of her car?. If the latter she may say you swerved and hit her.
24 December 2007, 11:01 AM
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I don't see how the claims of intimidating behavior can amount to anything. Admitting liability at the roadside doesn't really mean anything either, so I wouldn't worry about that. Concentrate on proving that she caused the accident.
24 December 2007, 11:03 AM
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This is why I call the police if I have any accident at all no matter how small. I want to make sure everyone involved is interviewed and if necessary breathalysed and this way there is a police report to accompany any insurance claim. Of course, this did me faff all use recently as the guy that smacked into my Impreza didn't have any fecking insurance 
24 December 2007, 11:05 AM
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I can only say have photos/a written report for yourself of what happened. Nealry 2 years ago I was hit by a bike - after initially admiting it was his fault, he's spent 18 months finding a witness'
A week before Christmas, I got the court papers
Anyway, I'm letting insurance company sort it all out but I'm sticking to my guns as I KNOW it wasn't my fault.
Good luck with it all mate - stick to you guns but don't let it effect your health.
A week before Christmas, I got the court papers
Anyway, I'm letting insurance company sort it all out but I'm sticking to my guns as I KNOW it wasn't my fault.
Good luck with it all mate - stick to you guns but don't let it effect your health.
24 December 2007, 11:07 AM
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Thanks fellas. I would have called the police but I thought they didn't come out unless someone was injured or if the vehicles were causing an obstruction and couldn't be moved under their own power?
Her drivers door is what took the hit on hers and its my front left wing that got smashed in as she pulled hard right into it. Hers is a scrape more than anything where mine is all crumpled. Vectra 1 Rover 0
Her drivers door is what took the hit on hers and its my front left wing that got smashed in as she pulled hard right into it. Hers is a scrape more than anything where mine is all crumpled. Vectra 1 Rover 0
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24 December 2007, 11:08 AM
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Start putting your case together lots of photos of your car the road where you came from where your going....... also where did she come from where you both on the same course i.e. taking the same route........... Just pump and much info to the insurance company as you can.
Assume you’re on trial for murder and if you miss one thing your going down!
Assume you’re on trial for murder and if you miss one thing your going down!
24 December 2007, 11:11 AM
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Insurance compnaies will by default ALWAYS tell their client to DENY ALL LIABILTY.
This sound normal.
Just let the insurer deal with it. Write a well written statement stating the facts, conditions, what happened, position of vehicles (with diagrams) and what areas of the vehicle were damaged.
Keep it concise and stick to the facts. If need be, write a full indepth account of what haapened then use that to refer to in the future and use it for reference to make a more brief statement if need be.
Also mention that other party didn't appear to be injured and were claiming liability at scene.
This sound normal.
Just let the insurer deal with it. Write a well written statement stating the facts, conditions, what happened, position of vehicles (with diagrams) and what areas of the vehicle were damaged.
Keep it concise and stick to the facts. If need be, write a full indepth account of what haapened then use that to refer to in the future and use it for reference to make a more brief statement if need be.
Also mention that other party didn't appear to be injured and were claiming liability at scene.
Last edited by Shark Man; 24 December 2007 at 11:20 AM.
24 December 2007, 11:18 AM
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I am sorry to hear your story, it makes me mad, why don't people just admit they have made a mistake and take it on the chin, if it was there fault and you had nothing to do witht he incident except being the one hit then they should just take it and accept that these things happen, it is not the end of the world, she may lose her no claims pay her £400 excess but she will get repaired and be back on the road.
I also feel for you as your policy is only 3rd PF&T which means that if it is contested and goes to court unless you have additional legal cover it'll be up to you to pay the fees until you are awarded them back, it looks like you are going down the right path, make sure you keep the picture, and do drawings of the scene along with some dialogue while it is still fresh in your mind. Catalog any communications with the other party but DO NOT call them anymore as you could be digging yourself into a hole without realising it as they will keep records of you calling and try to use them as part of the intimidation.
Best thing to do is sit back take a deep breath and try to enjoy your Xmas there is no point on it ruining it and deal with it after the festivities with a clear mind.
I am sure you will get it sorted to the correct result if you are vigilant and stand your ground.
I also feel for you as your policy is only 3rd PF&T which means that if it is contested and goes to court unless you have additional legal cover it'll be up to you to pay the fees until you are awarded them back, it looks like you are going down the right path, make sure you keep the picture, and do drawings of the scene along with some dialogue while it is still fresh in your mind. Catalog any communications with the other party but DO NOT call them anymore as you could be digging yourself into a hole without realising it as they will keep records of you calling and try to use them as part of the intimidation.
Best thing to do is sit back take a deep breath and try to enjoy your Xmas there is no point on it ruining it and deal with it after the festivities with a clear mind.
I am sure you will get it sorted to the correct result if you are vigilant and stand your ground.
24 December 2007, 11:24 AM
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Thanks fellas. I would have called the police but I thought they didn't come out unless someone was injured or if the vehicles were causing an obstruction and couldn't be moved under their own power?
Her drivers door is what took the hit on hers and its my front left wing that got smashed in as she pulled hard right into it. Hers is a scrape more than anything where mine is all crumpled. Vectra 1 Rover 0
Her drivers door is what took the hit on hers and its my front left wing that got smashed in as she pulled hard right into it. Hers is a scrape more than anything where mine is all crumpled. Vectra 1 Rover 0
Which would mean on a 50/50 you have to take care of your own repair.
Sorry.. I sincerely hope it doesnt but it reads that way to me.
Also is your car not usable?
24 December 2007, 11:28 AM
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I had this years back - a woman went into the side of me, admitted liability at the scene and was very apologetic. Come insurance statement time, it was all my fault, I had been driving like a maniac and we were all lucky I didnt kill someone. A witness statement also mysteriously appeared, backing her up. This statement was obviously false.
I fought it for about a year and still lost in the end. Despite the mystery witness statement being full of holes and me having good photos showing the damage (If her version was true, I would have been driving my car sideways down the road to be damaged like it was) it boiled down to two sworn statements against my one. I lost out by a couple of grand in total iirc due to me not being able to claim back all costs, excess etc etc.
If I ever find myself in a similar situation, i will make sure I have 2 or 3 different witnesses all agreeing with my version.
I fought it for about a year and still lost in the end. Despite the mystery witness statement being full of holes and me having good photos showing the damage (If her version was true, I would have been driving my car sideways down the road to be damaged like it was) it boiled down to two sworn statements against my one. I lost out by a couple of grand in total iirc due to me not being able to claim back all costs, excess etc etc.
If I ever find myself in a similar situation, i will make sure I have 2 or 3 different witnesses all agreeing with my version.
24 December 2007, 11:28 AM
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Like people have said, make notes of everything. My family had a bad run with none fault claims recently and it's surprising what you forget whilst waiting for things that you have no control over, keeping a good paper trail helped no end.
Glad at least you were not injured and I hope it doesn't spoil your Christmas...
Glad at least you were not injured and I hope it doesn't spoil your Christmas...
24 December 2007, 11:30 AM
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In addition to what I wrote before, giving to the information you have just posted I would think and I am playing devils advocate here it will probably go 50/50 as even though she turned into you her damage in on the door which means she was in front and the general rule of thumb is the car behind is at fault, but I said 50/50 because neither insurer will be able to prove either way as both partieis will say something different, unless it goes to ocurt obviously...I am sorry it is not what you wanted to hear but having had some really strange accidents myself and only getting 5050 claims when it should have been clear cut the other drivers fault it tends to make you wonder and they do seem to do things which makes their lives easier.
Which would mean on a 50/50 you have to take care of your own repair.
Sorry.. I sincerely hope it doesnt but it reads that way to me.
Also is your car not usable?
Which would mean on a 50/50 you have to take care of your own repair.
Sorry.. I sincerely hope it doesnt but it reads that way to me.
Also is your car not usable?
24 December 2007, 11:34 AM
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In addition to what I wrote before, giving to the information you have just posted I would think and I am playing devils advocate here it will probably go 50/50 as even though she turned into you her damage in on the door which means she was in front and the general rule of thumb is the car behind is at fault, but I said 50/50 because neither insurer will be able to prove either way as both partieis will say something different, unless it goes to ocurt obviously...I am sorry it is not what you wanted to hear but having had some really strange accidents myself and only getting 5050 claims when it should have been clear cut the other drivers fault it tends to make you wonder and they do seem to do things which makes their lives easier.
Which would mean on a 50/50 you have to take care of your own repair.
Sorry.. I sincerely hope it doesnt but it reads that way to me.
Also is your car not usable?
Which would mean on a 50/50 you have to take care of your own repair.
Sorry.. I sincerely hope it doesnt but it reads that way to me.
Also is your car not usable?
I've pulled the wheelarch out over the weekend on the Rover so the wheel can turn freely. The headlight is smashed up so needs taping initially but yes it is now in theory driveable but I don't know if any damage has been done to the suspension or steering arm etc as the wheel took a hit. I am going to drive it very slowly over to my garage after boxing day for them to assess to see if I can do an emergency patch up on the car to make it safe and road legal. It doesn't have to look pretty, just be safe for the Mrs to drive her and the kids about in.
24 December 2007, 11:38 AM
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Exactly the same thing happened to my wife last year,it wasnt her fault when a coach drove into the side of her,but he said it wasnt his fault so it went to 50/50 and she lost 6 years no claims because there was no witnesses(the t££t!!)
24 December 2007, 11:42 AM
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As has been said, document the accident as carefully as you can showing how the direction & position of the cars resulted in the damage.
Eventually it may go to court and the JPs can usually tell who is telling the truth in my experience.
A young driver hit me and claimed it was my fault, but in court he completely fell apart during questioning and I was (rightly) given 100% of the claim. He had to pay over £1000 costs.
I had written to him previously asking him to tell the truth to save money and time but this was frowned on in court as it was seen as threatening. So don't contact them directly only through insurance/solicitors.
24 December 2007, 01:45 PM
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:-S Sorry for your hassle here. I learnt about this the hard way, I have 2 claims in 10 years of driving (50k a year ish so not as bad as it sounds) the first was my fault, not entirely but enough for me to hold my hands up and say "yep screwed up there" It was a nice easy job to sort out, they put some whiplash claims though which I thought was a little un-necessary milking but okay whatever.
Then a couple of years ago a woman in an old corsa cut me up on the motorway, I tried to miss her mostly successfully, but resulting in some scuffing. Pulled over on the hard shoulder and she went mental at me, but then she did look like she had spent all morning with her hair in the grease in the bottom of the deep fat fryer before putting her unbranded sportswear on.
After she berated me for 20mins we swopped details, I went home called my insurance, reported the incident but said I wont be claiming its not serious and as far as I can tell all the contact to her car was on the plastic running strip and there is no damage.
Well big claim later for all sorts, including whiplash, and a year of fighting it later I had only managed to achieve (despite lots of pictures of the road and the damage) getting the claim changed from 50/50 to my fault. Turns out her husband was a no win no fee legal bloke so what you going to do.
I am not happy about it at all, I know there claims are 100% fictional, but two years on it wears you down and you just want your life back. The insurance company, who I no longer have any policy's with can handle it, last I heard they were putting yet another claim though for someone else in the car. To be honest I no longer care, if i did think about it I would be round there with a baseball bat by now displaying my opinion. Sadly its society thats broken and I, despite trying cannot fix it.
Then a couple of years ago a woman in an old corsa cut me up on the motorway, I tried to miss her mostly successfully, but resulting in some scuffing. Pulled over on the hard shoulder and she went mental at me, but then she did look like she had spent all morning with her hair in the grease in the bottom of the deep fat fryer before putting her unbranded sportswear on.
After she berated me for 20mins we swopped details, I went home called my insurance, reported the incident but said I wont be claiming its not serious and as far as I can tell all the contact to her car was on the plastic running strip and there is no damage.
Well big claim later for all sorts, including whiplash, and a year of fighting it later I had only managed to achieve (despite lots of pictures of the road and the damage) getting the claim changed from 50/50 to my fault. Turns out her husband was a no win no fee legal bloke so what you going to do.
I am not happy about it at all, I know there claims are 100% fictional, but two years on it wears you down and you just want your life back. The insurance company, who I no longer have any policy's with can handle it, last I heard they were putting yet another claim though for someone else in the car. To be honest I no longer care, if i did think about it I would be round there with a baseball bat by now displaying my opinion. Sadly its society thats broken and I, despite trying cannot fix it.
24 December 2007, 01:49 PM
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Hi Bob, sorry to hear about your situation, just a thought, have you got legal expenses cover, i claimed on mine, when someone damaged one of my motorcycles, and i was put in touch with a company called "Helphire" who provided me with a hire motorcycle (delivered to my place of work within 12 hours of contacting them) and they sorted the whole claim out for me, did'nt cost me a penny, they work on a sort of no win no fee basis i think, good luck with everything.
Shaun.
HelpHire Group PLC
Shaun.
HelpHire Group PLC
24 December 2007, 02:47 PM
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Thats a problem I have - from the damage, you could make it is was my fault in my case. And I have a feeling that they have 'produced' a witness.
Keep calm, make a note of everything. I'm fighting for all I can - the bloke is clearly trying it on. I think its human nature to an extent to try and get out of it - but as I get older I realise that sometimes you just have to take responsibility for things you've done. Sadly that isn't always the case with some people.
Keep calm, make a note of everything. I'm fighting for all I can - the bloke is clearly trying it on. I think its human nature to an extent to try and get out of it - but as I get older I realise that sometimes you just have to take responsibility for things you've done. Sadly that isn't always the case with some people.
24 December 2007, 03:05 PM
#23
But seriously - you have to seriously question some peoples integrity & honesty - if these 'individuals' want to pull things like this, they may as well come and steal your TV; its the same thing in my eyes.
24 December 2007, 03:18 PM
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[QUOTE=**************;7506536]Got hit by another car Friday night. Dual carriageway with 40mph limit over a roundabout and I was in the right handlane going straight on and the car in the left hand lane was going straight on, until at the last second she went to exit the roundabout panicked and decided to pull hard right into the side of me to attempt to go back round the roundabout.]quote
Oh my god the exact same thing happened to me on Thursday night, a guy in a transit decided to take a right in the left hand lane as i was exiting, hit my left wing and sent me spinning off into the roundabout, he automatically said it was my fault but then was hesitant to leave his details, so called the police and they went and did a breath test on him, still not heard the outcome, insurance have said its his fault and so on but he is saying otherwise so im not sure where you stand with it at all....
All i do know is the car looks like its been dumped...not happy at all.... merry christmas
Oh my god the exact same thing happened to me on Thursday night, a guy in a transit decided to take a right in the left hand lane as i was exiting, hit my left wing and sent me spinning off into the roundabout, he automatically said it was my fault but then was hesitant to leave his details, so called the police and they went and did a breath test on him, still not heard the outcome, insurance have said its his fault and so on but he is saying otherwise so im not sure where you stand with it at all....
All i do know is the car looks like its been dumped...not happy at all.... merry christmas
24 December 2007, 03:34 PM
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Surely, these days, everyone takes NCB protection?
With More Than insurers and one or two others, you can get guaranteed for life NCB which is what I have.
24 December 2007, 04:42 PM
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I had a very similar thing happen to me several years ago, i.e. car on inside lane of rounderbout cut across me to turn right. I instructed my insurance company not to accept 50/50 on the basis than in either the highway code or the IAM it is not acceptableto use inside lane on a rounderbout to turn right across the path of other traffic.I told them I was prepared to go to court to argue the case.After a couple of months the date for the hearing was set and 3 days before the hearing my insurance company received a cheque for the full amount of damage £3650.00 to my car.
If you are in the right then fight it!!!!!
If you are in the right then fight it!!!!!
24 December 2007, 05:13 PM
#27
you mentioned the dad had offered £400 as settlement - i'd take this in cash and then continue through the insurance (make sure you don't sign anything - or at least not with your proper name) - if it goes 50/50 at least you'll get something back and they'll be even more out of pocket 
24 December 2007, 05:23 PM
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Unfortunately I agree. She will say you hit her, and the damage will not disprove that, unless you have a really good photo that can show it clearly. The insurance companies will want the 50/50 as i expect she is tpft being a young driver, it will effectively cost them nothing.
See if you can ftind out what the TP allegations are and whether they co-incide with the points of impact on the vehicles.
24 December 2007, 05:38 PM
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Thanks for all the replies. I like the highway code comment, will look into this point further. For now its just a case of waiting for the paperwork to fill out. Been out with the screwdrivers prizing the bonnet and side panel apart so they don't overlap and taping up the headlight, looks like I may be able to drive it tomorrow now
Taking the dad's £400 now is too late, that was the black mail he tried on with me, take the £400 now and keep quiet or if you don't then see how far you get with the insurance company.
I will also instruct my insurance company not to accept 50/50 and I will fight it all the way with legal cover. Not sure how the legal cover works though with 3PFT though, will go and have a read of the documentation.
Taking the dad's £400 now is too late, that was the black mail he tried on with me, take the £400 now and keep quiet or if you don't then see how far you get with the insurance company.
I will also instruct my insurance company not to accept 50/50 and I will fight it all the way with legal cover. Not sure how the legal cover works though with 3PFT though, will go and have a read of the documentation.
24 December 2007, 05:59 PM
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You really need a witness or two fella as it's your word vs hers otherwise Best of luck though.
If I ever see an accident happening I'll always stop to hand out my business card. It's amazing how less likeley people are to make up stuff if there is a witness ...
TX.
Best of luck though.If I ever see an accident happening I'll always stop to hand out my business card. It's amazing how less likeley people are to make up stuff if there is a witness ...
TX.