rearended and being screwed by the 3rd party.

[Guest]

Hi Chaps - first post here, so be gentle with me []

Wondered if I could get some different perspectives on a problem I've just gotten. Any thoughts would be MUCH appreciated.

Recently got rear-ended in a backstreets near to where I live - some little chav scum in a nova crossed a crossroads behind me while not looking forward and bimbled into my back bumper (saw the idiot all the way in in my rearview "NOOOOOOOOOOOOOO!" *crunch*). I was stationary at the time (was waiting for a car to clear the way..)

Anyway - long and short of it is - got his details, no witnesses unfortunately, and lodged a claim with my insurers. A month later - he's now claiming that I reversed into him (?!?!?) and that it's all my fault. Have just filled in and sent back a detailed accident report and a stern "it's all his fault - sue his ass off using my legal cover" letter to my insurers (tescos - pretty good till now).

Damage to my car was a cracked rear bumper - had it all checked out by my normal mechanic who says that that's the extent of it (new bumper + paint) - so have three questions:

Anyone got any idea how much it'd cost for me to get the little s**ts legs broken?

Any thoughts on "approach" I should be taking with the insurance company and likely outcome?

Any idea where I could get a 1997 rear bumper on the cheap (just in case I end up paying for it myself for some reason)?

Thanks in advance for any help you can offer - much appreciated!

Cheers!

Andy

 

[Delbox]

Andy,

Speak to Brian at www.jasmine-motorsport.co.uk ; often he has used front and rear valances from cars that have been facelifted. As for the legal issues, I think that you may have an uphill struggle; no witnesses means that it is likely to be your word against his!

del

 

[philippe]

Just reading your post and thinking why is the Chav scum that hit you not some lovely in her Porsche.

On a more serious note i would not get the work done until it is sorted, i think that an inspection on both cars should be able tell if this is a rear impact or a reverse impact, that would then set the record straight. Did you report it to the police just so they had a log and a record if so this would also help your situation.

Apart from that fight it and i am sure you will get somewhere.

Regarding someone to break the Chavs legs i do no a couple of people including me who would love to.

Good Luck

Phil

 

[38F3E1]

I had a similar problem. It seems that if there are no witnesses the insurance company will want to take the easiest approach. What you need to do is stick to your guns and answer each letter from the insurance company promptly.

My company kept writing to me saying "we are prepared to continue pursuing this but in light of the fact that the other party is contesting your claim and there are no witnesses we suggest settling 50/50. If we do not hear from you within 14 days then this is the course of action we will take.". I kept writing back within the 14 days saying "continue to pursue the claim all the way to court" because I knew the other party was lying.

They tried to wriggle out in this way four or five times as we got closer to it actually going to court. Telling me I would have to go to court and all the hassle etc etc. Eventually the other party caved in and admitted liability because they did not want to lie in court.

It's a hassle but stick with it.

Ian.

 

[Guest]

Del / Phil - thanks for the replies - much appreciate it.

Regarding it not being a "lovely lady in a porshe" - you should've seen his "girlfriend" who spent the whole time accosting him (complete monster) - bloody funny tho - he's got a p-o'd 17st bald headed bloke FURIOUS in his face and a girlfriend with more hair and weight than me harranging him too - chav didnt know where to put himself []

Am gonna hold-fire on the repairs - am just scoping it out to soften the blow later (dont fancy paying out £600 + )

Didnt report it to the cops as there was no injuries - maybe I should've - TBH I was too angry to think straight and ended up letting the car who was blocking the way going forward go past and disappear - should've stopped and got his details []

Nevermind - at least I know where he lives.....

Any more thoughts anyone? Del - I'll give jasmine a look now - thanks for that.

Cheers!

Andy

 

[Guest]

Ian - thanks - that's just what I can see happening here... tesco's even suggested that to make sure of things I reply recorded delivery etc.

Nice to know that someone's gone through the same thing with a positive result - *phew* - v.encouraging!

Will keep all this in mind!

Cheers

Andy

 

[THX911]

Hold your ground and tell your Insurance company you are happy to take it to court if necessary (hopefully you have legal cover); it may take some time but your insurance will tell you if you have a case or not. At some point they will ask for a 50/50 as there were no witnesses but stick to your 100% claim. My wife had an incident some years back, again with no witnesses, it took almost 2 year for them to admit fault and this was only when the court date was approaching fast.

Help the insurance and legal representative build up the case; I had to, as they are pretty useless otherwise i.e. take several photographs of the location, possibly with your car and detail photos of your car. Also it would help if the road was either fairly leveled or sloping downwards. Also make sure when it is repaired you keep a copy of the report as insurance repairs are usually lost within the insurance company's filing system and rarely passed on to the legal company. I had to get a copy from the bodyshop directly.

 

[Guest]

Non-expert view

1. Isn't there such a thing as legal "presumption" in these cases. IE it is far more likely in a rear shunt on the open road that the rear car is in the wrong

2. Isn't this exactly what you pay the legal cost insurance for? I have just renewed my insurance and thought twice about the £25 legal insurance, but on balance thought I would take it up in case some arse in a Corsa runs into me.

3. I really think you are on strong ground here - and it is good to keep ramping up the costs. - hiring a car - legals - cost of expert witness re the collision - counselling!!!

4. Lying under oath is quite a serious offence. Is Mr Corsa really going to go through with it and Lie in court. A good brief would make mincemeat of him and his passenger.

Best of Luck

Pat

 

[juliany27]

And now for something completely different; free legal advice.

Stick to your guns; the other driver would have to explain why you reversed; and this would eb very difficult to prove. Oddly enough, a District Judge in your County Court will understand and is very likely to find in your favour; you have to prove your case on a balance of probabilities - and it is very improbable that you would revers into the car behind you for no good reason.

The only reason insurance companies will settle 50-50 is so that they can dock all or part of your NCB - this is an old scam well known to insurance lawyers.

Just remind the insurance company that they must act in your best interests as your insurers, and if you have legal expenses cover, arrange for them to appoint solicitors and issue proceedings in the County Court - you paid for the legal expenses cover, and you can use it. You might be pleasantly surprised how swiftly the other partys' insurers capitulate.

Keep at it; don't let either the other party or your insurers get away with this tactic.

 

[Guest]

Chaps - thank you all - brill advice and the missus is much happier knowing that part of her shoe-buying budget might not be blown on beating up a chav midget in court []

Luckily I did decide not to scimp and pay for legal cover - so as the bumper is still attached and doesnt look too bad, I'm pressing the insurance company to not accept any form of liability at all and sue his @ss if that's what it takes.

Having said that - so far tesco's have been brill - even had one lass on the phone today being bemused as to how the other party could be making such scandalous accusations. [] As it stands I wouldnt hesitate in recommending em - cheapest by far of the quotes that I had and great service (so far - tho this could change).

I'll keep all the above in mind and try to see the tricks of the trade coming before they knobble me.

If you're all interested I'll keep you posted on the outcome and events as they occur (as I'm sure this is something that forum members will come across fairly frequently).

Again - thankyou all - this just proves why the chavs drive k reg novas.

Andy