View Full Version : friend has a car accident - advice needed please
Guy I work with son (Will just call him 'The son') had a car accident yesterday when another car hit him from behind as he approached a roundabout. The car who hit 'the son' is saying that 'the son' stopped and then reversed into him. 'The son' has two witnesses that work at the same establishment as he does (huge place and he doesnt know them). The insurance company say he can't use those witnesses as they work at the same company as him...is this right? Do you think we're talking 50/50 here or worse???
Jamiebridges123
07-05-09, 11:40 AM
A witness is a witness, surely... and how's the damage? Blatantly if your friends cars back end is all stoved it, the guy that hit him was travelling a fair lick anyway.
Fight it, that's BS..
That's rubbish. Of course they can be witnesses. And that excuse is as old as the hills. He reversed into me, honest he did. :roll:
That's rubbish. Of course they can be witnesses. And that excuse is as old as the hills. He reversed into me, honest he did. :roll:
exactly cos we all do that on roundabouts :rolleyes:
i would challenge that
Challenge it, sounds like the guys that hit him are one of these that will pull an insurance scam!
ArtyLady
07-05-09, 11:46 AM
Guy I work with son (Will just call him 'The son') had a car accident yesterday when another car hit him from behind as he approached a roundabout. The car who hit 'the son' is saying that 'the son' stopped and then reversed into him. 'The son' has two witnesses that work at the same establishment as he does (huge place and he doesnt know them). The insurance company say he can't use those witnesses as they work at the same company as him...is this right? Do you think we're talking 50/50 here or worse???
Oldest trick in the book that one! Get a good solicitor onto it.
missyburd
07-05-09, 11:47 AM
So what if they work in the same company, they may never have spoken to each other before! Absolute poppyc0ck, if they can give an account of the collision then they should be fully entitled to act as witnesses, definitely challenge them. Hope the fella's ok.
Right just checked with my complience manager ( i work for a ins co ;) ), and his insurers are talking rubbish, his work mates can be a witness, hes to ask them (the insurers) what regulations they are using to say that the work mates cant be witnessess. Plus normally when you are rear ennded its the driver that hit you from behinds fault.
Any q's pm me and i will try and help as much as poss :salut:
That is a lot of BS, course they can be witnesses, end of the day if they are lieing its fraud thus illegal and punishable
Cheers Paws, appreciate you finding that out. I may end up PM'ing you depending on how the next telephone conversation goes with the ins co.
He's fine, was driving a classic mini so looks worse than it is!!!
FlyinCustard
07-05-09, 11:59 AM
I work in an Accident Repair Centre and deal with this kinda thing daily.
Providing that "The Son" is over 21 tell him to forget about approaching his own insurance!! Forget about claiming straight through the tp insurance as they will say to him "Get three quotes send them in and we'll look at them"
Sod this as you are the innocent party so y should you have to run around putting yourself out.
Contact a credit repair company who specialise in this kind of thing, they have specialist motor claims solicitors who will do the hard bit on your behalf. They will also claim PI for his wiplash (trust me if i had a non-fault accident I WOULD!!! have wiplash :smt047) Also they will provide like for like hire car f.o.c (hence being over 21)
They will chance the claim on his behalf as they stand to make a mint if they get tp to admit liability.
Doing it this way is the best way if they can't establish liabilty they will say we ccan't help you and then you can decide whether u want to go through your ins and pay the xs.
If you went str8 through your insurance and they got to the stage where liability was estabilished but not in your favour they will want the xs off u as they will have to pay the solicitors who worked on your behalf.
Try:
Call 24-7 or DriveAssist
If this is unclear then tell me and i will try and explain. But this is definatley the way to go!!!:p
Also I may have got my he and you's mixed up but u get the picture.:p
Let me know if you need any more advise:)
I was in the same situation around 4 years ago when my car was rear-ended at a round about by a bloke. I was stationary and he hit me at around 30 mph writing my car off and giving me a nice dose of whiplash.
He also tried to claim that I had reversed into him when the insurance got involved at which point I mentioned that it was nigh on impossible for me to cause the amount of damage if I was travelling in reverse. His insurers backed down very quickly and I got a nice payout (which payed for my bike licence :smt038 ).
I had no witnesses and the damage to both vehicles was the major deciding factor.
How bad is the damage to both vehicles?
Where the accident was...... is it covered by any CCTV????
As i know where i work the business park gates are on an roundabout so we get approched for our CCTV when accidents happen on the roundabout.
Plus his witnesses should still be vaild, one of our insurance claims currently the witnesses is one of our employees who was in the car at the same time, and his boss was driving (same type of accident a woman drove into the back of him and is claiming its his fault)
Good luck to him
[quote=andyb;1897677]Cheers Paws, appreciate you finding that out. I may end up PM'ing you depending on how the next telephone conversation goes with the ins co.
[quote]
No probs mate, hope he gets it sorted! :cool:
vardypeeps
07-05-09, 12:34 PM
A witness is a witness and it's nearly always the car behinds fault in that situation.
If he was reversing for any reason did the other driver not think to react by reversing too or beeping his/her horn? Driving without due care etc.
timwilky
07-05-09, 12:40 PM
Just because you work with someone, are related to, married to, or know someone does not invalidate your ability to be a witness.
However, your impartiality may be questioned by a court.
Therefore the insurance company referred to in the original post is talking bull****.
gruntygiggles
07-05-09, 01:18 PM
Andy, the other guys insurance company are way out of line on this and I'd be very suprised to hear of an insurance company saying that. Could it have been that the other party said that? It's just utter BS as others have said. Your spouse can be a witness even if they are sat next to you in a car. To say that you cannot trust anyone to act as an honest witness is to question that persons character, something that an insurance company can get into trouble over.
Advise your mate and his son that they should not, under any circumstances accept anything other than full blame on the other driver. Any rear collision like you've described is the fault of the driver behind, NOT the driver in front. It's safe driving to leave enough of a gap, be aware and react appropriately when you see the vehicle in front brake.....even if it's an emergency stop. There is no excuse for ever going into the back of someone as you should be aware all the time of what they are doing and have left a safe gap to react to any situation.
Also, them saying that the son reversed into them.....apart from being something that no court in the land would accept as it's just so much more likely that they simply went into the back of him.......if they stick to that story, they may end up having to take fault anyway because it would still show a lack of awareness as they made no effort to reverse away from the sons vehicle. Anyway...that's by the by as it will simply not stand up.
Ask what the sons insurance have said. They should send a claim form, he fills it out, gives witness details or statements (depending on the company) and the insurers will then sort it through. If they come back to you with anything other than full blame on the other driver.......tell him DO NOT accept it! Get him to check if his insurance includes legal cover and if it does, great. If not......tell him to find a legal aid solicitor!
Keep us posted!
Biker Biggles
07-05-09, 03:55 PM
You will win this one mate.Punish them severly by a whiplash claim to remind them not to tyr it on again.
Dave20046
07-05-09, 04:45 PM
That's rubbish. Of course they can be witnesses. And that excuse is as old as the hills. He reversed into me, honest he did. :roll:
It does happen. Taxi drivers do it, they have to renew taxis every so many years by law IIRC that way they get a nice new taxi and a bit of PI moneys.
Dave20046
07-05-09, 04:45 PM
You will win this one mate.Punish them severly by a whiplash claim to remind them not to tyr it on again.
I wonder why my premiums are so high :scratch:
There was a guy that tried a fake whiplash claim against hastings direct (I think) so they took him to court and won and he had to pay everything.
ernestobritt
12-10-09, 09:42 AM
Oldest trick in the book that one! Get a good solicitor onto it.
Yes... This will give you the specialization from the solicitor who knows all the laws
staceylew01
12-10-09, 11:48 AM
As everyone else is saying, he will defo win this one. a coach went into the back of me when i was waiting at a roundabout and wrote my car off, luckily for me he admited it and went to the cops himself! but in that situation its the driver who hits from the rears fault 99% of the time, his insurance are saying you reversed so they dnt have to pay out, at the end of the day they are acting on his behalf so will try thier best as hes thier client!. i also claimed whiplash as i really did have it, but definatly claim as its like compo for the agro you have to go through! I suggest he gos to the docs though just to get some anti inflamitries, just so it goes on record that he suffered!
Well Oiled
12-10-09, 12:00 PM
If a whiplash claim was not made intitally I don't think it would be a good idea to put one in now. Not after several people (on a forum that can be viewed by anyone) have advised him to put in a false claim.
Owenski
12-10-09, 12:27 PM
if he doesnt have whiplash, dont claim not cos its fraud or frowned upon etc. Just because too many people claim unfairly for it this has 2 negative effects.
1. Premiums for everyone get increased.
2. Those that genuinly get it and need to claim are looked at through suspecting eyes.
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