View Full Version : Somebody hit me whilst in my girlfriends car!
Dilema time for me...
Whilst driving my girlfriend car today (59plate Mini Cooper D her pride and joy:shaking:) some prat in a old 4x4 decided to tried to undertake me on the left hand side which resulted in them driving into the back passenger side arch.
He refused to stop or give his insurance detail and tried to drive off so I leant in grabbed his car keys and called the police. They turned up and breathelised him etc and made sure he gave his insurance detail. The bloke was an ******** as was his passenger (irrelevant I know).
Now my major dilema now is how to progress this. I have called mini and a new platic arch extension is £53.07, the spraying will be a further £50, so £103.07. They have warned as the arch extension is plastic and the main arch is metal so there is a slight risk the colour match may not be perfect.
I have several option here...
a) Go through the insurance, my girlfriend (I) may have to pay £350 excess until they claim it back off his insurance, but if they play up (he has a witness that can bull**** for him even though he went into the rear of me) it may risk going 50/50, so £350 for a £103.07 repair worse case. BUT we would be able to keep getting it done until the colour match was 100%. Goes down as a non fault claim though and may make insurance more expensive.
b) Try and ring or visit this guy (his address is for a business so I may be able to get his number or it may be his business) to see if he will be reasonable and pay up as his insurance excess will probably be more than the cost of the repair too. He was an **** though so may just say bugger off. There is also the risk the finish may not be perfect first time then we would be stuffed.
c) I pay for the damage. No insurance involved, no excess worries. However, a risk the colour is not perfect and he gets off free.
Really dont know what to do. :(:shaking::(
Milky Bar Kid
19-03-10, 04:34 PM
Hmmm, I personally would just pay for the damage myself and take it on the chin. Just my own personal opinion.
Hmmm, I personally would just pay for the damage myself and take it on the chin. Just my own personal opinion.
If you had hit me, you would just pay... or if you had been hit, you would just pay to fix it yourself?
Did the Police give you any advice ??
I know its annoying, but don't think about the other driver .... what suits you ??
Even if you go through the insurance, I wouldn't bank on 100% colour match .... maybe call him, tell him its £200 or insurance route !!!
Under-taking ?? Where were your biking skills ?? No lifesaver ?? :D
Dave20046
19-03-10, 04:40 PM
IMO If you're going to cop for money you may aswell fight for it (bearing in mind the difference isn't phenominal), he hit the rear of your car you've just got to second guess what him and his witness will say I can't think of much which'll make it even 50/50 let alone your fault.
Dave20046
19-03-10, 04:41 PM
Under-taking ?? Where were your biking skills ?? No lifesaver ?? :D
The way I read it they went to undertake, lost control and hit G. Unless you changed lanes into their path G?
The way I read it they went to undertake, lost control and hit G. Unless you changed lanes into their path G?
It needs clarifying !!
Milky Bar Kid
19-03-10, 04:44 PM
If you had hit me, you would just pay... or if you had been hit, you would just pay to fix it yourself?
If I had been hit in those circumstances and the other driver was an idiot and behaving in that manner then I probably (and have done in the past £600 worth of damage because an old t.wat pulled out of a junction infront of me) just pay for it myself.
It needs clarifying !!
The link below shows the junction it happened on.
I was in the right lane heading north east along the A38. He was in the left lane.
I was infront of the 4x4 making progress in the right hand lane. As the lane closes from two lanes down to one I obviously have to merge in turn. There was a large gap to move over into however he sped up deliberately to close the gap which resulted in him going into the back of me.
http://maps.google.co.uk/maps?f=q&source=s_q&hl=en&geocode=&q=mansfield&sll=53.800651,-4.064941&sspn=12.896204,20.083008&ie=UTF8&hq=&hnear=Mansfield,+Nottinghamshire,+United+Kingdom&ll=53.121777,-1.249164&spn=0.000798,0.002248&t=k&z=19
Specialone
19-03-10, 04:58 PM
Just out of principle G, fight it, i know its easy to say for me sitting behind a monitor, but i couldnt live with myself knowing that c**t had got one over on me.
I cant see how your insurance company can not award in your favour, when they have the guys details and its rear end collision.
Also, why the fu*k cant an accident repair place match the colour properly, the chips away people take a pic of the nearest area and mix the paint to match on your drive so i cant see that being a big problem.
Phil
Dave20046
19-03-10, 05:08 PM
The link below shows the junction it happened on.
I was in the right lane heading north east along the A38. He was in the left lane.
I was infront of the 4x4 making progress in the right hand lane. As the lane closes from two lanes down to one I obviously have to merge in turn. There was a large gap to move over into however he sped up deliberately to close the gap which resulted in him going into the back of me.
http://maps.google.co.uk/maps?f=q&source=s_q&hl=en&geocode=&q=mansfield&sll=53.800651,-4.064941&sspn=12.896204,20.083008&ie=UTF8&hq=&hnear=Mansfield,+Nottinghamshire,+United+Kingdom&ll=53.121777,-1.249164&spn=0.000798,0.002248&t=k&z=19
mmm dodgy, I guess they might say if you'd seen him you would have sped up - then again he should have slowed down.
Worth checking out the highway code on lanes merging, it might get pinned on you for not keeping left.
fizzwheel
19-03-10, 05:09 PM
I have called mini and a new platic arch extension is £53.07, the spraying will be a further £50, so £103.07. They have warned as the arch extension is plastic and the main arch is metal so there is a slight risk the colour match may not be perfect.
Personally I'd take the car into the garage and get them to have a proper look at it, the plastic arch extension might be hiding further damage and you may end up with a bigger bill than you realise.
Get a proper quote and if its less than your insurance excess go round his hosue and present him with the paperwork and ask him what he proposes to do about it.
If the bill is bigger than your insurance excess then simply put it through the insurance.
I would have thought that with a 59 plate car a decent bodyshop is going to stand a good chance of getting a decent colour match TBH. I always understood it that if the car was a little older and the paint had been exposed to the weather for any decent length of time thats when the colour match issues come into play.
thedonal
19-03-10, 05:10 PM
Why pay for the damage yourself? I certainly wouldn't.
If it was clear that it was his fault (seems so from your description), let his insurance pay for it.
Is your neck OK? ;)
Why did you pull into the side of that poor 4X4 without making sure you had passed in front of him first?
[/devils advocate mode]
looks like a 50/50 settlement. If it can be repaired for ~ £100 w/out an insurance claim jump at the chance - by all means get an estimate and take it round to him to see if he will pay.
a) Go through the insurance, my girlfriend (I) may have to pay £350 excess until they claim it back off his insurance, but if they play up (he has a witness that can bull**** for him even though he went into the rear of me) it may risk going 50/50, so £350 for a £103.07 repair worse case.
Doesn't make sense. If it costs more than the excess, the insurance company covers the rest. If it's less, your insurance company doesn't pay at all. So you'd only be paying the £103. You don't pay your whole excess if the repair costs less.
But if you successfully claim off him, then you'd pay nothing.
Why did you pull into the side of that poor 4X4 without making sure you had passed in front of him first?
[/devils advocate mode]
looks like a 50/50 settlement. If it can be repaired for ~ £100 w/out an insurance claim jump at the chance - by all means get an estimate and take it round to him to see if he will pay.
That there is my exact worry. I was way clear of him with plenty of space but being a road warrior he sped up to close the gap deliberately.
I have looked at it again and it could probably be smart repaired quite easily the damage is essentially a 5mm wide scratch about 4" long on the very edge.
Erm..... it's your g/f's car. What does she say?
Did the Police attending make any comment as to who was at fault?
Oh and his ins. excess is n/a for your claim - he would not have to pay any excess, just suffer loss of NCB/higher premiums
Erm..... it's your g/f's car. What does she say?
He hasn't told her :smt037
-Ralph-
19-03-10, 05:43 PM
Erm..... it's your g/f's car. What does she say?
Probably nothing until at least Sunday, no sex this weekend either ;)
He hasn't told her :smt037
Oooh...... I can see it now...... :smt094
And none of this........ :makelurve:
He hasn't told her :smt037
Ha she know, she was in london with her mum for her mum 50th so I really ruined the day.
These are the options we have discussed together.
The smart repair is looking like the best approach to avoid all hassle although I am loathed to let the prat get away with it :(
Pics of the damage...
I am no expert but I am pretty sure that it's so minor a Smartrepair type place will be able to sort it perfect.
http://photos-d.ak.fbcdn.net/hphotos-ak-snc3/hs511.snc3/26842_374963009836_502519836_3389277_2795464_n.jpg
http://photos-d.ak.fbcdn.net/hphotos-ak-snc3/hs511.snc3/26842_374963624836_502519836_3389282_3402573_n.jpg
I just rang BMW where we bought it from as they're own body shop and smartrepair centre, so need to drop it in for them to have a look.
barwel1992
19-03-10, 05:58 PM
for that i wouldent even bother
touch up stick and 1500 grit sand paper
Shellywoozle
19-03-10, 06:01 PM
I would go through the insurance if it was all his fault. Why have a 59 plate car devalued because some ar$e was such that. You could have it done on the cheap but that would let him off with it.
EDIT - just seen pic ..... mmm get it done at local body shop and tell him the bill is his :)
I would go through the insurance if it was all his fault. Why have a 59 plate car devalued because some ar$e was such that. You could have it done on the cheap but that would let him off with it.
EDIT - just seen pic ..... mmm get it done at local body shop and tell him the bill is his :)
Thats my main bug bear... I really dont want him to get away with it. But I dont want my girlfriend to have the increase in premium which is inevitable even though its a non fault claim.
It was a PCSO and a lady PC that attended, she was of the opinion that it was entirely his fault but the insurance dont contact her for her opinion. So there is always that doubt in the back of your mind that it will go 50/50 because of the scenario and his word against mine.
SuzukiNess
19-03-10, 06:07 PM
It was a PCSO and a lady PC that attended, she was of the opinion that it was entirely his fault but the insurance dont contact her for her opinion. So there is always that doubt in the back of your mind that it will go 50/50 because of the scenario and his word against mine.
wrong.... if in doubt the insurance company will request the police report. (she did do one?? )
wrong.... if in doubt the insurance company will request the police report. (she did do one?? )
She did take everyone details and versions of events into her notepad. There was no other paper work present in that respect, possibly something she does back at the station from her notes?
Shellywoozle
19-03-10, 06:12 PM
wrong.... if in doubt the insurance company will request the police report. (she did do one?? )
Police reports or traffic process reports are not needed if it is not a reportable RTC. Which by the sounds of it this was not.
Reportable = injury, damage to road traffic furniture or failure to pass insurance details (which was done as you forced his hand). So it may not have been done in this case. I would contact the PC and see if she had anything in her PNB, if not ask for the job incident number to see if she updated that to the effect you were not at fault.
If it was simply damage to vehicles or injury to the driver of the vehicles then its not reportable = no report.
I would look at the bigger picture .... your no claims discount etc, the hassle, is it worth it just so he pays? What goes around comes around !!
thedonal
19-03-10, 06:27 PM
Thats my main bug bear... I really dont want him to get away with it. But I dont want my girlfriend to have the increase in premium which is inevitable even though its a non fault claim.
It was a PCSO and a lady PC that attended, she was of the opinion that it was entirely his fault but the insurance dont contact her for her opinion. So there is always that doubt in the back of your mind that it will go 50/50 because of the scenario and his word against mine.
Will the premium go up because of a non-fault claim? In this case, the other insurance co should pay all and it won't affect no-claims.
Also- damage at the rear of the car. I'm sure the other party would have to do more explaining to try and get out of accepting liability than you would.
Local BMW will likely quote you a considerable fee for even the damage shown. Probably at least £800.
Local BMW will likely quote you a considerable fee for even the damage shown. Probably at least £800.
I have had a qoute off them for a whole new arch extension £53.07... with £50 to spray the item.
I would have thought the smart repair will be cheaper given the size of it, on one BMW website it qoutes between £49 and £100 for the smart repair.
Will the premium go up because of a non-fault claim? In this case, the other insurance co should pay all and it won't affect no-claims.
That is my concern, I am really not sure, you would think the answer will be no... but then you never know with insurance companies. There is also always the risk of it going 50/50 sitting in the back of my mind.
I would go through the insurance if it was all his fault. Why have a 59 plate car devalued because some ar$e was such that. You could have it done on the cheap but that would let him off with it.
Because even non fault claims put up your insurance premiums and you can't be certain insurance will see it as 100% non fault.
Auto express magazine did a story calling 6 insurance companies for quotes with & without non fault claims
Milky Bar Kid
19-03-10, 06:41 PM
Police reports or traffic process reports are not needed if it is not a reportable RTC. Which by the sounds of it this was not.
Reportable = injury, damage to road traffic furniture or failure to pass insurance details (which was done as you forced his hand). So it may not have been done in this case. I would contact the PC and see if she had anything in her PNB, if not ask for the job incident number to see if she updated that to the effect you were not at fault.
If it was simply damage to vehicles or injury to the driver of the vehicles then its not reportable = no report.
I would look at the bigger picture .... your no claims discount etc, the hassle, is it worth it just so he pays? What goes around comes around !!
Shell it's very definately a reportable RTC...
Report = injury, damage to roadside furniture, failure to pass details OR DAMAGE TO ANY OTHER PROPERTY.
If someone runs into someone elses car and causes damage to the other persons car then it IS a reportable.
If someone runs into someone elses car and it is only THEIR car (as in the one who crashed) that is damaged, then it is non reportable.
Shell it's very definately a reportable RTC...
Report = injury, damage to roadside furniture, failure to pass details OR DAMAGE TO ANY OTHER PROPERTY.
If someone runs into someone elses car and causes damage to the other persons car then it IS a reportable.
If someone runs into someone elses car and it is only THEIR car (as in the one who crashed) that is damaged, then it is non reportable.
Sounds like a difference in Country's laws MBK. So long as insurance details passed then it doesn't matter that you've totalled someone else's car. (AFAIK :-dd)
Milky Bar Kid
19-03-10, 06:57 PM
Like I have said many times...RTA is same in England and Scotland.
And yes, and RTC where you total someone elses car is non reportable by us provided you exchange insurance details...which this dude didn't do. Which makes it reprotable.
.which this dude didn't do. Which makes it reprotable.
He did :p
Milky Bar Kid
19-03-10, 07:01 PM
Dilema time for me...
Whilst driving my girlfriend car today (59plate Mini Cooper D her pride and joy:shaking:) some prat in a old 4x4 decided to tried to undertake me on the left hand side which resulted in them driving into the back passenger side arch.
He refused to stop or give his insurance detail and tried to drive off so I leant in grabbed his car keys and called the police. They turned up and breathelised him etc and made sure he gave his insurance detail. The bloke was an ******** as was his passenger (irrelevant I know).
Now my major dilema now is how to progress this. I have called mini and a new platic arch extension is £53.07, the spraying will be a further £50, so £103.07. They have warned as the arch extension is plastic and the main arch is metal so there is a slight risk the colour match may not be perfect.
I have several option here...
a) Go through the insurance, my girlfriend (I) may have to pay £350 excess until they claim it back off his insurance, but if they play up (he has a witness that can bull**** for him even though he went into the rear of me) it may risk going 50/50, so £350 for a £103.07 repair worse case. BUT we would be able to keep getting it done until the colour match was 100%. Goes down as a non fault claim though and may make insurance more expensive.
b) Try and ring or visit this guy (his address is for a business so I may be able to get his number or it may be his business) to see if he will be reasonable and pay up as his insurance excess will probably be more than the cost of the repair too. He was an **** though so may just say bugger off. There is also the risk the finish may not be perfect first time then we would be stuffed.
c) I pay for the damage. No insurance involved, no excess worries. However, a risk the colour is not perfect and he gets off free.
Really dont know what to do. :(:shaking::(
See the red.....he didn't until Police arrived...which therefore makes it reportable.
I'm sure the Police down here would take the easy way out & seeing as they made him give ins. details and it would become non reprotable(sic) eh Shell? ;)
But if it helps G, all to the good.
Shellywoozle
19-03-10, 07:07 PM
We would deal with that as non reportable. he eventually gave details and he didnt leave the scene so he committed no offence, apart from being a kn0b jockey. But G saw her scribblin in her PNB so not all is lost.
Milky Bar Kid
19-03-10, 07:08 PM
We used to try that but we got our bums kicked for it and now any RTC that we attend which is reportable we must fill out the STATS.
Pay for it yourself and in the dead of night Nitromors the ba5tard's 4x4 and auto centrepunch* the toughened glass side and rear windows as well, just to make sure he foots a bill of some kind as well.
*Auto centrepunches will shatter a toughened glass window almost silently
Shellywoozle
19-03-10, 07:14 PM
I'm sure the Police down here would take the easy way out & seeing as they made him give ins. details and it would become non reprotable(sic) eh Shell? ;)
But if it helps G, all to the good.
surely anyone would want those details though. police deal with offences not getting ya car mended. if i attend non reportables i make sure my pnb is detailed enough just dont fill in 10 pg report which aint needed.
Biker Biggles
21-03-10, 04:30 PM
Be careful trying the fix it and pay for it but dont tell insurance thing.Theres nothing to say Mr ar5e wont make a claim against you and your insurance co will take a very dim view of you not reporting it.
instigator
21-03-10, 08:05 PM
Pay for it yourself and in the dead of night Nitromors the ba5tard's 4x4 and auto centrepunch* the toughened glass side and rear windows as well, just to make sure he foots a bill of some kind as well.
*Auto centrepunches will shatter a toughened glass window almost silently
Listen to this man. :)
Personally, if you pay for it yourself...I'd think you're rather pathetic.
You seem to be getting overly stressed over nothing. £135 isnt much really, I know its an inconvenience but **** happens. A non colour match wont be seen by a buyer than isnt looking so dont worry about the future etc (what they dont know, cant hurt them).
But on the other hand, you could confront the guy. You have nothing to lose. If he hits you, then make sure you didnt go on your own! Or perhaps take some sort of recorder to record what he says. He may admit it was his fault. Then you have proof.
Good luck!
petevtwin650
24-03-10, 10:15 PM
Personally, if you pay for it yourself...I'd think you're rather pathetic.
Bit harsh. It's the easiest and most stress free option, providing G can accept the dozy twit is going to get away with it. :mad:
gruntygiggles
24-03-10, 11:42 PM
Out of interest...what kind of 4x4 was it? You could have got out of my way in a tractor if I'd been driving the land rover...lol
On a serious note, I would just pay for it. I wouldn't risk insurance as I reckon you might be looking at full fault despite what actually happened. The only reason I say that is because as you were in the right hand lane, needing to merge left, it was your responsibility to make sure you had space to merge into. The person in the left hand lane should allow you in...but they don't actually HAVE to. The other driver could just say, I was speeding up to give him space behind me. It doesn't mean he's right as we all know....but it does mean that you could end up paying for any damage to his vehicle and I wouldn't bother taking that risk.
Also...you could just follow Lozzos advice and go sort him out in other ways ;-)
gruntygiggles
24-03-10, 11:46 PM
Disclaimer.....I am going from sketchy memory of reading through the highway code last week ahead of my bike theory and think I remember it saying it was the responsibility of the driver in the merging lane to make sure the way is clear.
This doesn't mean I don't think it was the 4x4 drivers fault...just playing devils advocate as I'd hate to see you shafted because of he knows how to get out of blame.
Even if you pay it report it to insurer´s and see what their claims team say, as has been said if you dont report it to them and he decides to then you could be the one shafted.
Out of interest...what kind of 4x4 was it? You could have got out of my way in a tractor if I'd been driving the land rover...lol
On a serious note, I would just pay for it. I wouldn't risk insurance as I reckon you might be looking at full fault despite what actually happened. The only reason I say that is because as you were in the right hand lane, needing to merge left, it was your responsibility to make sure you had space to merge into. The person in the left hand lane should allow you in...but they don't actually HAVE to. The other driver could just say, I was speeding up to give him space behind me. It doesn't mean he's right as we all know....but it does mean that you could end up paying for any damage to his vehicle and I wouldn't bother taking that risk.
Also...you could just follow Lozzos advice and go sort him out in other ways ;-)
I agree with that up to the point 'he sped up to undertake you' ;) as long as he doesn't say that, you could be on a sticky wicket
Fully aware that because of the above reason its just not worth the hassle. Yes it was clear before I merged, however he sped up. No 'indpendent witness' to confirm this so it could easily go either way.
Therefore, I am just paying for it and the final qoute came in at £200 (ouch :(, even more so when insurance, tax, service and tyres will all be required at the end of april on my bike lol, can see it being off the road for some time after NW6)
For that it goes back to the MINI dealer, gauranteed 100% colour match and will keep being done until we are happy and she gets a like for like value courtsey which should be interesting as its not a cheap MINI.
It may not be the approach that some would have taken.
The insurance company have been notified that there was an incident, but that we wont be claiming.
For that reason they led us to believe that because we have not actually made a claim, we dont need to mention it next year when they ask any claims or convictions, therefore insurance shouldn't go up.
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