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Car accident and legal stuff
Former Member
Posts: 1,876,323 The Mix Honorary Guru
I've just got a couple of questions about a car accident I was in in December.
I was hit from behind at a roundabout junction. I was about to go and a car approached me from the right, so I decided not to go. Unfortunately, the articulated lorry from behind me thought I was gonna go, and rammed right into the back of me. The back of the car was all done in, so I took two videos of the scene, each of my car and the lorry that hit me. I also got the business card from the guy, and he wrote the registration number on the back of it. I got his first name, but had to call the company to get his second name.
The thing is I had to get the solicitors in cause he's denying he was anywhere near the scene of the accident, despite all the information I have on him. I didn't get a video of the driver, of my car and his number plate, I didn't call the police and I have no witnesses. So, what can I expect here? Is there any possibility of me winning here? I've lost my no-claims, have a £250 excess which was waived, and a personal injuries claim in as well. My solicitors are dealing with everything, but they're not particularly forthcoming about what to expect, whether I'll win, or what the outcome will be. Does this guy have a chance to get away with this or what? Any input greatfully received.
I was hit from behind at a roundabout junction. I was about to go and a car approached me from the right, so I decided not to go. Unfortunately, the articulated lorry from behind me thought I was gonna go, and rammed right into the back of me. The back of the car was all done in, so I took two videos of the scene, each of my car and the lorry that hit me. I also got the business card from the guy, and he wrote the registration number on the back of it. I got his first name, but had to call the company to get his second name.
The thing is I had to get the solicitors in cause he's denying he was anywhere near the scene of the accident, despite all the information I have on him. I didn't get a video of the driver, of my car and his number plate, I didn't call the police and I have no witnesses. So, what can I expect here? Is there any possibility of me winning here? I've lost my no-claims, have a £250 excess which was waived, and a personal injuries claim in as well. My solicitors are dealing with everything, but they're not particularly forthcoming about what to expect, whether I'll win, or what the outcome will be. Does this guy have a chance to get away with this or what? Any input greatfully received.
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Comments
Depends what you consider winning...
What insurance cover did you have?
Considering it was his fault, yet you have already lost your no claims, it sounds like you've already lost and it's all done and dusted.
It would also imply that you were fully comp, since 3rd party wouldn't of sorted out your damaged car either, so if thats the case then you have nothing to lose by pressing for injuries regardless of what the other driver says or what you expect to happen with him, it sounds like its all going to / has come off your insurance anyway.
If they decide he wasn't at fault your insurance company (assuming you're fully comp) will pay out for your injuries (assuming you had any) It shouldn't make any difference to you if you lost a leg, or just had a scratch and claimed, either way you've lost your no claims bonus which is all that could happen.
If they decide he was at fault his insurance company will pay out for your injuries, but if that was the case you wouldn't/shouldn't of lost your no claims
I got my insurance company to waive the excess by explaining to them I was hit from behind.
As far as I was concerned, this was an open-and-shut case. I was hit from behind, the video shows his truck behind my car with his number plate clearly visible. I have his business card. I know his name.
The thing that bothers me the most is losing my NCB. I've built up nearly 3 years of NBC, and to have it all wiped out when the accident wasn't my fault makes me a little bitter....
All that matters in regards to losing/keeping your no claims bonus is at the end of the day "does your insurance company recoup their money back"
If somebody walks up to my car and puts a brick though it, i lose my no claims, because my insurance company wont get their money back, even though it wasn't my fault (unless i have protected NCB)
I think considering the things you have, they should be able to investigate it to a point where somebody else has to take responsibility.
Even if you cannot prove the driver (because im assuming he is denying it, and the lorry is registered to a company rather than a person?) then i would of thought that the company in question would then be asked to prove who was driving it at the time, and if unable/unwilling to do so, they (or their MD) would be responsible for it.
I know if a delivery driver gets caught speeding and denies it, the company are asked who was driving it, if they are unable to say then the MD gets the fine.
I'd find out if you have lost your NCB first though, you shouldn't have lost it if the case is still on going.
And who's responsible for paying? The driver of the vehicle or his company?
well as long as you're not overly abusive i don't see why it would make any difference
and id guess the company, not sure on that tho
I lost no claims temporarily and had to pay my £500 excess. But i won in court, got a full refund for everything and my no claims back.
Neither it would be their insurance company, just as if you had bump somebodies car, unless the damage was minor and you could come to an agreement you were both happy with, it would go to the insurance companies and your insurance company (in your case being fully comp) would pay for all damage to both parties.
Personally, i wouldn't get involved, just leave it with your insurance company and the solicitor they have set up on your behalf.
When somebody pulled out in to my car, he claimed i had done it to him, despite all the damage making it impossible to happen how he suggested, i felt like going around and smashing his windows or something, but just left it a couple of weeks and every was sorted out perfectly.
Just let your insurance company deal with all the hassle, thats what they are paid for buddy, just keep pestering them in a polite manner of course!
They should of gone to the other driver to get his story of events, (which it sounds like they have done and he has denied it) after which they should of gone to his company / his companies insurance company and thrashed out a deal with them.
The claim would most likely be with the company and therefore I would leave the insurance legal team to follow it up with them to come to a settlement. Perhaps it would be worth ringing up your insurance and pointing out you feel they should be calling the company etc...
As for your NCB - what they tend to do is keep it in 'limbo' - i.e. you have lost it until they prove the other party guilty and then they re-instate it. This will only happen when they come to a successful settlement though.
Despite the fact that I have witnesses and cctv footage, he disputing it. Unfortunately these things can go on for a long time.