Had an accident HELP

[Mikey23]

sorry all if this turns out to be very long and rambley........

my 172 is now sitting at the renault dealers totally screwed! I was goin over a large roundabout and straight over. It was quite busy. I got onto the roundabout ok, and my exit was approaching. i was in the correct lane etc. i take a quick glance over my shoulder to make sure no1 is comin up the outside, when a bus who is waiting on the exit before decides to pull out. i had to yank the steering wheel hard to the right to avoid hitting him - as a result the car started to skid, so i pulled the wheel left again to try and correct it (else i would have gone smack staight into the barrier as by this time i was just off of the roundabout). however the car pulled too much to the left. the backend missed the bus and the left hand side of my car smacked straight into the kerb, went up it and hit some of the railings (i think) oh and the passenger seat side airbag went off (odd!)

Damage? - well looks like the whole of the suspesion on the left has collapsed cos it now looks VERY low and was rubbisng while i was driving it the 20 meters to the renault garage)
alloy pretty battered
wing dented and scrapped nicely
Left side of the bumper cracked
part of the headlamp cracked (just a bit of plastic on the left)
foglight broken
There was fluid leaking aswell (it was clear ,so i think possibly windscreen washer for the headlamp?)
Passagner seat will need replacing as the side airbag went off - ££££ no doubt!

I just spoke to my insurance company and looks like i will be footing the bill. I have an excess of £300, and 2 years ncb....... apparently thou, because i didnt hit the bus, its goin to be me who has to either sort it all out (which looks like it will cost a LOT!) or pay my excess out and loose my ncb

I have the details of the bus driver, who said it was his fault and that he should not have pulled out.

Does anyyone have any suggestions as to what i should do? I dont think it will be cheap to repair even if i dont take it to renault, so looks like loosing my ncb?

Moral of the story is, if someone on a roundabout pulls out, dont try and avoid them, plough straight into them - that way you can claim on their insurance as it is their fault! It just seems like total madness cos at the end of the day i have just helped some insurance company save some cash! CRAZY!

Mike

 

[telford_mike]

Get in touch with the bus company pronto!

 

[Mikey23]

what should i say to them? thing is the guy is a bus driver, but he said he was driving it privatley, so will have to go through his insurance and not the bus companies? or does that not matter?

cheers

 

[paddymph]

where do these insurance cos find these monkeys they employ?! FFS.

just because he never hit u doesnt mean he isnt liable. The problem you MAY have is that a lot or R/bout claims tend to go split settlement, ie 50/50. Dont ask me why, just seems to be the way?! youd still loose ur bonus and youd get half ur excess back, should it go 50/50.

Thats worst case scenario, i dont think youll get 100 % blame.

Now, if youve got witnesses or the bus driver admits to his insurers that it was his fault then youre lauging mate, itll go 100% his fault.

 

[paddymph]

u need to know who insures the VEHICLE, i dont get how he can "privately" drive a bus??

if u do want to claim through his insurance theres 2 things u can do:

if ur comp on ur policy - claim, get it fixed, pay ur Excess then use ur legal cover to get ur excess back, if it goes a 100% his fault, ur uneffected.

if your TPFT OR u want to leave ur insurance out of it, use YOUR legal cover on your policy to put the claim totally through the bus insurance, this way u wont have an excess to pay, youll be wanting 100% blame to go on him in this case - downside is that it WILL take longer to sort...

 

[CocoPops]

A replacement seat for example is near enough 1500 inc airbag.

So its deffo not worth repairing yourself.

Hope it pans out ok for you.

 

[GR7]

If I were you, I would take some photographs of the roundabout and your car, and on the photographs, mark out as precisely as you can, the positions of your car and the bus, maybe using a couple of pics to show exactly what happened.

What is the rule on a roundabaout? Is it not something about "give way to a vehicle already on it, or vehicles to your right "or somthing like that?

It sounds like you were already on it when the bus decided to pull out (as buses often do). Never mind that he was driving it privately he has insurance so should be careful if he is driving other people around.

Just imagine if the boot was on the other foot - he would surely be after you to own up to pulling out, and causing the incident!!

 

[Pervert]

why are you asking about the rules on a roundabout? you should be SURE about them or make sure you are BEFORE you next get in your car

 

[Mikey23]

thanks very much paddy. feeling like mailto:cr@p">cr@p at the mo, but feeling a bit better now that i have been given some good advice! ive got fully comp insurance so i guess the quickest route is to get it fixed, pay out £300 and then persue it? how do i go about claiming my excess back? do i just say to my insurance company that i wish to claim againt his insurance? or do i have to take this up myself with someone? I think when he said privately he means that it is on his insurance, not the bus company. i guess it would be poinltess me contacting the bus company?



thanks coco, i knew a seat wouldnt be cheap!



girl racer - ur def right. believe me, i want to take this as far as i can. im just totally new to all this as ive never had to make a claim b4..... and yes u should give way to ppl on and to the right of ya cheers for the suggestion of the takin some pics n stuff. ill go back there tmw when its light and do just that!


[Edited by Mikey23 on 06 November 2004 at 4:43pm]

 

[GR7]

http://www.highwaycode.gov.uk/images/160_roundabout.gif

 

[GR7]

Quote: Originally posted by Mikey23 on 06 November 2004


thanks very much paddy. feeling like mailto:cr@p">cr@p at the mo, but feeling a bit better now that i have been given some good advice! ive got fully comp insurance so i guess the quickest route is to get it fixed, pay out £300 and then persue it? how do i go about claiming my excess back? do i just say to my insurance company that i wish to claim againt his insurance? or do i have to take this up myself with someone? I think when he said privately he means that it is on his insurance, not the bus company. i guess it would be poinltess me contacting the bus company?

thanks coco, i knew a seat wouldnt be cheap!

girl racer - ur def right. believe me, i want to take this as far as i can. im just totally new to all this as ive never had to make a claim b4..... and yes u should give way to ppl on and to the right of ya

[Edited by Mikey23 on 06 November 2004 at 4:42pm]





I know it is none of my business, but if I were you I wouldnt go ahead and get it fixed in case the bus drivers insurance company want to check it out for themselves first. Maybe if they havent seen the damage, they might not agree to paying for it, just in case they think it has been exaggerated (I know it hasnt) but you know what insurance companies are like, they sometimes try to avoid paying out. It is always best for us to have legal cover, as the insurer has its own legal department or employ a lawyer to fight it out for you.

Good luck. I am sorry for you.

 

[Mikey23]

is that how it works? i really have no clue. the car is at the renault dealers, so i am going to get pics of the car aswell tmw (the delaers is 50 meters up the road from the roundabout!)...... should i contact the bus company in that case? should i just leave it for my insurance company to sort out? lol i feel sorry for me........ even more sorry for my poor car!

 

[GR7]

The Highway Code rule 161 for roundabouts states that when you reach the roundabout you should "Give priority to traffic approaching from your right, unless directed otherwise by signs, roads markings or traffic lights. Check whether road markings allow you to enter the roundabout without giving way. If so, proceed, but still look to the right before joining. Watch out for vehicles already on the roundabout, being aware that they may not be signalling correctly or at all. Look forward before moving off to make sure traffic in front has moved off.
This may explain what to do when meeting roundabouts, but you should always take extreme care when other vehicles are approaching at speed. In each case, its essential that you "fit in" with all other traffic, because its not good driving to proceed blatantly, even if you do have the right of way. Safety must prevail, and just because you have right of way, it doesnt always mean it is safe to proceed. Accept that others make mistakes and act accordingly.

 

[m_darby]

As regards to insurance claims with 3rd parties, It doesnt have to be an insurance companies client that logs a claim, you can log it yourself especially if you were not to blame.

So inform your own insurance company and then get a claim logged with his if you have his insurance details.

The (abi) association of british insurers also has a agreement which states that if you are not at fault in an accident you are entitled to courtesy car at the expense of the at fault insurance company (like for like to your own car) within reason!.

Good Luck and make it clear it wasnt your fault.

 

[R3OBC]

Paddy is great with stuff like this

 

[edde]

The bill will be about £3k (from experiance)

Soory to hear about it.

 

[GR7]

Quote: Originally posted by Mikey23 on 06 November 2004

is that how it works? i really have no clue. the car is at the renault dealers, so i am going to get pics of the car aswell tmw (the delaers is 50 meters up the road from the roundabout!)...... should i contact the bus company in that case? should i just leave it for my insurance company to sort out? lol i feel sorry for me........ even more sorry for my poor car!




A friend of mine had a similar situation about two years ago, when a van pulled out of a side road and hit her, so I am thinking back to her situation as I helped her compose the letter to the other drivers insurer, who at the time, admitted it was his fault, then said the opposite to his insurer, so it took about ten months to sort out with the legal department, but my friend was paid in full for the repairs.

We took photos, just as I have said to you, with full explanation and positions of vehicles with before and after pics of the car too, so maybe you have a pic of your car in perfect condition as well as showing a pic of the damage caused by the crash.

Personally, if it was me, I would at the time, have spoken to the driver and asked for his insurance details, policy number etc and I would compose a letter explaining exactly what happened, with the time and date etc and print out either A4 or A5 copies of the roundabout and draw in the positions of the vehicles with explanation of the order of events and keep copies of everything for yourself and forward it all to your insurer, with copies to his insurer as well.

I think that most insurers tell their clients never to admit liability even if they are to blame. So you now have to convince them that you werent to blame.

Alymac works for an insurance company so he might be here later to help you.

 

[paddymph]

his insurers/legal cover people will do it.

Its all about being established on the roundabout when the accident happens, it sounds like u were.

Any witnesses?

 

[Sawa]

Sorry to hear about this

Hope everything sorts itself out, sounds like you are getting some good advice! My only bit of advice is to get any witnesses names and addresses, as it can only help.

 

[Mikey23]

thanks girl racer - i really didnt think to get his insurance details off of him, but im sure i can get them. was just in too much shock to be thinking straight at the time. Ill def get some letters and piccys done and do wot you did. sounds like a good plan to me!

not sure if its worth trying to get a courstsy car from his insurance, as my insurance company says they can get me one for monday (i have one as part of my policy) although i dont actually need a car this week, but ill take it if they are going to give me one.

well i was defo on the roundabout, just about to come off, so he is meant to give way to me, not the other way round. i always think of myself as fairly careful (never had an accident b4 since i started driving in 98!) i dont have any witnesses, other than those on the bus, but i dont think any of them saw it as it was quiet empty with just some kids upstairs. i have to wait till monday now b4 i can do any more, but ill def start on the letter and get some pics tmw.

thanks again to everyone for your advice. you have been really helpful and made me feel like i have some hope here!

 

[Rick]

First things first: DONT PANIC!

Like Paddy said, if the driver has said it was his fault then it shouldnt cost you a thing. Although, I also cant understand how the bus driver is driving privately?!? If its on the road then it should be insured, either by him or the bus company.

Get in touch with the bus company asap. Tell them what has happened and ask to speak to the drivers manager. Also, let your insurers know who the bus driver was and what company he works for so that they can put pressure on them if necessary.

Hope it works out OK for you. Crashes suck the fat one, but from the description of the damage you should get it turned around pretty quickly.

 

[Toypop]

Blimey yet another person being sh*t on by their insurance company. We pay thousands to these people and yet when you ask them to do something they just do sod all.

Seems to me the best thing to do in future when someone pulls out is to brake in a straightline and hit them.

 

[Mikey23]

thanks rick, i think im starting to calm down now, althou its just going to play on my mind now till monday when i can get things rolling......... i tried contacting bus company, but customer sevrices are closed till monday. my insurance company again say they cant do anything now till monday either so looks like ill just ave to wait.

im pretty sure he said that he was driving the bus privetly and that i would have to claim through his own personal insurance not the bus companies. He was communicating on the radio thou, so i asuume he is an actual bus driver of some sort...... however i will call the bus company anyway on monday and tell them what has happened. it just frustrates me so much - just because i managed to avoid damaging him and cause damage to just one vechile it now makes it a real pain to claim........ its like it would have been better for me not to swerve and just hit him! ive actual done them a favour by missing him, cos they only have one car to worry about as opposed to repairing both a car and a bus. if i had hit the bus, im pretty sure the damage would have been even worse cos it would have practically gone head on right into the side of it.

i really do hope this wont be long and messy......... the woman on the phone who i spoke to was pretty much adement that i would have to pay out my excess and lose my no claims and there was little chance of being able to clain off of the bus driver.

 

[Mikey23]

agreed toypop - at least that way you dont have to ass about like me trying to prove it wasnt ur fault cos all the evidence would b there in the collision

 

[Liam_Dynamique]

Quote: Originally posted by m_darby on 06 November 2004


The (abi) association of british insurers also has a agreement which states that if you are not at fault in an accident you are entitled to courtesy car at the expense of the at fault insurance company (like for like to your own car) within reason!.

ABI GTA doesnt necesarily guarantee a like for like replacement - i.e. in the case of a Clio 172, you wouldnt be able to claim a 2.0 replacement. You could probably claim a 1.6 Astra/Focus though, but there has to be mitigating circumstances as to why you would need this car instead of the little 1.0 Fiat Seicento/Daewoo Matiz that your own insurers will have lined up for you on Monday.

Who are you insured with? If you do get an admission of liability from the TPI, then PM me with the accident details (date, time, location, your insurance details and the TP) and Ill sort you out a motor!

 

[Mikey23]

sorry liam whats the TPI and TP? im insured with greenlight - they are my brookers. the underwritting insurer is actually highway insurance. when i called them up, they seemed friendly and as helpful as they could be. i had to call up a separate company who act on behalf of greenlight and deal with claims etc (onecall i think they are called). they were ok, but they were the ones adament that i was gonna have to pay out my excess as i didnt actuallly hit him..... they were going to call highway on my behalf, but i did it myself anyway cos no doubt it wont get done for days........even the woman from highway wasnt too sure about claimin off of the other guys insurance, but she put it down in the notes and said it would be looked into when they sent someone to have a look at the car.

 

[Liam_Dynamique]

sorry mate, force of habit - Third Party Insurers/Third Party.

 

[Mikey23]

ooook ok i getcha cheers mate. Even if they dont admit liability, surely im still entitled to a courtsy car through my insurance company as it says in my policy that i am entitled to one if my car goes in for repair. am i better of trying to get the Tp to admit liablilty and get a car that way via his insurance and not mine?

 

[Liam_Dynamique]

Well if the bus company report the accident and admit liability its better all round, as you could still leave your own insurers to handle the claim (and would then waive the excess id guess), have your premium and no claims intact, and claim a decent courtesy car under the ABI GTA (Association of British Insurers General Terms of Agreement).

In courtesy car terms, if you claim one under your own policy it will likely be for two weeks only, regardless of your car not being repaired in time unless the TPI concede liability in the meantime. Also, it will only be a small 1.0 hatchback bag of sh*te, instead of something more comparable to your own motor. As I said, if it looks like they will admit liability then I could sort you out a car

 

[Mikey23]

ok cool mate, if i can get them to admit liability then ill defo get in contact with you. thank you v. much! i think it will not be an easy jpb thou, but ill be pluggin away on monday!!

 

[Liam_Dynamique]

Id start with the bus company, speak to someone there and find out have they reported the accident themselves first, and if not then point out that their driver has already admitted to causing an accident and that you have logged the claim against their insurance yourself. Best to avoid confrontation to start with, word it as if the natural course of things would have been for them to report the claim and admit liability i.e. "Hi, my names Joe Bloggs; I was involved in a motor accident on 06/11/04 which involved one of your vehicles. Your driver has admitted complete liability at the scene, Im calling to find out whether or not your insurers are aware of this yet, and have you admitted liability to them yet?" Something along those lines, sort of lead them on as if theyre admission of responsibility is expected.

Good luck mate.

 

[Mikey23]

tops liam cheers mate. ill def go along those lines and see how i go! ill post again on here when/if i actually get somewhere (looks like monday) thanks again, youve been a really great help

 

[cliopower]

front suspension + alloy wheel cost me £750 so yours sounds more like £3k. I have delt with a bus company before and the car was written off. They have their own bodyshop and enginners so they will probably offer to repair it first if they take the blame. Sounds like the best your going to get is 50/50. Got loads of witnesses?


[Edited by cliopower on 07 November 2004 at 11:59am]

 

[Mikey23]

i didnt get any witnesses mate......... ppl on the bus were not looking which wasnt helpful.......

pics of the damage are in the gallery bit now

http://forum.cliosport.net/display_topic_threads.asp?ForumID=13&TopicID=121445&PagePosition=1&ThreadPage=1http://forum.cliosport.net/display_topic_threads.asp?ForumID=13&TopicID=121445&PagePosition=1&ThreadPage=1

hurts just to look!!

 

[TheRoninV6]

Do you not have any legal protection with your insurance? If so instruct them to take up the case and pursue the bus company.

 

[ESCOBAR]

Well m8 I really dont know where to start. I had a situation with a bus here in Edinburgh, so what can I tell you ? Well for a start, bus drivers are w**kers and bus companies are C*nts no question about it.

I was struck by a bus while sitting stationary at lights (red) the bus came down the right only lane, I was in the left (go left or straight on) lane, when the lights changed, the bus moved off I didnt, he WAS TURNING LEFT!!!!!!! f**ker dragged the whole bus along the side of my car while going completely round the corner before stopping, what can I say - my car was f**kED!!!!!!!!. Anyway got a witness who saw the whole thing, Great, then the bus driver said " oh I didnt see you " (c**t) swapped details, he had a witness on the bus (80 year old coffin dodger (f)) who said I drovve into the bus (although I wasnt f**king moving (grrrrrrrrrr)). Anyway, took photos of the traffic light and lane setup, posted to my insurance company, they said "well sort it out" well, the bus company said that they werent paying and that I drove into the bus although the bus was damaged along the whole length of which means I must of driven into him at 45 degree angle round the corner (rflol) ion my little clio. Anyway 1 year passes then a f**kin mesiah turns up to the day 1 year on saying - " oh i saw that accident and that young man drove into the bus " So the insurance company settles 50/50. I challenged it but the insurance company said when I asked "but did you not see the damage to the bus" to which they replied "no we dont have any pictures of damage to the bus" so I either go to court or settle 50/50 even though this witness turned up 12 months on.



So my message to you my good man is simple,

1)dont expect the bus company to pay unless they kill you. even then its dubious

2) carry a camera in your car to take photos there and then.

3) make sure you get as many witnesses as possible

4)never stop to let a bus out of a space - f**k em all

5)dont trust what a bus driver says - its their livelihood so tell him hes a lying b*****d and tell him where to shove his f**kin bus.

6)Dont use public transport again - im boycotting the un-named bus company (w**kers)

7) Bus companies will fight tooth and nail in order to avoid paying out.



AND Finally: GOOD LUCK.

 

[Mikey23]

i have legal cover, and they are chasin the bus company up now as we speak. ive got pictures etc of the accident and have it all details in a report with step by step photos of what happened. havnt sent this to em yet thou.......

esco - really sorry to hear about that mate - if u didnt get anywhere with em, then im really not holdin out too much hope esp cos i never actually hit the bus! at least my excess isnt extortionate......... just not sure if i lose my no claims whether ill b able to keep the clio next year

 

[miketheman2k]

I have been in a very similar situation, although I had the benefit of actually smashing into the t**ser who pulled out.

There is only one way to make sure you get your way, and that is persistence; you need to keep writing letters, drawing diagrams and photos, etc until you are blue in the face. When the insurance companies and the bus company realise you are not letting this go, they will be forced to admit liability....eventually!

Just keep on and on and on.....good luck

 

[Mikey23]

well, i left my car at the renault dealers and asked them to provide me with a quote for gettin the bits fixed........ are you sitting down..........

£5,836!!!

i really cant believe it is that much.... esp cos i didnt even hit the kerb that quickly. I just hope that it is OTT cos i left it at renault......

My insuracne company have put me in contact with another company, who have now lifted the car and taken it to their garage. if it is really gonna be that much, then surely my car will be a write off?

 

[glenndci]

ok thats alot. by the looks of the pic she will need pulled aswell cos that wheel is sitting far back or a bolt sheared off the bottem ball joint, seat cover, airbag and detonator are gona be £900. lucky u didint kink the roof like me. i kinda went too close to a ditch an done the same to my clio. my total bill should be around £1500 - £2000