My first 'dear aunty' post - be gentle

[silky666]

My first post of this section ... mainly due to the fact that I am emotionally strong and sorted ... unlike you mental f*ckers.
Anyhow ... this is where I ask for your kind help

Had my first ever crash yesterday .. in my van.
So unsure what to do .. as in: I dont want to risk losing no claims / higher insurance next year etc.

Crash Details:
Tesco delivery van pulls to left side of road and indicates left.
I go to overtake.
He then decides that he wishes to turn right (into the drive he obviously had difficulty locating) ... indicates as I am almost along side him (i saw a quick flash of right indicator) .. then pulls across in front of me. BOSH.

Insurance Details:
3rd party fire and theft.
No protection.
No witnesses.
My front left wing hit his front right wing/wheel.
Damage to my van is fairly bad - effed wing .. effed bumper and under bit.. effed lights. effed washer bottle.
Drivable with a bit of work tho.
Damage to his is scuffs.

He claims he indicated right all along.
He didnt or he wouldnt have been pulled onto grass verge... and I wouldnt have overtaken.

So:
He is going to claim it was me ... I am claiming it is him.
No witnesses.

Will it go 50/50 ?
And if so ... then is it worth me making a claim and fight for them to pay ? or not bother and dont risk it going 50/50 and just pay the fix myself ?
What if the write it off ? can I buy it back cheap ?
Any other advice / ideas.

Thanks in advance.
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There's nothing that shouts "Poor Workmanship" more than wrinkles in the Gaffa tape.

Gaffa tape is like "the force" - it has a light side, a dark side, and it holds the universe together.

[.....]

Oh it was you I saw crash? What a coincidence. Did I not mention I was behind and saw everything?

[silky666]

[Robby]

I've just settled a bike crash 80/20 in my favour. It was someone pulling out on me from a side road.

This will be your word against his, and the layers on each side will sort it out - your insurance company should pass you on to the no win, no fee lawyers that they use. If they don't, I've done well with Lyons Davidson.

Don't forget the personal injury too. If it does go 50/50, you want to make sure you still make a profit.

Mine took nearly 2 years to sort out, and in the end the liability split is quite arbitrary and entirely down to negotiating, and not about what actually happened - it only gets judged fairly if it gets to court, which would take anything from 1-3 years after the incident, depending on how slow the lawyers are.

They will look at it sensibly though. Why would you overtake a van blocking your path and indicating to pull across it? The damage makes it clear that you could get past him, and that he turned into you when you were well alongside.

Nothing happens to your insurance premium or NCB until the claim is settled. My claim happened about 5 insurance companies ago, so they may have a job tracing me and my no claims to reduce it.

[WildGoose]

Sorry to hear about the crash. Poor transit

Just my 2 penneth, I had an accident last year, a head on, on a single track road, so you would assume that it would go 50/50 without any possible argument.

Through the other parties whinging (and most probably the fact he is seen as respectable old man, and i'm viewed as the young arrogant upstart) he managed to get it 100% in his favour, he also submitted a witness who wasn't even there at the time of the accident, but arrived after and they even used some of her statement, so just goes to show that things are never what they seem with claims.

I said my piece, but didnt really care, as it was a commercial policy and a work related accident, so doesnt get attached to me. The same way the tesco driver will get nowt attached on his private policies whatever the outcome.

Highly likely to be written off o'd say due to the low value of vans, compared to cars, depending on the severity of the damage, official panels for that area from ford are quite pricey officially.

https://www.beeversautopanels.co.uk/ - These guys however do pretty good deals on panels, and they have damn near everything for the transit. Find a half decent friendly welder and to repair yourself shouldn't be too painful on the wallet. They also sell most light units and lenses, but can be had cheaper on ebay from the regular transit suppliers.

Just got that scrapper of a van we were talking about collected tonight, so can't offer much from that. But i've got a washer bottle if you want
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So in other words, he stopped you for being flagrantly in posession of a motorcycle in direct contravention of the Hippies, Darkies and People Whose Face I Don't Like The Look of (Police Powers) Act. 1976

[chris-red]

it will take ages to sort out, all the while your no claims are gone, then it will go 50/50. Insurance is a cunt.
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Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything.

[cagiva gezzer]

[WildGoose]

Aye, and you just say no.

One has got nowt to do with the other, drivers arent even named on the commercial policies, you are just a company employee. Would like to see them try and cross reference that. The databases arent what they say they are.

[EDIT] We may of course be talking about different things, if its a company van issued to you, considered in the same way a company car (i.e. take it home, tax implications etc etc) then that will no doubt be treated differently.

Guarantee you tesco blokey above will have zero negative implications as a result of this prang with silky, accident report form, possibly interview with insurance bod, end of story. You think he will be telling his car insurance people how many front wings he has stoved in this year?
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So in other words, he stopped you for being flagrantly in posession of a motorcycle in direct contravention of the Hippies, Darkies and People Whose Face I Don't Like The Look of (Police Powers) Act. 1976

[yuri2085]

But it dosnt matter if he indicated upside purple ways all along.

He turned into you as you were driving along the road.

In the maneuvere on the test you are taught not to indicate when turning in the road because you are not supposed to be doing it when you could get in somebodies way (or at least not pulling into the side of them).


Get him to sign a statement saying he did that then you win, as he seems to think that is a valid excuse.

[Hazylogic]

mate I'm an asda delivery driver (stands proud) and any insurance claims seem to just get settled in t'other person's favour. I'm guessing it is the same for Tescos. Sounds like it was his fault anyway.

[J0Al1]

Bummer!

1st, I don't think by law you are supposed to overtake a car whilst its doing a manouver (be it to the left). .

I was in similar situation once. . . I was signerling right, but put my indicator on a little ealry (not my normal decisive self), woman bhaind thought I'd done it by mistake and overtook, just as I turned right. Feking 4x4 squashed my Rovers right wing

Think we settled its 75/25 in my favor.

You can press for unclear driving on his part and you should get 50/50 - push for more tho, TESCO can afford it

Sory to hear, what a pain.

[chrisjacks]

i was in a head on car accident last feb and it still hasnt been sorted, it takes ages and every other week im getting calls from solicitors asking me this or telling me that its so annoying.

[Clanger]

He shouldn't have pulled out, even if he was indicating...it isn't his automatic right to pull out...so he shouldn't have a leg to stand on...sue him!!! The damage to your vehicle will clearly show that he ran into you...
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Be who you are and say what you feel, because those who mind don't matter, and those who matter won't mind - Dr. Seuss